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The Energy Community of South East Europe

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European Yearbook of International Economic Law 2012

Part of the book series: European Yearbook of International Economic Law ((EUROYEAR,volume 3))

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Abstract

The Energy Community of South-East Europe, established in order to extend the European Union’s internal energy market to South East Europe, is a roughly 5-year-old European Community which was – at least in parts – consciously modelled on the European Coal and Steel Community, the basis or forerunner of today’s European Union (EU). This still rather young Energy Community is based on the Energy Community Treaty which was signed in Athens on 25 October 2005 and entered into force on 1 July 2006. The Energy Community Treaty is the first legally binding multilateral treaty between the Western Balkans after the terrible wars and conflicts of the 1990s. It creates a legal framework for an integrated regional energy market between the EU and several countries of South East Europe – the largest internal market for electricity and gas in the world. The purpose is to create an integrated energy market allowing for cross-border energy trade, to provide energy interconnections also to the Middle East, central Asia and the Caspian region, to enhance the security of energy supply, to attract investment in power generation and networks and to improve the environmental situation in relation with energy supply. Thereby leading to an extraterritorial extension of the acquis communautaire regarding electricity, gas, renewables, environment and competition beyond the EU’s borders, this Treaty is simultaneously a very good example for what is usually called ‘regional-multilateral integration’, ‘neo-functionalism’, ‘regionalisation’, ‘regional cooperation’, ‘system transformation’, ‘europeanisation’, ‘pre-accession or enlargement strategy’, ‘foreign or external energy policy’ and/or ‘external governance’.

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Notes

  1. 1.

    Hereinafter: ‘ECSEE’ or simply ‘Energy Community’.

  2. 2.

    See EC’s Press Release IP/05/1346 of 25th October, 2005. The Treaty establishing the European Coal and Steel Community, which was signed on 18th April, 1951, entered into force on 23rd July, 1952 and expired 50 years later on 23rd July, 2002; with first overviews see van Raalte, The Treaty Constituting the European Coal and Steel Community, ICLQ 1 (1952), pp. 78 et seq.; Vernon, The Schuman Plan – Sovereign Powers of the European Coal and Steel Community, AJIL 47 (1953), pp. 183 et seq.

  3. 3.

    Published in OJ [2006] L 198/18.

  4. 4.

    For more on this, see Bozhilova, Energy security and regional cooperation in South-East Europe, Journal of Balkan and Near Eastern Studies 11 (2009), pp. 293 et seq.; Deitz/Stirton/Wright, South East Europe’s electricity sector: Attractions, obstacles and challenges of Europeanisation, Utilities Policy 17 (2009), pp. 4 et seq.; Emerson, Recalibrating EU Policy towards the Western Balkans, CEPS Policy Brief No. 175/October 2008, p. 1 (7), available at: http://www.ceps.eu; Fischer/Lippert, Mehr Gleise – Energieaußenpolitik und Nachbarschaftspolitik der EU, Osteuropa 2009, pp. 53 et seq.; Hofer, Die Europäische Union als Regelexporteur – Die Europäisierung der Energiepolitik in Bulgarien, Serbien und der Ukraine, 2008, pp. 95 et seq.; Hofer, Neo-functionalism reloaded – The Energy Community of Southeast Europe, Paper for the 9th Annual Kokkalis Graduate Student Workshop Harvard University, pp. 1 et seq., available at: http://www.hks.harvard.edu/kokkalis/ GSW9/Hofer_paper.pdf; Lavenex, EU external governance in ‘wider Europe’, JEPP 2004, pp. 680 et seq.; Monastiriotis, Quo Vadis Southeast Europa? – EU Accession, Regional Cooperation and the Need for a Balkan Development Strategy, Hellenic Observatory Papers on Greece and Southeast Europe No 10/January 2008, pp. 1 et seq.; Bauer/Pitschel, Regionalisierung und Dezentralisierung in Mittel- und Südosteuropa 1997–2007, PVS 2009, pp. 130 et seq.; Renner, The Energy Community of Southeast Europe: A neo-functionalist project of regional integration, European Integration online Papers 13 (2009), pp. 1 et seq.; Sergi/Qerimi, The process of EU enlargement towards south-eastern Europe: current challenges and perspectives, South-East Europe Review (2007) 2, pp. 57 et seq.; Solioz/Stubbs, Emergent regional co-operation in South East Europe: towards ‘open regionalism’?, Southeast European and Black Sea Studies 9 (2009), pp. 1 et seq.; Youngs, Europe’s External Energy Policy: Between Geopolitics and the Market, Centre for European Policy Studies (CEPS) Working Document No 278/November 2007, pp. 1 et seq., available at: http://www.ceps.be.

  5. 5.

    Title I (principles): Articles 1–8; Title II (extension of the acquis communautaire): Articles 9–25; Title III (mechanism for operation of network energy markets): Articles 26–39; Title IV (creation of a single energy market): Articles 40–46; Title V (institutions of the Energy Community): Articles 47–75; Title VI (decision-making process): Articles 76–88; Title VII (implementation of decisions and dispute settlement): Articles 89–93; Title VIII (interpretation): Article 94; Title IX (participants and observers): Articles 95 and 96; Title X (duration): Articles 97–99; Title XI (revision and accession): Article 100; Title XII (final and transitional provisions): Articles 101–105.

  6. 6.

    Annex I regarding the timetable for the implementation of the EC Directives No. 2003/54 and 2003/55 and the Regulation (EC) No. 1228/2003 of 26 June 2003); Annex II regarding the timetable for the implementation of the acquis on environment; Annex III regarding Articles 81, 82 and 87 of the EC Treaty (since the Treaty of Lisbon, which entered into force on 1st December, 2009, Articles 101, 102 and 107 of the Treaty on the Functioning of the European Union; consolidated version of this Treaty in: OJ [2010] C 83/47); Annex IV regarding contributions to the budget).

  7. 7.

    See Anastasakis, The EU’s political conditionality in the Western Balkans: towards a more pragmatic approach, Southeast European and Black Sea Studies 8 (2008), pp. 365 et seq.; Becker, The European Union and the western Balkans, South-East Europe Review (2008) 1, pp. 7 et seq.; Renner, The Energy Community of Southeast Europe: A neo-functionalist project of regional integration, European Integration online Papers 13 (2009), pp. 1 et seq. (4 et seq.); Wittkowsky, Der Stabilitätspakt für Südosteuropa und die „führende Rolle“ der Europäischen Union, Aus Politik und Zeitgeschichte 29–30 (2000), pp. 3 et seq.

  8. 8.

    For more on this and on the ‘Regional Approach’, see Bechev, Carrot, sticks and norms: the EU and regional cooperation in Southeast Europe, Journal of Southern Europe and the Balkans 8 (2006), pp. 27 et seq. (31 et seq.); Elbasani, EU enlargement in the Western Balkans: strategies of borrowing and inventing, Journal of Southern Europe and the Balkans 10 (2008), pp. 293 et seq. (295 et seq.); Sadakata, The Balkans between the EU and NATO: focusing on the Former Yugoslavia, Romanian Journal of European Affairs 6 (2006), pp. 38 et seq. (40); Türkes/Gökgöz, The European Union’s Strategy towards the Western Balkans: Exclusion or Integration, East European Politics and Societies 20 (2006), pp. 659 et seq. (674 et seq.); Tzifakis, EU’s region-building and boundary-drawing policies: the European approach to the Southern Mediterranean and the Western Balkans, Journal of Southern Europe and the Balkans 9 (2007), pp. 47 et seq. (57 et seq.).

  9. 9.

    This initiative was launched during a meeting of the Ministers of Foreign Affairs of South-East European countries, which decided to start a long-term process of multilateral cooperation among participating states in several fields (strengthening stability, security and good-neighbourly relations; economic development; humanitarian, social and cultural issues; justice, combat against organized crime, drug and arms trafficking, and terrorism).

  10. 10.

    For more on the EU‘s first initiatives in this context, see Friis/Murphy, ‘Turbo-charged negotiations’: the EU and the Stability Pact for South Eastern Europe, Journal of European Public Policy 2000, pp. 767 et seq.; Türkes/Gökgöz, The European Union’s Strategy towards the Western Balkans: Exclusion or Integration, East European Politics and Societies 20 (2006), pp. 659 et seq. (674 et seq.); Wittkowsky, South-eastern Europe and the European Union – promoting stability through integration?, South-East Europe Review for Labour and Social Affairs 2000 (1), pp. 79 et seq. (81).

  11. 11.

    The participation of Russia within the Stability Pact for South Eastern Europe did at the end not lead to its membership within the Energy Community, although Russia is – inter alia with regard to energy issues – very important for the EU as well as for the Western Balkans. For more on the important energy relations between the EU and Russia, see Hadfield, EU-Russia Energy Relations: Aggregation and Aggravation, Journal of Contemporary European Studies 16 (2008), pp. 231 et seq.

  12. 12.

    Later, the Regional Table, the central consultative body of the Stability Pact for South Eastern Europe, agreed to transform this Pact into an organizational form called Regional Cooperation Council (RCC) giving greater scope for regional ownership; for more on this see Anastasakis, The EU’s political conditionality in the Western Balkans: towards a more pragmatic approach, Southeast European and Black Sea Studies 8 (2008), p. 365 (369); Andreev, Sub-regional cooperation and the expanding EU: the Balkans and the Black Sea Area in a comparative perspective, Journal of Balkan and Near Eastern Studies 11 (2009), pp. 83 et seq. (102 et seq.); Solioz, Rethinking south-eastern Europe through a pan-European perspective, South-East Europe Review (2007) 2, pp. 67 et seq. (78); Solioz/Stubbs, Emergent regional co-operation in South East Europe: towards ‘open regionalism’?, Southeast European and Black Sea Studies 9 (2009), pp. 1 et seq. (8).

  13. 13.

    On various co-operative efforts undertaken by South Eastern European governments after the end of the ‘Cold War’ see Segell, New Hopes for South Eastern Europe, Journal of European Area Studies 10 (2002), pp. 229 et seq.

  14. 14.

    On the different objectives, activities, principles, difficulties and significance of this Stability Pact see Altmann, Schemes of Regional Co-operation in Southeast Europe, Southeast European and Black Sea Studies 3 (2003), pp. 126 et seq. (141 et seq.); Axt, Der Stabilitätspakt für Südosteuropa: politischer Aktionismus oder langfristig tragfähiges Konzept?. Südosteuropa 48 (1999), pp. 401 et seq.; Bartlett/Samardžija, The Reconstruction of South East Europe, the Stability Pact and the Role of the EU: an Overview, MOCT-Most 2000, pp. 245 et seq.; Bechev, Carrot, sticks and norms: the EU and regional cooperation in Southeast Europe, Journal of Southern Europe and the Balkans 8 (2006), pp. 27 et seq. (34 et seq.); Biermann, Stabilitätspakt und EU-Balkanpolitik: Von der Stabilisierung zur Integration?, integration 2002, pp. 210 et seq.; Busek, Zukunft des Stabilitätspakts – Das Engagement der Europäer in Südosteuropa, Internationale Politik 57 (2002), pp. 25 et seq.; Cremona, Creating the New Europe: the Stability Pact for South Eastern Europe, The Cambridge Yearbook of European Legal Studies 2 (1999), pp. 463 et seq.; Elbasani, EU enlargement in the Western Balkans: strategies of borrowing and inventing, Journal of Southern Europe and the Balkans 10 (2008), pp. 293 et seq. (297 et seq.); Emerson, On the Forming and Reforming of Stability Pacts: from the Balkans to the Caucasus, CEPS Policy Brief No. 4/May 2001, pp. 1 et seq., available at: http://www.ceps.eu.

  15. 15.

    See in particular the Commission Communication of 26th May, 1999, COM(1999) 235 final; for more on the SAP and its narrow relation to the Stability Pact for South Eastern Europe see Bartlett/Samardžija, The Reconstruction of South East Europe, the Stability Pact and the Role of the EU: an Overview, MOCT-Most 2000, pp. 245 et seq.; Bechev, Carrot, sticks and norms: the EU and regional cooperation in Southeast Europe, Journal of Southern Europe and the Balkans 8 (2006), pp. 27 et seq. (37 et seq.); Bretherton/Vogler, The European Union as a Global Actor, (2nd ed.) 2006, pp. 144 et seq.; Busek, South Eastern Europe: On the Way to Political and Economic Integration within the EU, The Analyst – Central and Eastern European Review 4 (2007), pp. 5 et seq.; Calic, EU Enlargement and Common Foreign and Security Policy in the Western Balkans, Südosteuropa Mitteilungen 2007, pp. 12 et seq.; Cameron/Kintis, Southeastern Europe and the European Union, Southeast European and Black Sea Studies 1 (2001), pp. 94 et seq. (99 et seq.); Chandler, The EU’s promotion of democracy in the Balkans, in: Laïdi (ed.), EU Foreign Policy in a Globalized World – Normative power and social preferences, 2008, pp. 68 et seq.; Elbasani, EU enlargement in the Western Balkans: strategies of borrowing and inventing, Journal of Southern Europe and the Balkans 10 (2008), pp. 293 et seq. (297 et seq.); Friis/Murphy, ‘Turbo-charged negotiations’: the EU and the Stability Pact for South Eastern Europe, Journal of European Public Policy 2000, pp. 767 et seq.; Hoffmeister, Die Beziehungen der Europäischen Union zu den Staaten des Westbalkans, in: Kadelbach (ed.), Die Außenbeziehungen der Europäischen Union, 2006, pp. 125 et seq.; Kotios, Southeastern Europe and the Euro Area – The Euroization Debate, Eastern European Economics 40 (2002), pp. 24 et seq.; Renner, The Energy Community of Southeast Europe: A neo-functionalist project of regional integration, European Integration online Papers 13 (2009), pp. 1 et seq. (5); Sadakata, The Balkans between the EU and NATO: focusing on the Former Yugoslavia, Romanian Journal of European Affairs 6 (2006), pp. 38 et seq. (40 et seq.); Stewart, EU Democracy Promotion in the Western Balkans, in: Jünemann/Knodt (eds.), European External Democracy Promotion, 2007, pp. 231 et seq.; Theofanis, The European Union, the Enlargement and the South-Eastern Europe, Romanian Journal of European Affairs 5 (2005), pp. 51 et seq.; Türkes/Gökgöz, The European Union’s Strategy towards the Western Balkans: Exclusion or Integration, East European Politics and Societies 20 (2006), pp. 659 et seq. (677 et seq.).

  16. 16.

    See Regulation (EC) No. 2667/2000, OJ [2000] L 306/7.

  17. 17.

    See Council Decision 2008/119/EC of 12th February, 2008, OJ [2008] L 42/51; as well as Council Decision 2008/212/EC of 18th February, 2008, OJ [2008] L 80/32.

  18. 18.

    See Council Decision 2008/210/EC of 18th February, 2008, OJ [2008] L 80/1; Council Decision 2008/211/EC of 18th February, 2008, OJ [2008] L 80/18; Council Decision 2008/213/EC of 18th February, 2008, OJ [2008] L 80/46; and Council Decision 2007/49/EC of 22nd January, 2007, OJ [2007] L 20/16.

  19. 19.

    OJ [2004] L 86/1; amended by Regulation (EC) No. 269/2006, OJ [2006] L 47/1.

  20. 20.

    See, for example, the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Montenegro, of the other part, OJ [2007] L 345/2 and the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part, OJ [2008] L 233/6.

  21. 21.

    See, for example, the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, OJ [2004] L 84/13, the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, OJ [2005] L 26/3, and the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, OJ [2009] L 107/166.

  22. 22.

    The ‘fields’ regularly covered by the Stabilisation and Association Agreements (beyond ‘political dialogue’, ‘regional cooperation’ and some ‘institutional, general and final provisions’) are: free movement of goods, movement of workers, establishment, supply of services, current payments and movement of capital, investment promotion and protection; approximation of laws and law enforcement, competition, justice and home affairs and financial cooperation; for more on this, with further references, see Emerson, Recalibrating EU Policy towards the Western Balkans, CEPS Policy Brief No. 175/October 2008, pp. 1 et seq. (2 et seq.), available at: http://www.ceps.eu; Nowak, Legal Arrangements for the Promotion and Protection of Foreign Investments Within the Framework of the EU Association Policy and European Neighbourhood Policy, in: Bungenberg/Griebel/Hindelang (eds.), International Investment Law and EU Law, 2011, pp. 105 et seq. (112 et seq.).

  23. 23.

    For more on this, see Altmann, Südosteuropa und die Sicherung der Energieversorgung der EU, SWP-Studie 1/2007, pp. 1 et seq. (13). For an interesting overview regarding the development of the generation of electricity in several South East European countries during 1995–2004 see Hooper/Medvedev, Electrifying integration: Electricity production and the South East Europe regional energy market, Utilities Policy 17 (2009), pp. 24 et seq.

  24. 24.

    Memorandum of Understanding on the Regional Electricity Market in South East Europe and its Integration into the European Union Internal Electricity Market, “Athens Memorandum – 2002”, available at: http://www.seerecon.org/infrastructure/sectors/energy/documents/mou-rem-see.pdf.

  25. 25.

    Austria, Hungary, Italy, Moldova and Slovenia.

  26. 26.

    Memorandum of Understanding on the Regional Electricity Market in South East Europe and its Integration into the European Community Internal Electricity Market, “Athens Memorandum – 2003”, signed by Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Romania, Turkey, the State Union of Serbia and Montenegro, Former Yugoslav Republic of Macedonia, The United Nations Interim Administration Mission in Kosovo (UNMIK) pursuant to UN Security Council Resolution 1244, the European Community, the Special Coordinator of the Stability Pact, some political participants to the process (Greece, Italy and Austria) and some observers (Hungary, Moldova and Slovenia).

  27. 27.

    At the EU Thessaloniki summit on 21st June, 2003, the EU made the promise or proclamation that South-East European countries could join the Union provided they bring themselves up to EU standards; for more on this and on recent developments regarding the different accession perspectives of the Western Balkan countries see Balázs, Issues of European Integration for the Western Balkans, The Analyst – Central and Eastern European Review (2007) 4, pp. 13 et seq., available at: http://www.ceeol.com; Belloni, European integration and the Western Balkans: lessons, prospects and obstacles, Journal of Balkan and Near Eastern Studies 11 (2009), pp. 313 et seq.; Busek, South Eastern Europe: On the Way to Political and Economic Integration within the EU, The Analyst – Central and Eastern European Review (2007) 4, pp. 5 et seq., available at: http://www.ceeol.com; Djurović/Radović, Lobbying for a faster integration track for the western Balkans region, SEER Journal for Labour and Social Affairs in Eastern Europe 2010, pp. 217 et seq.; Phinnemore, Beyond 25 – the changing face of EU enlargement: commitment, conditionality and the Constitutional Treaty, Journal of Southern Europe and the Balkans 8 (2006), pp. 7 et seq. (12 et seq.); Pridham, Securing fragile democracies in the Balkans: the European dimension, Romanian Journal of European Affairs 8 (2008), pp. 56 et seq. (63 et seq.); Timmins/Jović, Introduction: The Next Wave of Enlargement: The European Union and Southeast Europe after 2004, Journal of Southern Europe and the Balkans 8 (2006), pp. 1 et seq.; Türkes/Gökgöz, The European Union’s Strategy towards the Western Balkans: Exclusion or Integration, East European Politics and Societies 20 (2006), pp. 659 et seq. (681 et seq.).

  28. 28.

    For more on this, see Renner, The Energy Community of Southeast Europe: A neo-functionalist project of regional integration, European Integration online Papers 13 (2009), pp. 1 et seq. (9 et seq.); Röhm-Malcotti, Natural Gas on the Balkan. The role of an integrated market for energy for the economic and political stability of the countries of South East Europe with particular view to natural gas and the Energy Community of South East Europe (ECSEE) initiative, Centre Européen de Recherche Internationale et Stratégique (CERIS), Research Papers No. 3, 2005, pp. 1 et seq. (34 et seq.).

  29. 29.

    With first annotations from that time, see for example Röhm-Malcotti, Natural Gas on the Balkan. The role of an integrated market for energy for the economic and political stability of the countries of South East Europe with particular view to natural gas and the Energy Community of South East Europe (ECSEE) initiative, Centre Européen de Recherche Internationale et Stratégique (CERIS), Research Papers No. 3, 2005, pp. 28 et seq.; Walendy, Stabilität durchs Netz? – Die Energiegemeinschaft Südosteuropa, Osteuropa 2004, pp. 263 et seq.

  30. 30.

    See EC’s Press Release IP/04/1473 of 14th December, 2004.

  31. 31.

    Turkey participated in the Athens process but in the end did not sign this Treaty.

  32. 32.

    The EU, Albania, Bulgaria, Croatia, the former Yugoslav Republic of Macedonia, Romania and UNMIK on behalf of Kosovo had brought the ratification process to a conclusion by July 2006; the three remaining Contracting Parties (Bosnia and Herzegovina, Montenegro and Serbia) ratified the Treaty in December 2006.

  33. 33.

    See Council Decision 2006/500/EC of 29th May, 2006, OJ [2006] L 198/15.

  34. 34.

    OJ [2006] L 198/18.

  35. 35.

    For more on this important institution, see section pp. 433 et seq.) below.

  36. 36.

    For more on this powerful institution, see pp. 429 et seq.) below.

  37. 37.

    See Article 97 of the Energy Community Treaty with the further clarification that, if no such decision is taken, this Treaty may continue to apply between those Parties who voted in favour of extension, provided that their number amounts to at least two thirds of the Parties to the Energy Community.

  38. 38.

    See, for example, Articles 1, 6, 8, 14, 29 and 41 of this Treaty.

  39. 39.

    See, for example, Articles 10, 12, 18, 20 and 22 of this Treaty.

  40. 40.

    See, for example, Articles 9, 26, 36 and 40 of this Treaty.

  41. 41.

    Treaty of Lisbon amending the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC), signed at Lisbon on 13th December, 2007, OJ [2007] C 306/1; for more on this Treaty, which entered into force on 1st December, 2009, see with further references Nowak, Europarecht nach Lissabon, 2011, pp. 51 et seq.

  42. 42.

    For this consolidated version of the TEU see OJ [2010] C 83/13.

  43. 43.

    For the concrete meaning of the term Participant in this context, see p. 415 below.

  44. 44.

    Following a decision taken by the Ministerial Council of the Energy Community, on 15th July, 2008, the Council of the EU mandated the European Commission to carry out accession negotiations not only with Ukraine and Moldova, but also with Turkey, see EC’s Press Release IP/08/1783 of 26th November, 2008. The European Commission opened negotiations with Turkey upon accession to the Energy Community on 9th September, 2009, see EC’s Press Release IP/09/1299 of 10th September, 2009. For more on Turkey‘s great importance inter alia regarding energy supply to the EU, see Bozhilova, Energy security and regional cooperation in South-East Europe, Journal of Balkan and Near Eastern Studies 11 (2009), pp. 293 et seq. (309); Carper/Staddon, Alternating currents: EU expansion, Bulgarian capitulation and disruptions in the electricity sector of South-east Europe, Journal of Balkan and Near Eastern Studies 11 (2009), pp. 179 et seq. (189 et seq.); Roberts, The Turkish Gate – Energy Transit and Security Issues, Centre for European Policy Studies (CEPS), EU-Turkey Working Papers No. 10/October 2004, pp. 1 et seq., available at: http://www.ceps.be; Altmann, Vertrag mit einer wichtigen Transitregion: Energiegemeinschaft EU-Südosteuropa, Jahrbuch Internationale Politik 2008, pp. 322 et seq. (326).

  45. 45.

    Norway and Ukraine, together with Moldova and Turkey, joined the Energy Community as Observers on 17th November, 2006, see EC’s Press Release IP/06/2006 of 17th November, 2006. Upon reasoned request by Georgia, the Ministerial Council decided in accordance with the relevant provisions of the Energy Community Treaty to accept Georgia as an Observer to the Energy Community in December 2007.

  46. 46.

    See Art. 96(2) of the Energy Community Treaty; for more on the above mentioned institutions of the Energy Community, see pp. 429 et seq. below.

  47. 47.

    See Art. 99 of the Energy Community Treaty.

  48. 48.

    See Art. 95 of the Energy Community Treaty.

  49. 49.

    For more on these Fora, see pp. 432 et seq. below.

  50. 50.

    According to the second paragraph of this provision, ‘Network Energy’ shall include the electricity and gas sectors within the scope of the two following EC Directives: Directive 2003/54/EC, OJ [2003] L 176/37; Directive 2003/55/EC, OJ [2003] L 176/57; for relevant replacements see section D.I.1) below. Furthermore, see Art. 1(2) of the Decision No. 2008/03/MC-EnC of the Ministerial Council of the Energy Community concerning the implementation to the oil sector provisions of the Treaty and the creation of an Energy Community Oil Forum, available at: http://www.energy-community.org., according to which Network Energy as mentioned in Art. 2(2) of the Energy Community Treaty shall be understood as to include the oil sector, i.e. supply, trade, processing and transmission of crude oil and petroleum products falling within the scope of European Community Directive 2006/67/EC and the related pipe-lines, refineries and import/export facilities.

  51. 51.

    See Art. 4 of the Energy Community Treaty.

  52. 52.

    For more on this, see also Deitz/Stirton/Wright, South East Europe’s electricity sector: Attractions, obstacles and challenges of Europeanisation, Utilities Policy 17 (2009), pp. 4 et seq. (8 et seq.); Mihajlov, A Treaty for a Southeast European Energy Community, in: Stec/Baraj (eds.), Energy and environmental challenges to security, 2009, pp. 73 et seq. (75 et seq.).

  53. 53.

    See Art. 9 of the Energy Community Treaty according to which the provisions of and the measures taken under this Title – that is Title II (Art. 9–25) – shall apply only to the territories of the Adhering Parties, and to the territory under the jurisdiction of the UN Interim Administration in Kosovo. For the concrete meaning of the terms ‘Adhering Parties’ and ‘Contracting Parties’ see pp. 413 et seq. above.

  54. 54.

    OJ [2003] L 176/37.

  55. 55.

    OJ [2003] L 176/57.

  56. 56.

    OJ [2003] L 176/1.

  57. 57.

    For more details on the three aformentioned legal acts, adopted for the benefit of progressing liberalisiation of the EU's internal energy market, see Adetoro, Liberalisation of the Energy Sector – Is It Reserved for Countries with Overcapacity?, European Energy and Environmental Law Review 2009, pp. 185 et seq.; Eising, Policy Learning in Embedded Negotiations: Explaining EU Electricity Liberalization, International Organization 56 (2002), pp. 85 et seq.; Lecheler/Gundel, Ein weiterer Schritt zur Vollendung des Energie-Binnenmarktes: Die Beschleunigungs-Rechtsakte für den Binnenmarkt für Strom und Gas, Europäische Zeitschrift für Wirtschaftsrecht 2003, pp. 621 et seq.; Szydlo, Regulatory Exemptions for New Gas Infrastructure – A Key Challenge for European Energy Policy, European Energy and Environmental Law Review 2009, pp. 254 et seq.

  58. 58.

    See No. 2 of Annex I according to which each Contracting Party must ensure that the eligible customers within the meaning of the Directives 2003/54/EC and 2003/55/EC are, from 1st January, 2008, all non-household costumers, and from 1st January, 2015, all costumers.

  59. 59.

    See International Energy Agency, Energy in the Western Balkans – The Path to Reform and Reconstruction, 2008, pp. 119 et seq.; and ABS Energy Research, Electricity Deregulation Report Global 2006, 2006, pp. 108 et seq., available at: http://www.absenergyresearch.com; as well as Diaconu/Oprescu/Pittman, Electricity reform in Romania, Utilities Policy 17 (2009), pp. 114 et seq.; Ganev, Bulgarian electricity market restructuring, Utilities Policy 17 (2009), pp. 65 et seq.; Heidenhain/Pravda, Das Energierecht in der EU und in der Tschechischen Republik, Wirtschaft und Recht in Osteuropa 2004, pp. 321 et seq.; Hofer, Die Europäische Union als Regelexporteur – Die Europäisierung der Energiepolitik in Bulgarien, Serbien und der Ukraine, 2008, pp. 67 et seq.; Jednak/Kragulj/Bulajic/Pittman, Electricity reform in Serbia, Utilities Policy 17 (2009), pp. 125 et seq.; Scholl, Electricity reform in Bosnia and Herzegovina, Utilities Policy 17 (2009), pp. 49 et seq.; Silva/Klytchnikova/Radevic, Poverty and environmental impacts of electricity price reforms in Montenegro, Utilities Policy 17 (2009), pp. 102 et seq.; Pollitt, Evaluating the evidence on electricity reform: Lessons for the South East Europe (SEE) market, Utilities Policy 17 (2009), pp. 13 et seq.; Taleski, Electricity reform in the Republic of Macedonia, Utilities Policy 17 (2009), pp. 88 et seq.; Tiede/Schirmer, Das moldawische Energierecht unter dem aktuellen Einfluss des Europarechts, Wirtschaft und Recht in Osteuropa 2008, pp. 358 et seq.; Vailati, Electricity transmission in the energy community of South East Europe, Utilities Policy 17 (2009), pp. 34 et seq.

  60. 60.

    See Bagdadioglu/Odyakmaz, Turkish electricity reform, Utilities Policy 17 (2009), pp. 144 et seq.; Işik, Turkey’s Energy Prospects in the EU-Turkey Context, Centre for European Policy Studies (CEPS), EU-Turkey Working Papers No. 9/October 2004, pp. 1 et seq., available at the CEPS website, http://www.ceps.be; Toksoz, Turkey’s energy market – issues in reform, Journal of Southern Europe and the Balkans 4 (2002), pp. 47 et seq.

  61. 61.

    Regulation (EC) No. 1775/2005, OJ [2005] L 289/1.

  62. 62.

    Directive 2005/89/EC, OJ [2006] L 33/22.

  63. 63.

    Directive 2004/67/EC, OJ [2004] L 127/92.

  64. 64.

    See EC’s Press Release IP/08/1051 of 27th June, 2008. The Ministerial Council already decided in December 2007 to extend the acquis on energy to Directive 2005/89/EC and agreed to implement these two Directives prior to 31st December, 2009.

  65. 65.

    Available at: http://www.energy-community.org.

  66. 66.

    Directive 2006/67/EC, OJ [2006] L 217/8.

  67. 67.

    For a good overview, see for example Gundel/Germelmann, Kein Schlussstein für die Liberalisierung der Energiemärkte: Das Dritte Binnenmarktpaket, Europäische Zeitschrift für Wirtschaftsrecht 2009, pp. 763 et seq.; Kühling/Pisal, Das Dritte Energiebinnenmarktpaket – Herausforderungen für den deutschen Gesetzgeber, Recht der Energiewirtschaft 2010, pp. 161 et seq.; Ludwigs, Die Energierechtsgesetzgebung der EU zwischen Binnenmarkt und Klimaschutz, Zeitschrift für Gesetzgebung 2010, pp. 213 et seq. (222); Petersen, Restructuring the Electricity Sector in the EU and in Russia, European Energy and Environmental Law Review 2009, pp. 171 et seq.; Zimmermann/Talus, Regulation of Electricity Markets at the EU Level, European Energy and Environmental Law Review 2008, pp. 12 et seq.

  68. 68.

    Directive 2009/72/EC, OJ [2009] L 211/55.

  69. 69.

    Directive 2009/73/EC, OJ [2009] L 211/94.

  70. 70.

    Regulation (EC) No. 714/2009, OJ [2009] L 211/15.

  71. 71.

    Regulation (EC) No. 715/2009, OJ [2009] L 211/36.

  72. 72.

    Regulation (EC) No. 713/2009, OJ [2009] L 211/1.

  73. 73.

    See Recommendation No. 2010/02/MC-EnC of the Ministerial Council of the Energy Community on the implementation of amendments to the acquis communautaire on energy, available at: http://www.energy-community.org, according to which each Contracting Party should implement the acquis on energy defined in Art. 11 of the Energy Community Treaty as amended and replaced by the following pieces of EU law: Directive 2009/72/EC, OJ [2009] L 211/55, Directive 2009/73/EC, OJ [2009] L 211/94, Regulation (EC) No. 714/2009, OJ [2009] L 211/15 and Regulation (EC) No. 715/2009, OJ [2009] L 211/36.

  74. 74.

    Directive 2006/32/EC, OJ [2006] L 114/64.

  75. 75.

    Directive 2010/31/EU, OJ [2010] L 153/13.

  76. 76.

    Directive 2010/30/EU, OJ [2010] L 153/1.

  77. 77.

    See Art. 2(1)(d) of the Energy Community Treaty; on environmental problems in the Western Balkans see Moomaw, Environmental Sustainability and Collaboration in South Eastern Europe, Southeast European and Black Sea Studies 6 (2006), pp. 307 et seq.

  78. 78.

    OJ [1985] L 175/40.

  79. 79.

    Directive 97/11/EC, OJ [1997] L 73/5.

  80. 80.

    Directive 2003/35/EC, OJ [2003] L 156/17.

  81. 81.

    See No. 1 of annex II.

  82. 82.

    OJ [1999] L 121/13.

  83. 83.

    See No. 2 of annex II.

  84. 84.

    OJ [2001] L 309/1.

  85. 85.

    See No. 3 of annex II.

  86. 86.

    OJ [1979] L 103/1.

  87. 87.

    See No. 4 of annex II.

  88. 88.

    OJ [1996] L 257/26.

  89. 89.

    That is chapter III (Art. 12–17) of the Energy Community Treaty regarding the acquis on environment.

  90. 90.

    According to this provision ‘Network Energy’ shall include the electricity and gas sectors falling within the scope of the EC Directives 2003/54/EC, OJ [2003] L 176/37, and 2003/55/EC, OJ [2003] L 176/57; for relevant replacements see section D.I.1) above; for a relevant extension see Art. 1(2) of the Decision No. 2008/03/MC-EnC of the Ministerial Council of the Energy Community concerning the implementation to the oil sector provisions of the Treaty and the creation of an Energy Community Oil Forum, available at: http://www.energy-community.org, according to which Network Energy as mentioned in Art. 2(2) of the Energy Community Treaty shall be understood as to include the oil sector, i.e. supply, trade, processing and transmission of crude oil and petroleum products falling within the scope of European Community Directive 2006/67/EC and the related pipe-lines, refineries and import/export facilities.

  91. 91.

    For the consolidated version of the TFEU see OJ [2010] C 83/47.

  92. 92.

    Treaty of Lisbon amending the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC), signed at Lisbon on 13th December, 2007, OJ [2007] C 306/1; for more on this Treaty, which entered into force on 1st December, 2009, see with further references Nowak, Europarecht nach Lissabon, 2011, pp. 51 et seq.

  93. 93.

    OJ [2001] L 283/33.

  94. 94.

    OJ [2003] L 123/42.

  95. 95.

    For more on this institution, see pp. 429 et seq. below.

  96. 96.

    For recent and actual developments in EU law concerning renewable energy, see Directive 2009/28/EC, OJ [2009] L 140/16; as well as Behrens, The Role of Renewables in the Interaction between Climate Change Policy and Energy Security in Europe, Journal of Renewable Energy Law and Policy 2010, pp. 5 et seq.; Frenz/Kane, Die neue europäische Energiepolitik, Natur und Recht 2010, pp. 464 et seq. (472 et seq.); Kahl, Alte und neue Kompetenzprobleme im EG-Umweltrecht – Die geplante Richtlinie zur Förderung erneuerbarer Energien, Neue Zeitschrift für Verwaltungsrecht 2009, pp. 265 et seq.; Lowe, Regulating Renewable Energy in the European Union, Journal of Renewable Energy Law and Policy 2010, pp. 17 et seq.

  97. 97.

    Now the EU, due to the entry into force of the Treaty of Lisbon amending the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC), signed at Lisbon on 13th December, 2007, OJ [2007] C 306/1.

  98. 98.

    For more on this institution, see pp. 433 et seq. below.

  99. 99.

    For more on this institution, see pp. 429 et seq. below.

  100. 100.

    See Art. 21 of the Energy Community Treaty.

  101. 101.

    See Art. 22 of the Energy Community Treaty.

  102. 102.

    For the geographic scope of Title II, see fn. 53 above.

  103. 103.

    For the concrete meaning of the term ‘Adhering Parties’, see pp. 413 et seq. above.

  104. 104.

    See Art. 26 in conjunction with the first sentence of Art. 27 of the Energy Community Treaty.

  105. 105.

    In this context, see the second sentence of Art. 27 of the Energy Community Treaty which states: ‘Upon accession to the European Union of an Adhering Party, the provisions of and the measures taken under this Title shall, without any further formalities, also apply to the territory of that new Member State.’

  106. 106.

    See Art. 30 of the Energy Community Treaty.

  107. 107.

    See Art. 33 of the Energy Community Treaty.

  108. 108.

    See Art. 34 of the Energy Community Treaty.

  109. 109.

    See Art. 35 of the Energy Community Treaty.

  110. 110.

    See Art. 37 of the Energy Community Treaty which additionally clarifies that such safeguard measures shall not be wider in scope than is strictly necessary to remedy the sudden difficulties which have arisen and that they shall not distort competition or adversely affect trade in a manner which is at variance with the common interest.

  111. 111.

    See Art. 40 of the Energy Community Treaty.

  112. 112.

    According to the first sentence of Art. 94 of the Energy Community Treaty, the institutions (of this Community) shall interpret any term or other concept used in this Treaty that is derived from European Community Law (due to the entry into force of the Lisbon Treaty – now EU law) in conformity with the case law of the European Court of Justice or the Court of First Instance of the European Communities; for the new names of these courts, see Art. 19(1) TEU in its consolidated version of the Treaty of Lisbon, OJ [2010] C 83/13.

  113. 113.

    For the details concerning this institution, see pp. 429 et seq. below.

  114. 114.

    For the details concerning this institution, see p. 431 below.

  115. 115.

    For a brief introduction to the institutional framework of the Energy Community, also see Goudriaan/Spenn, The Energy Treaty institutions – a glaring democratic and social deficit, South-East Europe Review (2006) 2, pp. 87 et seq.; Nowak, Multilaterale und bilaterale Elemente der EU-Assoziations-, Partnerschafts- und Nachbarschaftspolitik, Europarecht 44 (2010), pp. 746 et seq. (767 et seq.); Renner, The Energy Community of Southeast Europe: A neo-functionalist project of regional integration, European Integration online Papers 13 (2009), pp. 1 et seq. (10 et seq.).

  116. 116.

    See, for example, Art. 4, 53 lit. f and 61 of the Energy Community Treaty.

  117. 117.

    For the different forms of such measures see pp. 434 et seq. below.

  118. 118.

    In this context, see in particular Art. 86(1) of the Energy Community Treaty, according to which a Procedural Act shall regulate organizational, budgetary and transparency issues of the Energy Community, including the delegation of power from the Ministerial Council to the Permanent High-Level Group, the Regulatory Board or the Secretariat, and shall have binding force on the institutions of the Energy Community, and, if the Procedural Act so provides, on the Parties; for the meaning of the term ‘Parties’ see pp. 413 et seq. above.

  119. 119.

    See Art. 47 of the Energy Community Treaty.

  120. 120.

    See Art. 96(1) of the Energy Community Treaty.

  121. 121.

    See Art. 100 of the Energy Community Treaty.

  122. 122.

    See Art. 74(1) of the Energy Community Treaty.

  123. 123.

    For more on this, see p. 437 below.

  124. 124.

    See Art. 52 of the Energy Community Treaty; for the meaning of the terms ‘Adhering Parties’ and ‘Participants’, see pp. 413 et seq. above.

  125. 125.

    See Art. 48 of the Energy Community Treaty with the further clarification that one non-voting representative of each Participant may participate in the meetings of this Council.

  126. 126.

    In this context, see Procedural Act No. 2006–01 on Internal Rules of Procedures of Ministerial Council of Energy Community, available at: http://www.energy-community.org.

  127. 127.

    See Art. 51 of the Energy Community Treaty.

  128. 128.

    See Art. 53 lit. a of the Energy Community Treaty.

  129. 129.

    Cf. Goudriaan/Spenn, The Energy Treaty institutions – a glaring democratic and social deficit, South-East Europe Review (2006) 2, pp. 87 et seq. (88).

  130. 130.

    For more on this, see Lewis, Informal Integration and the supranational construction of the Council, Journal of European Public Policy 2003, pp. 996 et seq. (999 et seq.).

  131. 131.

    For more on Title II of the Energy Community Treaty concerning the extension of the acquis communautaire on energy, environment, competition and renewable, see pp. 417 et seq. above.

  132. 132.

    See Art. 53 lit b-f of the Energy Community Treaty.

  133. 133.

    See Art. 54 of the Energy Community Treaty with the further clarification that one non-voting representative of each Participant may participate in its meetings. For more on the Presidency of the Permanent High-Level Group, see Art. 56 and Art. 57 of this Treaty.

  134. 134.

    In this context, see Procedural Act No. 2006/01/PHLG of 17th October, 2006 on the adoption of Internal Rules of Procedures, available at: http://www.energy-community.org.

  135. 135.

    See Art. 58 of the Energy Community Treaty.

  136. 136.

    See Art. 62 of the Energy Community Treaty.

  137. 137.

    See the first sentence of Art. 59 of the Energy Community Treaty; for more on the acquis communautaire on energy, see pp. 418 et seq. above.

  138. 138.

    See the second sentence of Art. 59 of the Energy Community Treaty.

  139. 139.

    See Art. 60 of the Energy Community Treaty in conjunction with Procedural Act No. 2007/01/ECRB on the adoption of Internal Rules of Procedure of the ECRB, available at: http://www.energy-community.org.

  140. 140.

    See Art. 61 of the Energy Community Treaty with the further clarification that the European Commission shall act as Vice-President.

  141. 141.

    See Art. 66 of the Energy Community Treaty. Originally, the Gas Forum’s seat in the pre-version of the Energy Community Treaty was supposed to be in Istanbul, see Goudriaan/Spenn, The Energy Treaty institutions – a glaring democratic and social deficit, South-East Europe Review (2006) 2, pp. 87 et seq. (89). But this changed since Turkey, still being only an Observer, did not sign this Treaty, see pp. 407 et seq. above.

  142. 142.

    See Art. 64 of the Energy Community Treaty.

  143. 143.

    See Art. 65 of the Energy Community Treaty.

  144. 144.

    For more on this, see Goudriaan/Spenn, The Energy Treaty institutions – a glaring democratic and social deficit, South-East Europe Review (2006) 2, pp. 87 et seq. (92).

  145. 145.

    Available at: http://www.energy-community.org.

  146. 146.

    See EC’s Press Release IP/07/1559, 18th October, 2007.

  147. 147.

    For more on this, see Deitz/Stirton/Wright, South East Europe’s electricity sector: Attractions, obstacles and challenges of Europeanisation, Utilities Policy 17 (2009), pp. 4 et seq. (10).

  148. 148.

    For the actual objectives and activities within this social dimension of the Energy Community see pp. 11 et seq. of the Energy Community Work Programme 2010–2011, which has been adopted by the Ministerial Council of the Energy Community on 26th June, 2009 at its meeting in Sarajevo.

  149. 149.

    For activities of the Ministerial Council to further explore the possibility to develop an Energy Community Oil Dimension with two main components (first, the establishment of an Oil Forum which should allow discussing and promoting regional oil infrastructure projects and the development of the oil markets in the region, second, the oil dimension should allow implementing the EU legislation in relation with the oil sector) see EC’s Press Release IP/08/1051 of 27th June, 2008.

  150. 150.

    See Decision No. 2008/03/MC-EnC of the Ministerial Council of the Energy Community concerning the implementation to the oil sector provisions of the Treaty and the creation of an Energy Community Oil Forum, available at: http://www.energy-community.org.

  151. 151.

    See Art. 72 of the Energy Community Treaty.

  152. 152.

    See Art. 67 lit. a and lit. c of the Energy Community Treaty; additionally, see Art. 71 of this Treaty, according to which the Director of the Secretariat or a nominated alternate shall assist at the Ministerial Council, the Permanent High-Level Group, the Regulatory Board and the Fora.

  153. 153.

    See Art. 67 lit. b and lit. c of the Energy Community Treaty.

  154. 154.

    See, for example, Art. 21, the last sentence of Art. 29 and Art. 75 of the Energy Community Treaty.

  155. 155.

    See Art. 67 lit. d and lit. e of the Energy Community Treaty.

  156. 156.

    For example the high level conference on investments for the Energy Community on 28th September, 2007 in Athens, see EC’s Press Releases IP/07/1415 and IP/07/1423 of 28th September, 2007.

  157. 157.

    See Art. 69 of the Energy Community Treaty.

  158. 158.

    See Art. 68 of the Energy Community Treaty.

  159. 159.

    See the second sentence of Art. 70 of the Energy Community Treaty.

  160. 160.

    See Art. 47 lit. b of the Energy Community Treaty.

  161. 161.

    See Art. 53 lit. d and Art. 58 lit. c of the Energy Community Treaty.

  162. 162.

    See Art. 76(2) of the Energy Community Treaty, according to which a Decision is legally binding in its entirety upon those to whom it is addressed.

  163. 163.

    See Art. 76(3) of the Energy Community Treaty with the further clarification that the Parties – at least – shall use their best endeavours to carry out such Recommendations. For the relevance of such recommendations, inter alia, see Art. 33 of this Treaty.

  164. 164.

    See Art. 77 of the Energy Community Treaty.

  165. 165.

    See Art. 78 of the Energy Community Treaty with the further clarification that abstentions in a vote from Parties shall not count as votes cast.

  166. 166.

    For more on all this, see pp. 416 et seq. above.

  167. 167.

    See, in particular, Art. 24 and Art. 25 of the Energy Community Treaty.

  168. 168.

    Additionally, see the second sentence of this provision according to which the European Commission may alter or withdraw its proposal at any time during the procedure leading to adoption of the Measures.

  169. 169.

    See Art. 80 of the Energy Community Treaty.

  170. 170.

    See Art. 81 of the Energy Community Treaty.

  171. 171.

    For more on all this, see pp. 424 et seq. above.

  172. 172.

    See, in particular, Art. 28, 32, 34 and 35 of the Energy Community Treaty.

  173. 173.

    See Art. 83 of the Energy Community Treaty.

  174. 174.

    For more on all this, see pp. 427 et seq. above.

  175. 175.

    See, in particular, Art. 42, 43 and 45 of the Energy Community Treaty.

  176. 176.

    See, for example, Art. 46, 49, 55, 60, 66, 69, 73, 74 and 75 of the Energy Community Treaty.

  177. 177.

    See Art. 86 of the Energy Community Treaty.

  178. 178.

    For the decision-making process set out there see p. 436 above.

  179. 179.

    For relevant exceptions to these rules, see Article 88 of the Energy Community Treaty.

  180. 180.

    See Art. 90(1) of the Energy Community Treaty.

  181. 181.

    See Art. 91(1) of the Energy Community Treaty.

  182. 182.

    For the main contents of the Titles II-IV see pp. 416 et seq. above.

  183. 183.

    See Art. 92(1) of the Energy Community Treaty.

  184. 184.

    See Art. 93 of the Energy Community Treaty.

  185. 185.

    See EC’s Press Release IP/08/1051 of 27th June, 2008.

  186. 186.

    See Procedural Act No. 2008/01/MC-EnC of the Ministerial Council of the Energy Community of 27th June, 2008 on the Rules of Procedure for Dispute Settlement under the Treaty; available at: http://www.energy-community.org/pls/portal/docs/2969193.pdf.

  187. 187.

    For more on this, see Inotai, Towards a Common Energy Policy in the European Union?, Romanian Journal of European Affairs 8 (2008), pp. 5 et seq.; Fischer/Lippert, Mehr Gleise – Energieaußenpolitik und Nachbarschaftspolitik der EU, Osteuropa 2009, pp. 53 et seq.; Frenz/Kane, Die neue europäische Energiepolitik, Natur und Recht 2010, pp. 464 et seq.; Geden, Die Energie- und Klimapolitik der EU – zwischen Implementierung und strategischer Neuorientierung, integration 2008, pp. 353 et seq.; Kahl, Die Kompetenzen der EU in der Energiepolitik nach Lissabon, Europarecht 44 (2009), pp. 601 et seq.; Nowak, Europarecht nach Lissabon, 2011, pp. 250 et seq.

  188. 188.

    In a similar way, see Renner, The Energy Community of Southeast Europe: A neo-functionalist project of regional integration, European Integration online Papers 13 (2009), pp. 1 et seq. (12).

  189. 189.

    With further references, see fn. 27 above.

  190. 190.

    See pp. 416 et seq. above.

  191. 191.

    See Emerson, Recalibrating EU Policy towards the Western Balkans, CEPS Policy Brief No. 175/October 2008, pp. 1 et seq. (7), available at: http://www.ceps.eu.

  192. 192.

    See section B above.

  193. 193.

    See section E above.

  194. 194.

    For the recent establishment of the ‘Oil Dimension’ see sections D.I. and E.I.4); for the additional ‘Social Dimension’ of the Energy Community, especially based on the 2007 Memorandum of Understanding on Social Issues see pp. 432 et seq.).

  195. 195.

    For more on this, see pp. 407 et seq. above.

  196. 196.

    See Emerson, Recalibrating EU Policy towards the Western Balkans, CEPS Policy Brief No. 175/October 2008, pp. 1 et seq. (7), available at: http://www.ceps.eu.

  197. 197.

    See the Commission Communication “European Neighbourhood Policy – Strategy Paper“ of 12th May, 2004, COM(2004) 373 final.

  198. 198.

    For the voluminous literature on the European Neighbourhood Policy see Andreev, The future of European neighbourhood policy and the role of regional cooperation in the Black Sea area, Southeast European and Black Sea Studies 8 (2008), pp. 93 et seq.; Balfour, The Challenges of the European Neighbourhood Policy, The International Spectator 40 (2005), pp. 7 et seq.; Bechev/Nicolaidis, Whither the European neighbourhood policy? – Scenarios for a special relationship, EurView 2008, pp. 23 et seq.; Duta, European Neighbourhood Policy and Its Main Components, Romanian Journal of International Affairs 10 (2005), pp. 229 et seq.; Edwards, The Construction of Ambiguity and the Limits of Attraction: Europe and its Neighbourhood Policy, Journal of European Integration 30 (2008), pp. 45 et seq.; Emerson, European Neighbourhood Policy: Strategy or Placebo?, CEPS Working Document No. 215/November 2004, pp. 1 et seq.; Lippert, The Neighbourhood Policy of the European Union, Intereconomics 2007, pp. 180 et seq.; Magen, The Shadow of Enlargement: Can the European Neighbourhood Policy Achieve Compliance, Columbia Journal of European Law 2006, pp. 383 et seq.; Nowak, Europarecht nach Lissabon, 2011, pp. 265 et seq.; Ott, Is second best still good enough? – The European Neighbourhood Policy as an alternative to EU accession, Maastricht Journal of European and Comparative Law 2006, pp. 377 et seq.; Parmentier, The reception of EU neighbourhood policy, in: Laïdi (ed.), EU Foreign Policy in a Globalized World – Normative power and social preferences, 2008, pp. 103 et seq.; Sasse, The European Neighbourhood Policy: Conditionality Revisited for the EU’s Eastern Neighbours, Europa-Asia Studies 60 (2008), pp. 295 et seq.; Smits, The Outsiders: The European Neighbourhood Policy, International Affairs 81 (2005), pp. 757 et seq.; van Vooren, A case study of “soft law” in EU external relations: The European Neighbourhood Policy, European Law Review 34 (2009), pp. 696 et seq.

  199. 199.

    For more on the backgrounds and objectives of the ENP see the Commission Communications “European Neighbourhood Policy – Strategy Paper“ of 12th May, 2004, COM(2004) 373 final, and “A Strong European Neighbourhood Policy“ of 5th December, 2007, COM(2007) 774 final.

  200. 200.

    For more on this, see with further references Nowak, Legal Arrangements for the Promotion and Protection of Foreign Investments Within the Framework of the EU Association Policy and European Neighbourhood Policy, in: Bungenberg/Griebel/Hindelang (eds.), International Investment Law and EU Law, 2011, pp. 105 et seq. (118 et seq.).

  201. 201.

    See, in particular, the Commission Communication “Barcelona Process: Union for the Mediterranean“ of 20th May, 2008, COM(2008) 319 final.

  202. 202.

    For more on this, see Martinez, European Union’s exportation of democratic norms – The Case of North Africa, in: Laïdi (ed.), EU Foreign Policy in a Globalized World – Normative power and social preferences, 2008, pp. 118 et seq.; Pace, The Ugly duckling of Europe: The Mediterranean in the Foreign Policy of the European Union, Journal of European Area Studies 10 (2002), pp. 189 et seq.; Youngs, European Approaches to Security in the Mediterranean, Middle East Journal 57 (2003), pp. 414 et seq.

  203. 203.

    For more on this see Bicchi, ‘Our size fits all’: normative power Europe and the Mediterranean, Journal of European Public Policy 13 (2006), pp. 286 et seq.; Tzifakis, EU’s region-building and boundary-drawing policies: the European approach to the Southern Mediterranean and the Western Balkans, Journal of Southern Europe and the Balkans 9 (2007), pp. 47 et seq.

  204. 204.

    The respective Joint Declaration of 13th July, 2008 aims at a Middle East Zone free of weapons of mass destruction, the establishment of a Free Trade Area and strengthening of regional cooperation. Moreover, the declaration explicitly lists the following (priority) initiatives: De-pollution of the Mediterranean Sea, the development of Maritime and Land Highways, the establishment of a Joint Civil Protection programme on prevention, preparation and response to disasters, as well as certain energy, education and Business Development initatives. In addition, a visionary plan for solar energy has already been established under the umbrella of the Union of the Mediterranean, entailing the foundation of the widely noticed Desertec-Project on 13th July, 2009.

  205. 205.

    This refers to Albania, Crotia, Bosnia and Herzegovina as well as Montenegro.

  206. 206.

    For more on this new Partnership, see Nowak, Multilaterale und bilaterale Elemente der EU-Assoziations-, Partnerschafts- und Nachbarschaftspolitik, Europarecht 44 (2010), pp. 746 et seq. (759 et seq.); Pop, Balkan’s model to underpin EU’s Eastern Partnership, available at: http://euobserver.com/15/26766?print=1; Schäfer, The Eastern Partnership – ‘ENP Plus’ for Europe’s Eastern neighbours“, CA Perspectives 4 (2009), pp. 1 et seq.; Tiede/Schirmer, Die Östliche Partnerschaft der Europäischen Union im Rahmen des Gemeinschaftsrechts, Osteuropa-Recht 55 (2009), pp. 184 et seq.

  207. 207.

    Whilst Moldova became a full fledged member of the Energy Community as of 1st May, 2010, Ukraine officially acceded the Energy Community on 1st February, 2011; for the actual ‘observer status’ of Georgia, see pp. 413 et seq. above.

Acknowledgments

The author would like to thank Songül Seker (Universität Siegen) and Lena Borth (Europa-Universität Viadrina) for helpful support.

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  1. FB Rechtswissenschaften, Europa-Universität Viadrina Frankfurt (Oder), 1786, 15207, Frankfurt/Oder, Germany

    Carsten Nowak

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  1. European Law, European and, University of Passau Chair for Constitutional and Administrat, Passau, Germany

    Christoph Herrmann

  2. Department of European Law, University of Hamburg, Hamburg, Germany

    Jörg Philipp Terhechte

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Nowak, C. (2012). The Energy Community of South East Europe. In: Herrmann, C., Terhechte, J. (eds) European Yearbook of International Economic Law 2012. European Yearbook of International Economic Law, vol 3. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-23309-8_13

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