The Proposed EU Energy Security Package vis-à-vis EU Law

Abstract

Summary: The European Commission adopted on December 10, 2003 a draft legislative package (hereinafter referred to as ``the Package'') designed to promote investment in the EU energy sector and prevent the re-occurrence of the blackouts experienced in several countries earlier this year. Is the proposed Package compatible with other parts of EU law, especially the basic principles of Community's environmental law and its climate change policy? This paper illustrates how the measures adopted by the Package run contradictory to the integration and prevention principle of EC environmental law, the climate change policy and infrastructure policy. The focus is the principles and the climate change policy which entails instruments of demand management and promotion of renewable energy to achieve its goals. The author suggests possible solutions to develop a sustainable and green security of energy supply policy and argues that a sustainable energy supply is a goal for the future for which action must start today. And the important issue in a sustainable energy policy is to fully incorporate the principles of EC law and the environmental protection policy. Taking into account its violation of the Community's principles, environmental law and infrastructure policy, the proposed Package must be altered. Future policies regarding security of supply must focus on generation actions that will guarantee environmentally sustainable security, especially the climate protection parameters. Demand management measures and renewable energy promotion should be regarded as the most crucial criteria and clear mandatory targets should be developed. A consistent and environmentally friendly energy policy will help the EU to achieve economical, social and ecological sustainable development.