Since its inception the European Union has made several attempts to formulate a common energy policy for Europe, thus far achieving only partial success. Two of the founding European organizations – the European Coal and Steel Community and EURATOM – were designed to regulate energy in a supranational manner, so in theory the EU has possessed the institutional and legislative framework for a common energy policy since its beginning. However, the organizational failures of pre-2004 Europe were severe enough to prevent a full framework from emerging. Most commentators have pinned these failures to apprehensions among the member states: reluctance to pool sovereignty in a supranational body, unwillingness to relinquish extensive direct and indirect controls over national energy enterprises, and so on. These apprehensions have proven difficult to shake even to the present day. According to Janne Haaland Matlary, part of the problem has been that in energy policy there are clear and deep-rooted structural interests that thwart cooperation; a country that is, for instance, “primarily an energy importer has different interests from a country which is an exporter,” and these orientations are difficult to manipulate in the negotiation process (259).
Yet the expectation that a combination of factors would motivate the convergence of member states’ energy policies has always been highly plausible. Economic liberalization, the increasingly integrated European economy, the shared challenges of the environment and international competition, and even the increased activism of the Commission in areas which impinged upon the energy sector brought about a de facto convergence of national energy policies some two decades ago, creating the basis for a genuine and codified European energy policy. Additionally, the European institutions have taken steps to bring energy policy into compliance by “specifying and enforcing the legal obligations on service providers under primary law” (Cameron 4). As of the Commission’s issuance in March 2006 of a ‘Green Paper’ listing a number of options to achieve “sustainable, competitive and secure” energy supplies in the EU, Europe finally has a written basis for a common energy policy and a growing consensus on how to implement it (ec.europa.eu). Subsequent consultations have helped to advance and expedite this new energy policy, increasing the probability of its eventual success. But two vital questions remain, which I will explore in this article. First, what circumstances – internal and external, economic and political – precipitated the widespread agreement that Europe needed a common energy policy so soon after the ‘big-bang enlargement’ of 2004, and second, how has Europe’s approach to Russia – its largest and most problematic supplier – and to energy in general changed since 2004?
Prior to 2004, the shift toward a European energy policy advanced in an incremental and need-based manner. This fact indicates that the orientation of official energy policies and the balance of other policies affecting the energy sector have shifted considerably over the decades. For much of the post-war period, there was an emphasis on fostering national energy resources and facilitating the transition to a more diverse energy balance, based largely on fears about energy security (particularly since the oil crises of the 1970s). The other strand of emergent policy was also strategic, but in a broader sense, it involved the use of the energy sector to fulfill wider economic objectives such as the development of new technologies, control of balance of payments and inflation, and the pursuit of social welfare. In that period, the energy supply industries were important mechanisms for pursuing these objectives and governments were able to exert influence through outright ownership or the allocation of special privileges within energy markets, such as the granting of exclusive rights or monopoly franchises. Throughout the 1950s and 60s, “attempts to develop policies for energy industries were ignored or rejected by member states who sought to retain control over the energy sector” (McGowan 14). Even the 1973 international oil crises could not catalyze a common policy, despite the fact that most EU member states were heavily dependent on imported energy supplies.
In the early 1980s, the UK started to privatize national energy enterprises and the various industries with which those enterprises conducted commerce. This began a debate in Europe about whether free-market economic principles necessarily required each country to be responsible for its own energy demands and whether energy was really as national a concern as it had been regarded in the past. The clear alternative, demonstrated on a microcosmic level by the UK’s privatization scheme, was to subsume member states’ energy needs in the free market and regulate them through common European policy. In the 1980s, discussion over this prospect reached heated levels in France, the Netherlands and the Scandinavian countries; there was an “emerging ‘paradigm shift’ in thinking about the state’s role in the traditionally public sectors of the economy” (Matlary 258).
Taking a step back, this shift may have had its roots in the oil crisis of the early 1970s. Though largely another instance of the community failing to harmonize procedure, the European Commission, in the wake of the crisis, attempted a new approach to the supervision of energy supply and demand. This involved the setting of target objectives – namely, the “reduction of energy imports as a proportion of total energy needs and the improvement in energy intensities” (McGowan 14). In these cases, however, the main concern was to change the structure of energy balances rather the structure of energy markets. By the mid 1980s, therefore, the Commission had succeeded in establishing a place in energy policymaking, but it was far from central vis-à-vis the policy agendas of member states, consisting instead of information-gathering and target-setting. While these activities did not necessarily constitute a comprehensive community energy policy, they formed the pragmatic basis for a larger regulatory role of the Commission in energy policy.
Despite this new institutional stance and regulatory ability of the Commission, the oil crisis had mixed results on energy imports in Europe. Peter D. Cameron finds that “on the positive side, there was reduced dependency on imported fuels, especially nuclear energy” and on the negative side, “government-inspired investment in new power plant capacity proved in a number of cases to have been very costly and unnecessary” (12). These problems were for the most part pacified by the ratification of the Single European Act, however. The act, which was originally intended to quell discontent in the community over the lack of institutionalized free trade between member states, ended up also prompting greater energy policy activism from the Commission. That dynamism was most clearly seen in two areas that were impinging upon national policy agendas – market liberalization and environmental protection. These proved to be areas to which the policy techniques of the Commission and the competences and commitments of the member governments were well suited. Thus the Commission was able to inhabit an ever-lofty role in policy advisement and economic regulation, including the energy sector.
The Single European Act also implicitly introduced a new power-bargaining compromise between the Commission and the member states regarding energy: while member states still reserved the right to veto any energy proposal made by the Commission, proposals about the internal energy market were henceforth to be decided by majority vote. This stipulation put the agenda-setting power firmly in the Commission’s hands, since it could sculpt proposals to fit the context of the internal energy market and had ample recourse to the European Court of Justice to debate those proposals with the member states. Matlary argues that in the period since the formal initiation of the internal energy market in 1988, “the Commission service responsible for competition has been active in applying the competition rules to the energy sector, hitherto relatively free from such interference” (261). Altogether, the 1980s ushered in an unprecedented emphasis on privatization in previously public sectors and interest grew in appraising the potential benefits of deregulation. From the 1988 policy negotiations, the Commission apparently gained authorization to develop an internal energy market that would fit the general single-market model. However, there was no real permission given to the Commission to establish a common energy policy that would cover some of the more pressing issues felt by the member states, such as security of imported supplies. The purpose of the internal market, rather, was to create common-market rules for the transportation, sale and other elements of trade in energy products, not to establish security, quality, production or emission benchmarks.
The issue of a functional internal energy market thus remained unsolved by the late 1980s despite the many efforts of the Commission (which in some cases involved finagling with the European Court of Justice to “establish a formal competence for a common energy policy in the Treaty on the European Union”) (Matlary 263). In the early 1990s, the Commission presented directives on price transparency, electricity transit, gas transit and plans to monitor large investments in the energy sector in an attempt to institute common European procedure in these areas. These directives did not have any major impact on the sector and were soon to be followed by additional legislation, which was “intended to herald a new phase in the energy liberalization” and coordination process (Boisseleau 2). The ensuing directives that the Commission issued on electricity and gas, however, left the member states with almost unrestricted choice for implementation, which quickly proved to undermine the harmonization that the directives had specifically envisioned. Moreover, these proposals met with varying degrees of resistance. The proposal for electricity transit was adopted with relative ease, but the transit question for gas proved far more difficult, requiring several negotiations and reformulations during a two-year period before being adopted in October 1990.
As the internal energy market expanded its sphere of influence, it became apparent that supply security would need firm policies at the European level. This notion developed out of the logic that in a more liberalized market, the importer would become more vulnerable to an interruption of supply, especially since state actors had formally relinquished the authority to secure supply for a market that extended beyond national borders (Matlary 268). This growing separation of powers highlighted what was an uncomfortable but necessary new reality for many of the member states; the more internationalized the energy market became in terms of common rules, the less control their national governments could exercise. Thus, it was imperative that the EU intervene with specific policy measures to tend to problems that the market could not resolve on its own. The common energy policy remained an important item on the Commission’s agenda during the early 1990s – in an attempt to establish a more coherent and far-reaching energy policy by the end of the decade, the Commission published a Green Paper in 1995 entitled “For a European Union Energy Policy,” which set out goals for energy imports and consumption and made a case for the delegation of greater responsibility to the EU with regard to changes that had occurred in the legal, institutional and economic environment of the EU (Cole 128). These changes included the Single Market, which had been significantly altered in function between its establishment in 1988 and 1993, and the increasing concern about energy in the EU due to environmental protection objectives (arising from growing energy consumption), and to “geographical changes affecting supplies to the EU from third countries” (Cole 128).
Throughout the remainder of the 1990s, the EU’s focus was firmly centered on bolstering the internal energy market (which required convincing the member states that it would work), harmonizing it with new environmental and economic objectives, and developing a common energy policy based on the internal market. As this work was being hashed out, both in court procedures and in committee meetings, another incentive for developing a strong common energy policy with an environmental element emerged. In the late 1990s, the Commission began to conduct accession negotiations with many of the formerly-communist states of Central and Eastern Europe. By 1997, allocation of aid funds to the area was already being connected to environmental measures that the EU had strived to include in the design of the common energy policy. Rather quickly, the quandary of this region became apparent to the EU, which Matlary neatly sums up as, “how to achieve economic growth without taxing the environment unduly” (269). In short, Europe generally perceived at the start of these accession talks that the influence of EU policy in this region could be critical and much would depend on the linkages between an intra-EU common policy and the projection of that policy eastward.
The countries of Central and Eastern Europe indeed posed a basic policy challenge to Europe at their accession in 2004. Not only were they less developed economically, more agrarian-based and thus more in need of a network of energy importers with capital and wherewithal at their disposal, but several of them had formerly relied on the Soviet Union for all of their energy demands. Particularly the latter issue sent Europe into a tailspin of territorial concerns, but more importantly, the problem of satisfying the energy needs of the new member states underscored the new reality of the common energy policy; whereas before Europe had treated the common energy policy as a positive but optional reform of the energy-importing framework, now there was no doubt that it was a basic prerequisite for expansion. In addition, these new, prospective member states were visibly lagging in environmental protection standards, which had to be fixed expediently. The Commission’s 2006 Green Paper, entitled “A European Strategy for Sustainable, Competitive and Secure Energy,” was meant to finally tackle these looming environmental and energy questions and, in so doing, pave the way for the smooth accession of the new states. The background to this action plan was, of course, the stark presence of new challenges: how to ensure an energy policy that would be flexible enough to respond to the global environment while ensuring a stable regulatory framework that would infuse the market with sufficient trust and confidence; how to achieve climate change and carbon reduction goals; how to ensure security of supply against a backdrop of potential instability and political manipulation in some key supplier countries; and how to deliver competitive energy prices.
The Green Paper’s largely positive reception in Europe might be attributed to its modesty and methodology; it was careful to enumerate Europe’s many yet unresolved energy problems and pragmatic in laying out steps for addressing those problems. The Paper acknowledged, for instance, that “Europe has not yet developed fully competitive internal energy markets” and “only when such markets exist will EU citizens and businesses enjoy all the benefits of security of supply and lower prices” (ec.europa.eu). To solve this, the Paper proposed that “interconnections should be developed, effective legislative and regulatory frameworks must be in place…and competition rules need to be rigorously enforced” (ec.europa.eu). To a similar end, one of the crucial provisions in the Green Paper was for a regular EU Strategic Energy Review, covering the issues identified in the Green Paper and constituting a flexible action plan on European Energy. Most of the member states were quick to consent to this recommendation at the 2006 Spring meeting of the European Council and requested that the Commission present an ‘Energy Action Plan’ for debate at the 2007 Spring meeting of the European Council (www.berr.gov.uk). Accordingly, in January 2007, the Commission published its first Strategic Energy Review along with a number of supporting documents underpinning some of the proposals in the review.
The major initiatives of the common energy policy, as laid out in the 2006 Green Paper and followed up in the Commission’s “Energy for a Changing World” in January 2007, concerned completing the internal energy market, increasing solidarity among EU member states, diversifying the EU’s energy supply, addressing global warming, and formulating an energy technology plan and a common external energy policy (EurActiv.com). These are necessary and commendable action plans and will likely produce successful results in the years to come, but it is vital to take stock of their close connection to the concerns introduced by the eastern and central countries that the EU admitted in 2004. In the action plans, particularly the call for greater solidarity among the member states with respect to energy demands and diversification of energy supply, it is easy to notice a strong declaration of energy sovereignty and self-sufficiency – the kind which world superpowers have been known to enjoy for the past century or so. In enhancing the harmony between member states with regard to the international market’s most important commodity – rather than leaving each state to satisfy its own demands – Europe has increased its market strength and independence vis-à-vis its problematic suppliers (Russia and the Middle East) and its competitors (the U.S., China and Japan, to name a few).
There is still a lot of work to be done in designing a common external energy policy that works, though. In a September 2007 article, Dieter Helm writes, “Meeting the external challenge posed by Russia requires a major re-orientation of EU energy policy, and a robust approach to security of supply” (2). Largely, the realization of the necessity of such a re-orientation is a phenomenon of post-enlargement Europe. As a smaller supranational organization juggling the varying demands of its member states, not only in the energy market but elsewhere, Europe did not used to have such an urgent need for coordination. Now, with more members, more varying energy needs, and a more expensive and unstable energy market than ever before, coordination is a must for Europe.
But the EU’s intensive focus on a common internal policy over the past two years may be seen as a cover for the fact that it has no answer for the more imperative energy question of how to deal with its problematic Russian suppliers. In fact, the EU and Gazprom have been trying since 2004 to outduel each other on the energy market: the EU’s attempts to strengthen its bargaining power by consolidating member states’ needs is analogous to Gazprom’s attempts to strengthen its bargaining power by nationalizing its reserves, monopolizing pipelines and undermining free-market competitors in the Caspian (Helm 1-2). In other words, the EU has been taking steps to drive prices down while Gazprom has been taking steps to drive prices up, but the two sides have not been negotiating with each other. Once again we see Matlary’s ‘structural interests’ at work hindering the ability of Europe to promote its own welfare. Only this time, the tension is not between member states but between Europe and its supplier. The result of this situation, for the short term at least, is a market impasse with a slight advantage to Gazprom.
What can be said in praise of the EU is that after the 2004 enlargement, it wasted no time in sitting down to seriously contemplate the pressing energy-environment challenges posed by the new member states. The circumstances requiring it to do so were clear: energy supplies growing more expensive and less secure in the world and environmental protection and anti-global warming measures becoming necessities. Above all, Europe has realized since the enlargement that it can no longer bear to be dependent on a dubious Russian supply (especially with the increased demands of the new member states); it must diversify and expand its supply source. Europe’s sincere attempts to coordinate and unify itself can be seen as steps toward that goal. The vastly increased size of the EU, in short, demands a common energy policy that coordinates energy imports and provides for the sharing of resources and technology in a way that maximizes energy potential. These measures are now being incrementally implemented as the necessary support infrastructure expands. The extent to which they achieve the stated aims of the 2006 Green Paper and subsequent addendums will influence the ability of Europe to function effectively in an increasingly precarious energy market in the coming years.
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Boisseleau, Francois, and Martha M. Roggenkamp. Regulation of Power Exchanges in Europe. Antwerp, Oxford: Intersentia Nv, 2005.
Cameron, Peter D. Competition in Energy Markets: Law and Regulation in the European Union. Ed. Michael Brothwood. Oxford, New York: Oxford UP, 2002.
Cole, John, and Francis Cole. A Geography of the European Union. London: Routledge, 1997.
“EU Considers Common Energy Policy Amid National Sovereignty Concerns.” EurActiv.com. 29 June 2007. 26 Apr. 2008 <file:///C:/Users/Jasper/Desktop/CENEU%20-%20Sources%20for%20Final%20Paper/Euractiv.htm>.
Green Paper: A European Strategy for Sustainable, Competitive and Secure Energy. European Commission. Brussels, 2006. 25 Apr. 2008 <http://ec.europa.eu/energy/green-paper-energy/doc/2006_03_08_gp_document_en.pdf>.
Helm, Dieter. The Russian Dimension and Europe’s External Energy Policy. University of Oxford. Oxford, 2007. 3 May 2008 <http://www.dieterhelm.co.uk/publications/Russian_dimension.pdf>.
Matlary, Janne Haaland. “Energy Policy: From a National to a European Framework?” Policy-Making in the European Union. 5th ed. Ed. Helen Wallace and William Wallace. Oxford: Oxford UP, 1996. 257-277.
McGowan, Francis. European Energy Policies in a Changing Environment. New York: Springer Books, 1996.