THE EXTERNAL DIMENSION OF THE EU’S INTERNAL MARKET: EXPORTING THE ENERGY ACQUIS AND ITS IMPLICATIONS FOR GAZPROM

INTRODUCTION. The article examines the extent to which the Union’s internal market can be said to have been externalised, given the extraterritorial implications of the Union’s internal energy market rules and regulations. In this respect, the article investigates the exercise and control of EU regu...

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Main Author: N. A. Georgiou
Format: Article
Language:English
Published: Moscow State Institute of International Relations (MGIMO) 2019-02-01
Series:Московский журнал международного права
Subjects:
Online Access:https://www.mjil.ru/jour/article/view/287
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author N. A. Georgiou
author_facet N. A. Georgiou
author_sort N. A. Georgiou
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description INTRODUCTION. The article examines the extent to which the Union’s internal market can be said to have been externalised, given the extraterritorial implications of the Union’s internal energy market rules and regulations. In this respect, the article investigates the exercise and control of EU regulatory power beyond EU borders by examining the crossborder reach of the Union’s regulatory power beyond its boundaries given its implications for Gazprom and Russia’s interests on the European market. MATERIALS AND METHODS. The article pursues a doctrinal approach to the research methodology which includes the internal dimension of the Union’s energy policy and the extent to which the Union’s internal market regulation has been externalised and imposed on its external energy relations with Russia – this includes a detailed analysis of: (i) the Third Energy Package (TEP)’s ownership unbundling rules; (ii) the Third Country Clause; and (iii) the Union’s Competition law (given the recent decision of the EU Competition investigation of Gazprom’s sales in Central and Eastern Europe). RESEARCH RESULTS. A fundamental aspect of the EU’s rule-based market approach, is the perception that a fully liberalised and competitive EU market can facilitate energy security by way of enhancing diversification of suppliers. As such, the TEPs’ ownership unbundling; the Third Country Clause; and the EU’s Competition law have become significant mechanisms in the Union’s toolbox of instruments to further its rule- based approach and market-based agenda for the purpose of ensuring European energy security. The article illustrates the Union’s sectoral application of the acquis beyond its borders in its efforts to export its liberalization model and Europeanise its energy corridors in pursuit of European security of energy supply. DISCUSSION AND CONCLUSIONS. The article reveals a fascinating dimension to the Union’s role as a global actor by analysing the Union’s normative agenda which it pursues through the export of its acquis and rule-based market approach which it imposes on third countries and its strategic energy partner, Russia. In undertaking this analysis, the article shows that the EU’s efforts to reform Russia’s energy markets through its liberalization movement and European model, suggest an external dimension to its internal market rules given the implications for Russia and Gazprom.
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spelling doaj.art-0c3b59073c58465b999018a383509f172024-02-29T08:19:19ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932019-02-0104648110.24833/0869-0049-2018-4-64-81268THE EXTERNAL DIMENSION OF THE EU’S INTERNAL MARKET: EXPORTING THE ENERGY ACQUIS AND ITS IMPLICATIONS FOR GAZPROMN. A. Georgiou0University of Reading, ReadingINTRODUCTION. The article examines the extent to which the Union’s internal market can be said to have been externalised, given the extraterritorial implications of the Union’s internal energy market rules and regulations. In this respect, the article investigates the exercise and control of EU regulatory power beyond EU borders by examining the crossborder reach of the Union’s regulatory power beyond its boundaries given its implications for Gazprom and Russia’s interests on the European market. MATERIALS AND METHODS. The article pursues a doctrinal approach to the research methodology which includes the internal dimension of the Union’s energy policy and the extent to which the Union’s internal market regulation has been externalised and imposed on its external energy relations with Russia – this includes a detailed analysis of: (i) the Third Energy Package (TEP)’s ownership unbundling rules; (ii) the Third Country Clause; and (iii) the Union’s Competition law (given the recent decision of the EU Competition investigation of Gazprom’s sales in Central and Eastern Europe). RESEARCH RESULTS. A fundamental aspect of the EU’s rule-based market approach, is the perception that a fully liberalised and competitive EU market can facilitate energy security by way of enhancing diversification of suppliers. As such, the TEPs’ ownership unbundling; the Third Country Clause; and the EU’s Competition law have become significant mechanisms in the Union’s toolbox of instruments to further its rule- based approach and market-based agenda for the purpose of ensuring European energy security. The article illustrates the Union’s sectoral application of the acquis beyond its borders in its efforts to export its liberalization model and Europeanise its energy corridors in pursuit of European security of energy supply. DISCUSSION AND CONCLUSIONS. The article reveals a fascinating dimension to the Union’s role as a global actor by analysing the Union’s normative agenda which it pursues through the export of its acquis and rule-based market approach which it imposes on third countries and its strategic energy partner, Russia. In undertaking this analysis, the article shows that the EU’s efforts to reform Russia’s energy markets through its liberalization movement and European model, suggest an external dimension to its internal market rules given the implications for Russia and Gazprom.https://www.mjil.ru/jour/article/view/287eu-russia energy relationsgazpromeu energy policyinternal marketenergy acquisenergy regulationgas market liberalisationtepоwnership unbundlingthird country clausethird party access ruleseu competition law
spellingShingle N. A. Georgiou
THE EXTERNAL DIMENSION OF THE EU’S INTERNAL MARKET: EXPORTING THE ENERGY ACQUIS AND ITS IMPLICATIONS FOR GAZPROM
Московский журнал международного права
eu-russia energy relations
gazprom
eu energy policy
internal market
energy acquis
energy regulation
gas market liberalisation
tep
оwnership unbundling
third country clause
third party access rules
eu competition law
title THE EXTERNAL DIMENSION OF THE EU’S INTERNAL MARKET: EXPORTING THE ENERGY ACQUIS AND ITS IMPLICATIONS FOR GAZPROM
title_full THE EXTERNAL DIMENSION OF THE EU’S INTERNAL MARKET: EXPORTING THE ENERGY ACQUIS AND ITS IMPLICATIONS FOR GAZPROM
title_fullStr THE EXTERNAL DIMENSION OF THE EU’S INTERNAL MARKET: EXPORTING THE ENERGY ACQUIS AND ITS IMPLICATIONS FOR GAZPROM
title_full_unstemmed THE EXTERNAL DIMENSION OF THE EU’S INTERNAL MARKET: EXPORTING THE ENERGY ACQUIS AND ITS IMPLICATIONS FOR GAZPROM
title_short THE EXTERNAL DIMENSION OF THE EU’S INTERNAL MARKET: EXPORTING THE ENERGY ACQUIS AND ITS IMPLICATIONS FOR GAZPROM
title_sort external dimension of the eu s internal market exporting the energy acquis and its implications for gazprom
topic eu-russia energy relations
gazprom
eu energy policy
internal market
energy acquis
energy regulation
gas market liberalisation
tep
оwnership unbundling
third country clause
third party access rules
eu competition law
url https://www.mjil.ru/jour/article/view/287
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