Abstract
Overview
Introduction
EU Directives require the European gas and electricity markets to open to full
retail competition by July 1st, 2007. Many countries will not properly adopt
or enforce the national laws necessary to implement the EU Directives. Yet
even where national laws are adopted, the unbundling/liberalization approach
of the EU Directives will in some places fail to strengthen competitive
intensity.
Scope
- A review of the requirements of the EU Gas and Electricity Directives.
- An examination of options for the European Commission to ensure Directives
are implemented at a national level.
- A projection of the areas where effective implementation of the Directives
is likely to falter.
- An analysis of the likely response by the EU's Competition Directorate
General and the implications for European energy companies.
Report Highlights
Only in April 2006 did the EU Commission formally notify 17 member states that
they had not yet properly applied, or transposed into domestic legislation,
relevant (B2B) portions of the Gas and Electricity Directives due to be
implemented in 2004.
EU citizens (rather than corporations) may use the Directives as the basis for
legal action in their domestic court system, effectively suing for personal
damages due to their country's failure to implement the Directives.
If compliance with national laws reflecting the EU Directives does not produce
results in areas like 'vertical foreclosure' and 'market integration'
(competition law concepts reflecting aspects of market openness), then the
Competition DG can and will pursue legal action on its own.
Reasons to Purchase
- Understand what the requirements of the EU Gas and Electricity Directives
are and where implementation is likely to falter.
- Understand the limitations of the European Commission in enforcing
national implementation of the Directives.
- Project the implications for companies as policing of legislation by the
EC moves to policing of markets and companies by the Competition DG.
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