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Converging European Energy Markets: How to Make it Happen CEPMLP/CEPS Seminar, Brussels, 28-29 Sep 2000 Seminar Report by Henning Matthiesen, CEPMLP
The author reports on the recent seminar - Converging European Energy Markets: How to Make it Happen, held in Brussels by the Centre for Energy, Petroleum and Mineral Law and Policy and the Centre for European Policy Studies, in September.
1. Introduction
2. Day One
2.1 Session I - Regulation
2.1.1 The Impact of the EU Gas Directive in the Member States, Peter Cameron, CEPMLP, University of Dundee
2.1.1.1 Implementing the Directives: Teleological and Regulatory Aspects 2.1.1.2 Problems Related to Subsidiarity
2.1.2 How Will Gas Liberalisation Foster Competition? Jochen Hierl, EDF
2.1.3 The EU Internal Market for Energy: The Latest Initiatives and Their Purpose, Christopher Jones, Head of Unit, Implementation of The Internal Energy Market, DG TREN, European Commission
2.1.3.1 Eligibility and due Review of the Directives 2.1.3.2 Subsidiarity Principle 2.1.3.3 Suggestions Regarding the Florence and Madrid Process 2.1.3.4 TPA 2.1.3.5 Unbundling 2.1.3.6 Objectives of Energy Liberalisation: Have competitive Prices and due performance of PSO been realised? 2.1.3.7 Application of the Reciprocity Provisions to Electricity imported from third countries which do not honour EC environmental standards? 2.1.3.8 Objectives of the Florence and Madrid Process
2.1.4 The Commission's New Pressure Points: The Florence and Madrid Process, Inigo Del Guayo, University of Almeria, Spain
2.1.4.1 Legal Nature of the Florence and Madrid Process 2.1.4.2 Issues Related to The Subsidiarity Principle 2.1.4.3 TPA to Storage 2.1.4.4 Structural and Conduct Regulation 2.1.4.5 Negotiated TPA: Mandatory Publication of Key Commercial Terms desirable 2.1.4.6 National Pricing Systems and Cross-Border Tariffs 2.1.4.7 Unbundling 2.1.4.8 Transposition of Florence Process Results to the Madrid Process
2.2 Session II - Competition Policy, Mergers and Acquisitions
2.2.1 The Role of Competition Policy, Lambros Papadias, DG Competition, European Commission
2.2.1.1 Early Notifications and the Evolution of Market Definitions 2.2.1.2 Duration of exclusive sales agreements 2.2.1.3 Essential Facilities Doctrine and Interconnector Cases
2.2.2 The German Market and the Federal Cartel Office's Approach, Joachim Schütze, Clifford Chance Pünder
2.2.2.1 Former Market Structure 2.2.2.2 VEBA/VIAG and RWE/VEW mergers 2.2.2.3 2nd Agreement of Electricity Associations and Recent Mergers 2.2.2.4 Agreement of Gas Associations 2.2.2.5 Cross-Border Trade
2.2.3 Lessons from Recent Global Mergers and Acquisitions, Jim Wheaton, Partner, Clifford Chance Pünder
2.2.3.1 UK Electricity Reform 2.2.3.2 Merger Activities in the U.K. 2.2.3.3 Relevant Market Definitions 2.2.4 The Need for Effective Competition Policy, Leif Halvorsen, EU Co-ordinator, Vattenfall AB 2.2.5 Reception by Scotland Europa
3. Day Two
3.1 Session III - Regulating Converging Markets
3.1.1 How To Provide Regulatory Certainty when Markets Converge, Charles Bankes, General Counsel, OFGEM, UK
3.1.1.1 Regulatory Powers 3.1.1.1 Convergence of electricity and gas industries 3.1.1.2 Merger of All Regulators v Abolition of Regulators 3.1.1.3 Criteria for Price Control Regimes 3.1.1.4 Supra-National Regulator?
3.1.2 Distortions to Competition in Electricity and Gas Markets, Christian Levasseur, DG Competition, European Commission
3.1.2.1 Pre-Requisites of Perfect Competition According to the Neo-Classical Theory of Perfect Competition 3.1.2.2 Wholesale Electricity and Gas Supply Contracts between Producers and Transmission Companies/Distributors 3.1.2.3 Electricity and Gas Supply Contracts between Transmission Companies/Distributors and Final Consumers
3.1.3 Distortions to Competition from an Operator's View, Adrian Ham, Director, British Energy
3.1.4 Recent Case Law of The European Courts, Leo Flynn, Court of First Instance
3.2 Session IV - Converging Markets and The Environment
3.2.1 Green Certificates, Peter Niermeijer, Energiened
3.2.2 EU Greenhouse Gas Emissions Trading, Peter Vis, Climate Change Unit, DG Environment, European Commission
3.2.2.1 Current State 3.2.2.2.Emissions Trading v State Aids 3.2.2.3 Suitable Traders 3.2.2.4 Member States Opposing Emissions Trading
3.2.3 Making The Environment a Commercial Issue, Mike Wriglesworth, BP Amoco
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Abbreviations
CEGB Central Electricity Generation Board CEPMLP Centre for Energy, Petroleum and Mineral Law and Policy CEPS Centre for European Policy Studies ECT Treaty Establishing the European Economic Community, as lastly Amended by The Treaty of Amsterdam EDF Electricité de France EU European Union GATT General Agreements on Tariffs and Trade IEMD Internal Electricity Market Directive IGMD Internal Gas Market Directive PSO Public Service Obligation REC Regional Electricity Company TPA Third Party Access U.K. United Kingdom
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