Energy liberalisation by attrition
By Simon Taylor - 09.06.2008 / 14:01 CET
France and Germany managed to protect the interests of their industrial giants, but those giants may prefer to shrink rather than be tied by red tape.
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Jaroslav Neverovic, Lithuania's energy minister |
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Fact file
Key elements of the energy deal
Third option (independent transport operator): Applies to both electricity and gas.
Review clause: Two years after implementation (implementation takes two years so effectively after four years).
Cooling-off periods: Staff working at the ITO will not be allowed to have worked for the parent company for three years before joining the subsidiary or for four years after working for the ITO.
Management of ITO: Regulator appoints members of executive board of ITO.
Third-country clause: Not finalised but must be “non-protectionist”.
Derogations agreed for: Cyprus, Luxembourg and Malta, for electricity and gas; for Estonia, Finland, Latvia and Lithuania, for gas until they are directly connected to a system of another member states.
Agency for Co-ordination of Energy Regulators: Will remain purely advisory.
Level-playing field: Countries that have already imposed ownership unbundling will be able to take additional measures to ensure a level playing field with companies from countries that have not imposed unbundling.
Market functioning: Detailed requirements on record-keeping (relating to transactions in supply contracts and gas/electricity derivatives) and consumer rights (e.g., ability to change supplier).
Comitology: Commission's role in network certification more limited than originally envisaged.
How the deal came together
10:00: Council starts with public debate. Member states' positions very entrenched.
12:40: Ministers break for lunch. Negotiations expected to continue.
14:30: Lunch finishes early amid frustration at lack of movement on Germany's part. Dutch delegation reluctant to consider further concessions unless Germany shows its willingness to compromise.
Afternoon: Officials from the presidency of the EU, currently occupied by Slovenia, and the Commission meet and negotiate with the German delegation.
Full ministerial session: Issue of level playing field arises as a possible obstacle to a deal. France and Spain in stand-off. Some disagreements over comitology.
18:30: Compromise reached.
Jaroslav Neverovic, Lithuania's energy minister
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