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Reinforcing Energy Governance under the EU Energy Diplomacy: A Proposal for Strengthening Energy Frameworks in Africa

Published online by Cambridge University Press:  24 May 2018

Matteo BARRA  and
Martin SVEC
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Abstract

This article, initially discussed at a conference organised in March 2017 by the Belgian Commission for Electricity and Gas Regulation (CREG) on the new governance structures in the EU energy sector, deals with energy governance structures in the EU energy and climate diplomacy and in development cooperation between the EU, its member states and third countries.

It is understood that, at large, the existing tools of EU energy and climate diplomacy create governance structures: bilateral partnerships, trade agreements, regional and multilateral orders are per se instruments to govern the underlying relationship between the EU, its member states and third countries. The focus in this paper revolves around those instruments of EU energy and climate diplomacy which aim at reinforcing energy governance structures (referred to also as institutional and normative energy frameworks) and promoting solid transparent frameworks in the field of energy in partner countries.

In particular, the paper aims at identifying – among the existing tools of the energy and climate diplomacy –instruments and opportunities in favour of African countries which contribute to strengthening those institutional and normative energy frameworks and facilitate investment towards universal energy access and energy transition. To do so, the paper reviews the existing policy and legal instruments of EU external energy action in general and in Africa and concludes proposing policy recommendations on further development cooperation and energy diplomacy initiatives in favour of African countries.

The first section reviews the principles of EU energy and climate diplomacy and their alignment with development objectives, including the emphasis on strengthening institutional and normative frameworks in the energy sector. The second section considers the internal coordination between the EU and its member states which is necessary to carry out the external energy and climate diplomacy as well as development cooperation. The third section describes the existing tools of the EU energy diplomacy that aim to strengthen energy institutions and frameworks in partner countries. The fourth section reviews a selection of existing EU initiatives in favour of African countries and brings forward a proposal for EU action to reinforce energy governance structures of partner countries in Africa.

Type
Articles
Information
European Journal of Risk Regulation , Volume 9 , Issue 2 , June 2018 , pp. 245 - 267
Copyright
© Cambridge University Press 

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Footnotes

*

Matteo Barra, senior expert international energy investment, PhD International Law and Economics (Bocconi) and LLM International Energy Law and Policy (CEPMLP). Martin Svec, PhD Candidate and Lecturer in International Law (Masaryk University, Brno). This paper is an improved version of the presentation given at the conference on “New governance structures in the EU energy sector” organised by the Belgian Commission for Electricity and Gas Regulation (CREG) in Brussels on 24 March 2017.

References

1 Council of the EU, Council conclusions on strengthening the external dimension of the EU energy policy. 3127th Council meeting (Energy items) (2011), available at <www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/trans/126327.pdf> accessed 10 February 2017; European Council (EU), Conclusions of the European Council of 23 May 2013, EUCO 76/12, available at <www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/137197.pdf> accessed 10 February 2017.

2 Commission (EU), COM (2000) 769 final: Green Paper – Towards a European strategy for the security of energy supply; COM (2002) 321: Final report on the Green Paper “Towards a European strategy for the security of energy supply.”

3 Commission (EU), COM (2006) 105 final: A European Strategy for Sustainable, Competitive and Secure Energy.

4 Commission (EU), COM (2011) 539: On the security of energy supply and international cooperation – “The EU Energy Policy: Engaging with Partners beyond Our Borders.”

5 Commission (EU), COM (2014) 330: European Energy Security Strategy.

6 ibid.

7 Commission (EU), COM (2015) 80 final: A Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy.

8 ibid.

9 EEAS (EU), Shared Vision, Common Action: A Stronger Europe: A Global Strategy for the European Union’s Foreign and Security Policy, June 2016, at 22–23, available at <eeas.europa.eu/archives/docs/top_stories/pdf/eugs_review_web.pdf>, accessed 20 October 2017.

10 Council of the EU, Council conclusions on EU Energy Diplomacy of 29 July 2015, available at <data.consilium.europa.eu/doc/document/ST-10995-2015-INIT/en/pdf> accessed 10 February 2017; Council of the European Union (EU), Conclusions European climate diplomacy after COP21, available at <data.consilium.europa.eu/doc/document/ST-6061-2016-INIT/en/pdf> accessed 10 February 2017; Council of the EU, Council conclusions: Energy and Development of 28 November 2016, available at <www.consilium.europa.eu/media/24219/st14839en16-ead.pdf> accessed 10 February 2017; Council of the EU, Council of the EU, Council Conclusions Implementing the EU Global Strategy – strengthening synergies between EU climate and energy diplomacies and elements for priorities for 2017 of 6 March 2017, available at <data.consilium.europa.eu/doc/document/ST-6981-2017-INIT/en/pdf> accessed 10 February 2017.

11 Council of the EU, New Consensus on Development, available at <ec.europa.eu/europeaid/sites/devco/files/european-consensus-on-development-final-20170626_en.pdf>.

12 “Mirroring security sector reform efforts, energy and environmental sector reform policies can assist partner countries along a path of energy transition and climate action. Through such efforts, we will encourage energy liberalisation, the development of renewables, better regulation and technological transfers, alongside climate change mitigation and adaptation. We will also support governments to devise sustainable responses to food production and the use of water and energy through development, diplomacy and scientific cooperation.” See A Global Strategy for the European Union’s Foreign And Security Policy, supra, note 9, 27.

13 Council of the EU, Council conclusions: Energy and Development of 28 November 2016, available at <www.consilium.europa.eu/press-releases-pdf/2016/11/47244650829_en.pdf> accessed 10 February 2017.

14 “A quantum leap in European investment in Africa is also needed to support sustainable development. We will build stronger links between our trade, development and security policies in Africa, and blend development efforts with work on migration, health, education, energy and climate, science and technology, notably to improve food security.” See A Global Strategy for the European Union’s Foreign And Security Policy, supra, note 9, 36.

15 New Consensus on Development, supra, note 11, at § 46: “46. The scale of financial investment needed to bring about universal access to safe and clean energy services requires the engagement of many actors. The EU and its Member States will increase their cooperation with all relevant stakeholders, including the private sector, on energy demand management, energy efficiency, renewable energy generation and clean technology development and transfer. They will support the improvement of regulatory frameworks conducive to a competitive and sustainable energy sector and to leveraging private finance. They will crowd in additional funds, including from the private sector and through innovative financing initiatives and instruments. Supporting Africa and the EU’s neighbourhood in this energy transition will be a part of the enabling framework for the EU’s Energy Union.”

16 “All Parties should cooperate to enhance the capacity of developing country Parties to implement this Agreement”: Art 11.3 of the Paris Agreement (adopted on 12 December 2015, entered into force on 4 November 2016) UN Treaty Collection 54113. See also Sustainable Development Goal 17 “Strengthen the means of implementation and revitalise the global partnership for sustainable development” under target 17.9 “Enhance international support for implementing effective and targeted capacity-building in developing countries to support national plans to implement all the sustainable Development goals, including through North-South, South-South and triangular cooperation.”

17 Council conclusions on strengthening the external dimension of the EU energy policy, supra, note 1.

18 Council of the EU, Council Report: Follow-up to the European Council of 22 May 2013: Review of developments on the external dimension of the EU Energy Policy, available at <register.consilium.europa.eu/doc/srv?l=EN&f=ST%2017756%202013%20INIT> accessed 10 February 2017.

19 Council conclusions on EU Energy Diplomacy of 29 July 2015, supra, note 10.

20 TFEU, Art 4(3): “Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.”

21 TFEU, Art 4(2)(i) and Art 194.

22 TFEU, Art 216. See Craig, P and De Búrca, G, EU Law: Text, Cases, and Materials (Oxford University Press 2015) 335–336 CrossRefGoogle Scholar.

23 2010/385/EU: Council Decision of 24 June 2010 on the conclusion of the Statute of the International Renewable Energy Agency (IRENA) by the European Union and 98/181/EC, ECSC, Euratom: Council and Commission Decision of 23 September 1997 on the conclusion, by the European Communities, of the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects OJ L 69, 9.3.1998.

24 See TFEU, Art 194(2). Radel, N, “The EU External Energy Policy and the Law: Does the EU Really Matter?” in L Squintani, H Vedder, M Reese, B Vanheusden, Sustainable Energy United in Diversity – Challenges and Approaches in Energy Transition in the European Union (European Environmental Law Forum Book Series, Volume 1 2014) 237–249 Google Scholar; Craig and De Búrca, supra, note 22, 342–343.

25 TFEU, Art 4.2(e) and Art 191. According to TFEU, Art 192(2)(c), the carve-out clause on a Member State’s sovereignty over the energy mix does not apply, and a unanimous decision by the Council in the field of the environment may affect a “Member State’s choice between different energy sources and the general structure of its energy supply”.

26 94/69/EC: Council Decision of 15 December 1993 concerning the conclusion of the United Nations Framework Convention on Climate Change OJ L 33, 7.2.1994, p 11–12.

27 2002/358/EC: Council Decision of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfillment of commitments thereunder OJ L 130, 15.5.2002, p 1–3.

28 Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change. OJ L 282, 19.10.2016, p 1–3.

29 TFEU, Art 4(4) and Art 208.

30 TFEU, Art 209.

31 TFEU, Art 210; Emphasis on effectiveness, transparency and joint action. See Commission (EU), COM(2011) 637 final: Increasing the impact of EU Development Policy: an Agenda for Change, available at <ec.europa.eu/europeaid/sites/devco/files/agenda_for_change_-_com2011_637_final.pdf> accessed 15 April 2017.

32 TFEU, Art 3(1)(e) and Art 207.

33 The Opinion 2/15 of the Court of Justice of the EU (CJEU) clarified the scope of the CCP in relation to sustainable development. The Court was requested for an opinion on whether the Union has the competence to sign and conclude alone the Free Trade Agreement with Singapore and, more specifically, which provisions of the Free Trade Agreement fall within the Union’s exclusive competence and which provisions fall within Union’s shared competence. The Court found that sustainable development is an integral part of the CCP and both Chapter 7 of the FTA “Non-Tariff Barriers to Trade and Investment in Renewable Energy Generation” and Chapter 13 of the FTA “Trade and Sustainable Development” fall within an exclusive competence of the EU (see § 139–167 of the opinion). Thus, the Court’s conclusions may be translated into more effective contribution to the global effort in the implementation of the Sustainable Development Goals via the EU trade policy. “Article 207(1) TFEU that ‘the common commercial policy shall be conducted in the context of the principles and objectives of the Union’s external action’. Those principles and objectives are specified in Article 21(1) and (2) TEU and, as is stated in Article 21(2)(f) TEU, relate inter alia to sustainable development linked to preservation and improvement of the quality of the environment and the sustainable management of global natural resources” at para. 142. J Larik, “Trade and Sustainable Development: Opinion 2/15 and the EU’s Foreign Policy Objectives” (2017) Europe and the World: A law review blog, available at <blogs.ucl.ac.uk/europe-and-the-world-journal/2017/opinion215-trade-sustainable-development>, accessed 10 October 2017.

34 Council of the EU, Council conclusions European climate diplomacy after COP21: Elements for continued climate diplomacy in 2016, available at <data.consilium.europa.eu/doc/document/ST-5853-2016-INIT/en/pdf> accessed 10 February 2017. Addressing climate change in developing countries allows the anticipation of global adverse effects on ecosystems, economic sectors, human health and well-being: see EEA (EU), Key findings – Climate change, impacts and vulnerability in Europe 2016, European Environmental Agency, available at <www.eea.europa.eu/publications/climate-change-impacts-and-vulnerability-2016/key-findings> accessed 10 February 2017; The UN High Commissioner for Refugees (UNHCR) estimates that, on average, 22.5 million people have been displaced by climate or weather related events each year since 2008. See UNHCR, “Climate Change and Disasters”, available at <www.unhcr.org/climate-change-and-disasters.html> accessed 10 February 2017.

35 Commission (EU), COM (2011) 539: on the security of energy supply and international cooperation – “The EU Energy Policy: Engaging with Partners beyond Our Borders”; International Cooperation. DG Energy, European Commission, available at <ec.europa.eu/energy/en/topics/international-cooperation> accessed 10 February 2017.

36 The EU-Russia Energy Dialogue was established at the sixth EU-Russia Summit in Paris on 30 October 2000.

37 Such as the Gas Advisory Council, Energy Efficiency Group, Market Developments Group, Energy Strategies, Forecasts, and Scenarios Group, Early warning mechanism. See International Cooperation: Russia. DG Energy, European Commission, available at <ec.europa.eu/energy/en/topics/international-cooperation/russia> accessed 10 February 2017.

38 Roadmap of the EU-Russian Energy Cooperation until 2050, available at <ec.europa.eu/energy/sites/ener/files/documents/2013_03_eu_russia_roadmap_2050_signed.pdf> accessed 20 March 2017.

39 Dempsey, J. Europeans Are Prolonging Their Dependence on Russian Gas (Carnegie Europe 2014)Google Scholar, available at <carnegieeurope.eu/strategiceurope/55538?lang=en> accessed 20 March 2017; Pirani, S, et al., What the Ukraine crisis means for gas markets (Oxford Institute for Energy Studies 2014)Google Scholar <www.oxfordenergy.org/wpcms/wp-content/uploads/2014/03/What-the-Ukraine-crisis-means-for-gas-markets-GPC-3.pdf> accessed 10 February 2017.

40 EU-Ukraine Summit: EU and Ukraine intensify energy partnership. European Commission, available at <ec.europa.eu/energy/en/news/eu-ukraine-summit-eu-and-ukraine-intensify-energy-partnership>; Memorandum of Understanding on a Strategic Energy Partnership, available at <ec.europa.eu/energy/sites/ener/files/documents/mou_strategic_energy_partnership_en.pdf>.

41 Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part. OJ L 161, 29.5.2014.

42 In addition, Ukraine has been a member of the Energy Community since 2011; during the 2009 and 2015 gas crisis, Ukraine was part of the by means of trilateral meetings with Ukraine and Russia to ensure stable energy supplies to Ukraine and gas transit to the EU. See Commission (EU), COM (2017) 53 final: Second Report on the State of the Energy Union, p 12.

43 Memorandum of Understanding on a Strategic Energy Partnership Between the European Union together with the European Atomic Energy Community and Ukraine. 2016, available at <ec.europa.eu/energy/sites/ener/files/documents/mou_strategic_energy_partnership_en.pdf> accessed 10 March 2017; Energy Community. In Focus: Ukraine’s Natural Gas Sector Reform Accelerates. Energy Community Country Brief Spotlight on Ukraine Issue 3, 9 March 2016, available at <www.energy-community.org/portal/page/portal/ENC_HOME/DOCS/4058387/2DA01F3623B07BC3E053C92FA8C0CFDA.pdf> accessed 10 March 2017; Ukraine and Energy Community: On the road of reforms. Energy Reforms (2015), available at <enref.org/wp-content/uploads/2015/11/Light__Dixi_Main_Report_en._2015-1.pdf> accessed 10 March 2017.

44 European Neighbourhood Policy and Enlargement Negotiations: Twinning. European Commission, available at <ec.europa.eu/neighbourhood-enlargement/tenders/twinning_en>.

45 Ukraine twinning: Regulatory and legal capacity strengthening of energy regulation in NERC, available at <www.e-twinning.at/ukraine>.

46 EU-China Joint Declaration on Energy Security (2013), available at <ec.europa.eu/energy/sites/ener/files/documents/20120503_eu_china_joint_declaration_energy_security_en.pdf>, accessed 15 October 2017; EU-China Joint Statement on Climate Change (2015), available at <www.consilium.europa.eu/media/23733/150629-eu-china-climate-statement-doc.pdf> accessed on 15 October 2017; Liu, X et al., China-EU Energy Cooperation Roadmap 2020 Concept Note (EC2 Europe-China Clean Energy Centre, Beijing 2015) 13–19 Google Scholar.

47 EU-China Roadmap on energy cooperation (2016-2020), EU Commission, Available at: <ec.europa.eu/energy/sites/ener/files/documents/FINAL_EU_CHINA_ENERGY_ROADMAP_EN.pdf> accessed 10 February 2017.

48 The summit is chaired by the EU High Representative and composed by the EU Vice President for Energy Union, the EU Commissioner for Climate and Energy, the EU Council Presidency, the US Secretary of State and the US Secretary of Energy, DG Energy, European Commission, available at <ec.europa.eu/energy/en/topics/international-cooperation/united-states-america> accessed 10 February 2017.

49 2016 Joint Statement: U.S.-EU Energy Council. Delegation of the European Union to the United States. EEAS, available at <eeas.europa.eu/delegations/united-states-america/2817/joint-statement-us-eu-energy-council_en>.

50 Common Understanding on Regulatory Principles and Best Practices. United States – European Commission High-Level Regulatory Cooperation Forum, available at <trade.ec.europa.eu/doclib/docs/2011/july/tradoc_148030.pdf>.

51 EU – US cooperation. European Commission, available at <ec.europa.eu/growth/industry/international-aspects/cooperation-governments/eu-us_en>.

52 OECD Council Decision on the Establishment of the Agency Adopted on 15 November 1974.

53 The EU participates in IEA Governing Board meetings, as well as in the work of IEA committees. It also participates in technology initiatives where countries and organisations work together on energy research and technology. See Commission (EU), International Organizations, available at <ec.europa.eu/energy/en/topics/international-cooperation/international-organisations>.

54 IEA launches the Clean Energy Transitions Programme to support clean-energy development. IEA (2017), available at <www.iea.org/newsroom/news/2017/november/iea-launches-the-clean-energy-transitions-programme-to-support-clean-energy-devel.html?utm_content=bufferd4163&utm_medium=social&utm_source=facebook.com&utm_campaign=buffer> accessed on 7 December 2017.

55 Statute of International Renewable Energy Agency signed in Bonn on 26 January 2019. Conference on the Establishment of the International Renewable Energy Agency, available at <www.irena.org/-/media/Files/IRENA/Agency/About-IRENA/Statute/IRENA_FC_Statute_signed_in_Bonn_26_01_2009_incl_declaration_on_further_authentic_versions.pdf?la=en&hash=635C494208DD405EA8CD2BDB04414FECD40F55F1>; 2010/385/EU Council Decision of 24 June 2010 the conclusion of the Statute of the International Renewable Energy Agency by the European Union. OJ L 178, 13.7.2010, p. 17–27; the EU and its Member States participate jointly to its activities and coordinate closely for the implementation of the IRENA objectives.

56 The Africa Clean Energy Corridor. IRENA, available at <www.irena.org/cleanenergycorridors/Africa-Clean-Energy-Corridor>.

57 Clean Energy Corridor for Central America. IRENA, available at <www.irena.org/cleanenergycorridors/Clean-Energy-Corridor-for-Central-America>.

58 West Africa Clean Energy Corridor. IRENA, available at <www.irena.org/cleanenergycorridors/West-Africa-Clean-Energy-Corridor>.

59 98/181/EC, ECSC, Euratom: Council and Commission Decision of 23 September 1997 on the conclusion, by the European Communities, of the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects OJ L 69, 9.3.1998.

60 The principle of stable and transparent frameworks for the promotion of trade and investment in energy goods and services is restated in the International Energy Charter, signed in 2015 more than 83 parties, including the EU and its Member States, countries from Africa, Middle East, Latin America, South and East Asia, China and the United States of America. International Energy Charter, ECT. Available: <www.energycharter.org/process/international-energy-charter-2015/overview/> accessed 10 February 2017. Leal-Arcas, R, Filis, A, Abu Gosh, ES, International Energy Governance: Selected Legal Issues (Edward Elgar 2014) 346–350 Google Scholar.

61 The Energy Charter Investment Facilitation Toolbox’s Guidance for investment facilitation in the pre-establishment of the energy investment states: “Policy goal 2: Efficient institutional governance and policy-making. The ability of a state to manage policy change and regulatory reform is of crucial importance for all investment in the making phase of an investment. Existence of strong institutions and effective coordination between these institutions are key prerequisites for effective policy-making. Strong institutions help to maintain a predictable and transparent environment for investors. Effective coordination decreases the risk of policy duplication, and contradictory objectives, which can undermine investor confidence.” “Policy goal 4: Transparent administrative and regulatory regimes. The level of transparency in decision-making and accessibility of the investors to engage in the consultations on regulatory change are the key determinants for the entry of new investment. Ability of the state to provide accurate and up-to date information on any aspect of investment activity gives the investor enough confidence to make sound and timely investment decisions and reduces the risk of biased decisions of institutions and staff.” See The Energy Charter Investment Facilitation Toolbox 1st edition on Policy Guidance for Investment facilitation in the pre-establishment phase. Energy Charter Secretariat, available at <energycharter.org/fileadmin/DocumentsMedia/Other_Publications/20171122-Investment_Facilitation_Toolbox.pdf> accessed on 20 December 2017.

62 Buschle, D and Talus, T, The Energy Community: A New Energy Governance System (Intersentia 2015) 3–9 Google Scholar.

63 Treaty Establishing the Energy Community, Arts 58–62; The Energy Community Regulatory Board. Energy Community, available at <www.energy-community.org/aboutus/institutions/ECRB.html> accessed on 20 December 2017.

64 The Western Balkan 6 Initiative. Energy Community, available at <www.energy-community.org/regionalinitiatives/WB6.html> accessed on 20 December 2017.

65 2015 Memorandum of understanding on a Joint approach to address the natural gas diversification and security of supply challenges as part of the CESEC initiative, available at <www.energy-community.org/regionalinitiatives/CESEC.html> accessed on 20 December 2017.

66 The Central and South-Eastern European Gas Connectivity. Energy Community, available at <www.energy-community.org/regionalinitiatives/CESEC.html>.

67 Joint Declaration of the 5th Eastern Partnership Summit 2017, available at <consilium.europa.eu/media/31758/final-statement-st14821en17.pdf> accessed on 20 December 2017; Annex I. of the Joint Declaration of the 5th Eastern Partnership Summit, available at <consilium.europa.eu/media/31758/final-statement-st14821en17.pdf> accessed on 20 December 2017.

68 EU4Energy. Energy Charter Secretariat, available at <www.energy-community.org/regionalinitiatives/EU4Energy.html> accessed on 20 December 2017.

69 EU4Energy. Energy Community, available at <www.energy-community.org/regionalinitiatives/EU4Energy.html> accessed on 20 December 2017.

70 EU4Energy. IEA, available at <www.energy-community.org/regionalinitiatives/EU4Energy.html> accessed on 20 December 2017.

71 Barcelona Declaration and Euro-Mediterranean partnership adopted at the Euro-Mediterranean Conference on 27-28 November 1995, available at <www.eeas.europa.eu/archives/docs/euromed/docs/bd_en.pdf> accessed 10 February 2017.

72 Joint Declaration of the Paris Summit for the Mediterranean Paris, 13 July 2008, available at <www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/er/101847.pdf> accessed 10 February 2017; Examples of cooperation: Construction of Tafila Wind Farm in Jordan; Launch of the SEMed Private Renewable Energy Framework “SPREF” intended to stimulate the development of private renewable energy markets in Morocco, Tunisia, Egypt and Jordan, available at <ufmsecretariat.org/wp-content/uploads/2016/11/UfM_SectoralReport_2016_EN_web1.pdf> accessed 10 February 2017; Leal-Arcas, R, The European Energy Union: The Quest for Secure, Affordable and Sustainable Energy (Claeys & Casteels 2016) 31 Google Scholar.

73 UfM Ministerial Declaration on Energy from 1 December 2016, available at <ufmsecretariat.org/wp-content/uploads/2016/12/UfM-Ministerial-Declaration-on-Energy.pdf> accessed 10 February 2017.

74 See EU Energy Diplomacy Action Plan. Council conclusions on EU Energy Diplomacy of 29 July 2015, supra, note 10; Council conclusions: Energy and Development of 28 November 2016, supra, note 13.

75 See Art 24.9 Trade favouring environmental protection “1. The Parties are resolved to make efforts to facilitate and promote trade and investment in environmental goods and services, including through addressing the reduction of non-tariff barriers related to these goods and services. 2. The Parties shall, consistent with their international obligations, pay special attention to facilitating the removal of obstacles to trade or investment in goods and services of particular relevance for climate change mitigation and in particular trade or investment in renewable energy goods and related services”. The CETA between Canada and the European Union and its Member States, available at <trade.ec.europa.eu/doclib/docs/2014/september/tradoc_152806.pdf> accessed 10 February 2017.

76 Textual proposal of a legal text on Energy and Raw Materials chapter in TTIP for the purposes of the EU-US negotiating round of 11–15 July 2016, made public on 14 July 2016 <trade.ec.europa.eu/doclib/docs/2016/july/tradoc_154801.pdf> accessed 10 February 2017; Transatlantic Trade & Investment Partnership Advisory Group, Meeting report, 23 June 2016, available at <trade.ec.europa.eu/doclib/docs/2016/august/tradoc_154838.pdf> accessed 20 March 2017, 5–8; Godzimirski, J, EU Leadership in Energy and Environmental Governance (Palgrave Macmillan 2015) 175–177 Google Scholar; C Squeglia and R Matarrazo, “The US-EU Energy Trade Dilemma” Istituto Affari Internazionali, available at <www.iai.it/sites/default/files/iaiwp1528.pdf> accessed 20 March 2017; Joint Statement EU-US Energy Council 2016, available at <ec.europa.eu/energy/sites/ener/files/documents/2016.05.04%207th%20Press%20statement%20final.pdf> accessed 10 February 2017.

77 Textual proposal of a legal text on Energy and Raw Materials chapter in TTIP for the purposes of the EU-US negotiating round of 11-15 July 2016, made public on 14 July 2016 <trade.ec.europa.eu/doclib/docs/2016/july/tradoc_154801.pdf> accessed 10 February 2017.

78 Chapter 11 of the EU-Vietnam FTA, Agreed text as of January 2016, available at: <trade.ec.europa.eu/doclib/docs/2016/february/tradoc_154228.pdf> accessed 10 February 2017; Chapter 7 of the EU-Singapore FTA. Authentic text as of May 2015, available at <trade.ec.europa.eu/doclib/docs/2013/september/tradoc_151742.pdf>.

79 Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC, OJ L 176, 15.7.2003, p 37–56.

80 Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p 55) and Directive 2009/73/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p 94); Zajdler, R, EU Energy Law: Constraints with the Implementation of the Third Liberalisation Package (Cambridge Scholars Publishing 2012) 133–135 Google Scholar.

81 International Coordination Group. CEER, available at <www.ceer.eu/eer_activities/icg> accessed 20 December 2017.

82 CEER’s International Activities: Core Strategy and Objectives. CEER, available at <www.ceer.eu/documents/104400/-/-/dd0d929a-fd7a-4cd1-94e6-d1d3df735457> accessed on 20 December; CEER 2017 Work Programme. CEER, available at <https://www.ceer.eu/documents/104400/-/-/26c81f1c-1923-c902-4aa8-744d94f0c99e> accessed 20 December 2017.

83 ibid.

84 ICER Inaugural Announcement. available at <www.icer-regulators.net/portal/page/portal/ICER_HOME/publications_press/Founding_Documents/ConfederationAnnouncement_100311.pdf> accessed 24 March 2017; Re-Thinking Regulatory Tools to Promote RES. ICER, available at <www.icer-regulators.net/portal/page/portal/ICER_HOME/publications_press/ICER_Brochures/Brochure_ICER_RES_VWG2_web.pdf> accessed on 24 March 2017; Renewables and new technologies: Competitiveness and affordability issues. ICER, available at <www.icer-regulators.net/portal/page/portal/ICER_HOME/publications_press/ICER_Brochures/Brochure_ICER_CaA_VWG3_web.pdf> accessed 24 March 2017.

85 The World Forum on Energy Regulation. ICER/WEFR, available at <https://www.wfer2018.org> accessed 24 March 2017.

86 MedReg, available at <www.medreg-regulators.org> accessed 20 October 2017.

87 MedReg. Annual Report 2016, available at <www.medreg-regulators.org/Portals/_default/Skede/Allegati/Skeda4506-159-2017.5.9/AR_2016.pdf?IDUNI=feuu1ssl1qwek2a2p5oli0ae8131> accessed 20 December 2017.

88 Since 2009, the CEM is a global forum between the private sector, public sector and non-governmental organisations from 24 countries and the EU Commission to accelerate transition to clean energy, energy efficiency and universal energy access, meeting annually in a high-level policy dialogue with energy ministers. See Clean Energy Ministerial, available at <www.cleanenergyministerial.org> accessed 20 October 2017.

89 Clean Energy Regulator Initiative. Clean Energy Ministerial/ Clean Energy Solutions Center, available at <cleanenergysolutions.org/ceri> accessed 20 October 2017.

90 International Smart Grid Action Network. Clean Energy Ministerial, available at <www.cleanenergyministerial.org/Our-Work/Initiatives/Smart-Grid/index.html> accessed 20 October 2017.

91 The 21st Century Power Partnership. Clean Energy Ministerial, available at <www.21stcenturypower.org> accessed 20 October 2017.

92 Total contributions from the EU and its member states to support developing countries it the implementation of the Paris Agreement, including reduction of greenhouse gas emissions as well as adaptation to impacts of climate change, amounted to €20.2 billion in 2016. Council conclusions on Climate Finance as well as Council conclusions on the Paris Agreement and preparations for the UNFCCC meetings confirmed EU’s determination to scale up climate finance to address the needs and support of the poorest and particularly vulnerable developing states. In line with the Paris Agreement, the EU puts great emphasis on the mobilisation of international climate finance as part of the collective developed countries’ goal to jointly mobilise USD 100 billion per year by 2020 through to 2025 for mitigation and adaptation purposes. See Commission (EU), Climate finance: EU and member states’ contributions up to €20.2 billion in 2016, Press Release of 17 October 2017, available at <www.consilium.europa.eu/en/press/press-releases/2017/10/17/climate-finance-eu/> accessed 20 December 2017; Council of the European Union (EU), Council Conclusions Implementing the EU Global Strategy – strengthening synergies between EU climate and energy diplomacies and elements for priorities for 2017 of 6 March 2017, available at <data.consilium.europa.eu/doc/document/ST-6981-2017-INIT/en/pdf> accessed 10 February 2017. See Council of the European Union (EU), Council conclusions on Climate Finance, 13 October 2017, available at <www.consilium.europa.eu/en/press/press-releases/2017/10/13/conclusions-paris-agreement-and-unfccc-meetings/pdf>; Council of the European Union (EU), Council conclusions on the Paris Agreement and preparations for the UNFCC meetings of 13 October 2017, available at <www.consilium.europa.eu/en/press/press-releases/2017/10/13/conclusions-paris-agreement-and-unfccc-meetings/pdf> accessed 20 March 2017.

93 “A quantum leap in European investment in Africa is also needed to support sustainable development. We will build stronger links between our trade, development and security policies in Africa, and blend development efforts with work on migration, health, education, energy and climate, science and technology, notably to improve food security.” See A Global Strategy for the European Union’s Foreign And Security Policy, supra, note 9, 36.

94 “The scale of financial investment needed to bring about universal access to safe and clean energy services requires the engagement of many actors. The EU and its Member States will increase their cooperation with all relevant stakeholders, including the private sector, on energy demand management, energy efficiency, renewable energy generation and clean technology development and transfer. They will support the improvement of regulatory frameworks conducive to a competitive and sustainable energy sector and to leveraging private finance. They will crowd in additional funds, including from the private sector and through innovative financing initiatives and instruments. Supporting Africa and the EU’s neighbourhood in this energy transition will be a part of the enabling framework for the EU’s Energy Union.” See New Consensus on Development, supra, note 11, § 46.

95 “The Council stresses the importance of ownership in partner countries of reinforced governance for meeting the needs in sustainable energy and for promoting an appropriate and transparent regulatory framework for the energy sector. The Council further stresses the importance of an enabling environment to overcome market distortions, financing obstacles and regulatory barriers that impede private sector engagement, including micro, small and medium enterprises (MSMEs). (…) The Council recognises the importance of technical assistance for reforming energy policy and institutional and legal frameworks.” See Council conclusions: Energy and Development of 28 November 2016, supra, note 13.

96 Commission (EU), Budget Support: Trends and Results, available at <ec.europa.eu/europeaid/sites/devco/files/budget-support-trends-results-2017_en.pdf> accessed 20 December 2017.

97 Commission (EU), COM(2016) 581 final: Strengthening European Investments for jobs and growth: Towards a second phase of the European Fund for Strategic Investments and a new European External Investment Plan, available at <eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52016DC0581> accessed 20 November 2017; European Council (EU), Conclusions of 28 June 2016. EUCO 26/16, available at <www.consilium.europa.eu/media/21645/28-euco-conclusions.pdf> accessed 20 November 2017; Regulation (EU) 2017/1601 of the European Parliament and of the Council of 26 September 2017 establishing the European Fund for Sustainable Development (EFSD), the EFSD Guarantee and the EFSD Guarantee Fund. OJ L 249, 27.9.2017, p. 1–16; Commission (EU), EU External Investment Plan: investing together in creating jobs and development, available at <ec.europa.eu/commission/external-investment-plan_en> accessed on 20 November 2017; Commission (EU), Your guide to the EU External Investment Plan, available at <ec.europa.eu/commission/sites/beta-political/files/external-investment-plan-guide-nov17_en.pdf> accessed 20 December 2017.

98 Commission (EU), Your guide to the EU External Investment Plan, available at <ec.europa.eu/commission/sites/beta-political/files/external-investment-plan-guide-nov17_en.pdf> accessed 20 December 2017.

99 Commission (EU), COM(2016) 581 final: Strengthening European Investments for jobs and growth: Towards a second phase of the European Fund for Strategic Investments and a new European External Investment Plan, available at <eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52016DC0581> accessed 20 November 2017.

100 Commission (EU), Meeting of the Strategic Board of the European Fund for Sustainable Development (EFSD) of 28 September 2017, available at <ec.europa.eu/commission/publications/meeting-strategic-board-efsd-28th-september-2017_en>.

101 Commission (EU), Africa Investment Facility 2016 Operational Report, available at <ec.europa.eu/europeaid/sites/devco/files/afif_report2016_web.pdf> accessed 20 December 2017.

102 Commission (EU), COM(2011) 637 final: Increasing the impact of EU Development Policy: an Agenda for Change, available at <ec.europa.eu/europeaid/sites/devco/files/agenda_for_change_-_com2011_637_final.pdf> accessed 15 April 2017; Commission (EU), “Energising Development”: Commission’s new initiative to help achieve energy access for all by 2030. Press Release, available at <http://europa.eu/rapid/press-release_IP-12-372_en.htm> accessed 20 December 2017.

103 Commission (EU), The European Union’s Technical Assistance Facility for the Sustainable Energy for All, available at <ec.europa.eu/europeaid/sites/devco/files/leaflet-taf-2015_en.pdf> accessed 20 December 2017.

104 Commission (EU), The ACP-EU Energy Facility, available at <ec.europa.eu/europeaid/sites/devco/files/publication-acp-eu-energy-facility-ec-2009_en.pdf> accessed 20 December 2017.

105 The ACP-EU Energy Facility improves access to energy services for the poor in rural and peri-urban areas (2009). See Commission (EU), The ACP-EU Energy Facility, available at <ec.europa.eu/europeaid/sites/devco/files/publication-acp-eu-energy-facility-ec-2009_en.pdf> accessed 20 December 2017.

106 Commission (EU), The European Union’s Technical Assistance Facility for the Sustainable Energy for All, available at <ec.europa.eu/europeaid/sites/devco/files/leaflet-taf-2015_en.pdf> accessed 20 December 2017.

107 Commission (EU), EU Energy Initiative Partnership Dialogue Facility, available at <www.euei-pdf.org/en/about-us> accessed 20 December 2017.

108 AEEP. Africa-EU Energy Partnership Status Report Update: 2016, available at <www.africa-energy.com/sites/default/files/AEEP-2016-final-web.pdf> accessed 20 March 2017; Africa-EU Strategic Partnership. The Joint Africa-EU Strategy, available at <www.africa-eu-partnership.org/sites/default/files/documents/eas2007_joint_strategy_en.pdf> accessed 20 March 2017.

109 Africa-EU Energy Partnership. Africa-EU Renewable Energy Cooperation Programme, available at <www.africa-eu-renewables.org/about-recp/how-we-work/> accessed 20 December 2017.

110 RECP. Market Information, available at <www.africa-eu-renewables.org/market-information/> accessed 20 December 2017.

111 The AfDB has developed in 2016 a new strategy for energy in Africa, “A New Deal for Energy in Africa”, which is built on five inter-related and mutually reinforcing principles: (i) raising aspirations to solve Africa’s energy challenges; (ii) establishing a Transformative Partnership on Energy for Africa; (iii) mobilising domestic and international capital for innovative financing in Africa’s energy sector; (iv) supporting African governments in strengthening energy policy, regulation and sector governance; and (v) increasing African Development Bank’s investments in energy and climate financing. See AfDB. A New Deal on Energy for Africa – Power, Potential and Partnership, available at <www.afdb.org/en/news-and-events/a-new-deal-on-energy-for-africa-power-potential-and-partnership-15310/> accessed 20 December 2017.

112 ICER, “Regulatory approaches to managing investment uncertainty”, available at <www.icer-regulators.net/portal/page/portal/ICER_HOME/publications_press/ICER_Reports/Reports_2012-2015/I14-SC-25-06_ICER%20VWG2%20Report_final_FOR%20PRINT.pdf> accessed 24 March 2017.