Energy Efficiency as a New Paradigm of the European External Energy Policy: The Case of the EU–Russian Energy Dialogue

Energy efficiency has long since been a pillar of the European internal energy policy. It now takes on increasing importance in European external energy relations. It is, for instance, key to the EU–Russian Energy Dialogue. I analyse how energy efficiency has been institutionalised in EU external energy relations, in particular towards Russia. I examine whether energy efficiency can be seen as a new paradigm for understanding external energy relations. Based on this conceptual delimitation, I describe and assess the regulatory mechanisms proposed by the EU to implement this approach in practice.     

Environmental Protection and EC Anti-Trust Law: The Commission's Approach for Packaging Waste Management Systems

The use of environmental agreements by companies as a tool to improve environmental protection can be hindered by a strict interpretation of competition rules. This article analyses how the European Commission attempts to reconcile the requirement of environmental protection with anti-trust law, by examining the principles that the Commission has defined in its assessment of packaging waste management systems. Although the Commission has considered that some agreements concluded under these schemes were restrictive of competition, it decided not to prohibit them. This article argues that, although attention is given to environmental considerations, the arguments invoked to justify the exemption of these agreements do not allow for integration of environmental protection, as such, in European competition policy. An alternative would be to apply standards of assessment comparable to those used to justify exceptions to the free movement of goods.     

Fixing the emissions trading scheme: Carbon price stability in the EU and China

This paper critically questions the legal and economic foundation of price regulation in environmental markets, with a focus on the European Union (EU) and Chinese Emissions Trading Schemes (ETSs). In 2018, the EU adopted a structural reform of its own ETS with the objective of increasing and stabilising carbon prices. This reform raises fundamental questions concerning the free market nature of the ETS and its function as a driver of low‐carbon investments. On the one hand, regulatory adjustments are necessary to address the large surplus of allowances that can result from exogenous shocks (e.g. economic downturn). On the other hand, the risk of regulatory intervention in the market undermines investor certainty. In China, limited regulatory independence and more stringent government control over the market exacerbates the threat posed by price control measures to the integrity of China's ETS and its role as a driver of investments in environmental protection.