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The ‘Cinderella’ of EU Energy Law

Energy Poverty. The ‘Cinderella’ of EU Energy Law. Key Messages. Progressive concentration of control over energy policy in EU EU governance of EP is new and under-developed Law & policy regarding EP affected by a tense ‘shared competence’ between EU and MS in energy sector.

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The ‘Cinderella’ of EU Energy Law

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  1. Energy Poverty

    The ‘Cinderella’ of EU Energy Law

  2. Key Messages Progressive concentration of control over energy policy in EU EU governance of EP is new and under-developed Law & policy regarding EP affected by a tense ‘shared competence’ between EU and MS in energy sector EU energy law now entering a critical period of review Irish Presidency should ensure a stronger focus on EP in this process
  3. EU Energy Transition 1996-2014 Forging a single European energy market IME3 Directives 2007-2050 Decarbonising EU energy sector ‘20-20-20’ Climate & Energy Package Roadmap to 2030/50
  4. EU’s Strategic Energy Objectives Secure supply Affordable Energy Decarbonisation Competitiveness Social Justice Dimension: Fair contribution to global climate justice Protecting interests of European energy consumers
  5. Key EU Legal Frameworks IME 3 Directives Energy Efficiency Directive 2012/27/EU Energy Performance of Buildings Directive 2010/31/EU
  6. MS Cannot Lawfully Ignore EP 2009 IME3 Directives require MS to take ‘appropriate measures’ to protect final energy consumers In particularthey must ensure that: (a) There are ‘adequate safeguards’to protect ‘vulnerable customers’. (b) Rights and obligations linked to VC are applied.
  7. EEL does not enshrine a harmonised European definition of EP IME3 Directives do not define the concept of ‘VC’ or ‘EP’ Instead MS are obliged to adopt a national definition of ‘VC’ National definitions mayrefer to ‘EP’ Exerciseof this discretion is subject to: Obligation to ensure ‘high level’ of consumer protection Robust oversight by national energy regulator Obligation to implement EU law in compliance with EU Charter on Fundamental Rights
  8. EEL on EP loosely drafted IME3 Directives very loose on what constitutes ‘appropriate measures’ or ‘adequate safeguards’ Strong contrast to closely specified consumer protection obligations EE Dir 2012/27/EU No binding EU or national EE target MS required to adopt ‘indicative national targets’ Specific provisions for prioritising EE for EP are weak
  9. Uneven transparency obligations IME3:Requires MS to make annual report on consequences of market liberalisation, including explicit emphasis on ‘social’ dimension EED: Despite extensive reporting obligations – MS have no explicit requirement to report on implementation vis a visEP
  10. Decentralised Responsibility for Monitoring and Enforcement Extensive MS discretion weakens EU Commission’s power to take enforcement action Primary responsibility for monitoring and enforcement rests with powerful, independent national energy regulators Important bulwark against MS inaction but not fragmented MS responses
  11. Recommendations for Irish Presidency Prioritise MS compliance with existing EEL Work to strengthen the legal framework governing EP mitigation Embed a strategic commitment to a just low carbon transition within emerging EU EL
  12. Energy Poverty

    The ‘Cinderella’ of EU Energy Law

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