Alexander Volkov

Reforming Natural Gas Market in EU: Directive 2009/73/EC Concerning Common Rules for the Internal Market in Natural Gas and Repealing Directive 2003/55/EC

2012. No. 1. P. 91–101 [issue contents]

Volkov Alexander - Deputy Dean of the Faculty of Law, Saint Petersburg Campus of National Research University Higher School of Economics, Associate Professor, Candidate of Juridical Scinces. Address: 17 Promyshlennaya Str., Saint Petersburg, 198099, Russian Federation. E-mail: akvolkov@hotmail.com.

July 13, 2009, the EU Parliament and Council adopted Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC which became a new stage of reforming the European natural gas market. Its aim is to create a competitive internal market of this natural resource, eliminating private and public obstacles, which should result in the dynamic development of the branch and better protection of consumer rights. The author of the article examines and gives a brief characteristic to the preceeding acts having regulated the relations in this sphere. Among the key clauses of the Directive are the following. If as of September 3, 2009, the enterprise owner is vertically integrated, the state is given a choice either to divide the property of the enterprise or at the proposal of the owner of the transportation system and approval of the Commission to set up an independent system operator or an independent transportation operator. If the state involved has decided to divide completely the property of the enterprise with vertical integration, the latter has no right to establish an independent system or transport operator. Afterwards, the enterprise performing the functions of production and shipment cannot implement control or rights regarding the transportation system operator. It is of note that the model of property and law liability division is supported by the minority of the EU states. The other countries have preferred the establishment of an independent transportation operator or independent transportation operator. This variant allows a vertically integrated enterprise to keep the right of ownership as to the transportation system but loses the control over its management – in the case with an independent system operator – completely and in the case with an independent transport operator – partially. The author arrives at a conclusion that the essence of Directive 2009/73/EC is progressive in terms of a single gas market in Europe but the result of the reforms will depend on the will of Member states. However, while some countries try to make a final decision or its form the majority of the member states have abandoned the monopoly in this sector, the companies of these states develop actively, make competitive advantages and conquer foreign markets.

Citation: Volkov A. (2012) Reformirovanie rynka prirodnogo gaza ES: Direktiva 2009/73/EC «Ob obshchikh printcipakh vnutrennego rynka prirodnogo gaza i ob otmene Direktivy 2003/55/EC» [Reforming Natural Gas Market in EU: Directive 2009/73/EC Concerning Common Rules for the Internal Market in Natural Gas and Repealing Directive 2003/55/EC]. Pravo. Zhurnal Vysshei shkoly ekonomiki, no 1, pp. 91-101. (in Russian)
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