Extending the Energy Acquis beyond EU ­Institutional Challenges

FSR Energy Union Law Webinar Series with Professor Henrik Bjørnebye (University of Oslo)

In this open access webinar, Professor Bjørnebye) examines the institutional governance challenges arising from the control of non-EU Member States which are part of the IEM from EU-specific energy sector institutions.

The ambitious Energy Union policy is about to result in an ambitious EU energy law. A complex regulatory framework for internal electricity and gas markets necessitates sector specific institutions capable of facilitating supervision and enforcement of the law. Through cooperation agreements such as the EEA Agreement and the Energy Community Treaty, the EU´s internal energy market comprises more than just EU Member States. This situation raises challenges for the implementation of both substantive rules and institutional arrangements in non-EU Member States.

In this webinar, Professor Bjørnebye focused on the institutional challenges arising as a result of the establishment of specific EU energy sector institutions such as ACER and ENTSO-E (and, correspondingly, ENTSO-G). In particular, the question arises as to how cooperation between the EU and non-EU Member States could be structured for EU institutions with decision-making powers without voting rights for the non-EU Member States, i.e. ACER. Professor Bjørnebye will primarily focus on the EEA Agreement, but similar challenges may arise under the Energy Community cooperation and, in the coming years it may also potentially impact a cooperation agreement with the UK post-Brexit.