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The obligations of states and companies' in the field of European Energy Law

Title: The obligations of states and companies' in the field of European Energy Law

Diploma Thesis , 2020 , 28 Pages , Grade: 2

Autor:in: Julia Hoser (Author)

Politics - Region: Western Europe
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Summary Excerpt Details

This paper illuminates the relevance of European Union (EU) Energy Law and the responsibilities of States, companies and energy regulators in the EU. This relevance will be mainly in the light of EU regulations and packages, but also international Conventions applying to European actors will be tackled in this paper. First of all, the beginnings of the EU and why energy, especially coal and steel, played such a massive role from the very first start, will be pointed out. Secondly, the legal bases of EU Energy Law in force nowadays will be discussed and explained. Moreover, Energy Law is one of the rare areas where law, economy, politics, and more and more ecological affairs are rearranging the system. Thus, it will be referred to as the growing link between Energy law and Environmental policies and concerns.

Last but not least, attention will be drawn to the fact that many European Energy Companies operate outside of the EU for the exploitation of resources and how accountability is triggered on the territory of the European Union in the case of an accident happening outside of Europe. Therefore, the case of the Deepwater Horizon oil spill as the responsible company Beyond Petroleum (BP) is a British multinational business, with headquarters in London, will be briefly examined. To a greater extent, the primary intention of this paper is to generate a broader understanding of EU Energy Law and the necessity to secure and regulate it in order to safeguard our environment in a future of renewable energy sources.

Excerpt


Table of Contents

II. INTRODUCTION

III. A DEFINITION OF ENERGY

IV. ENERGY AND THE DEVELOPMENT OF THE EUROPEAN UNION

V. LEGAL BASES OF EU ENERGY LAW

VI. EU ENERGY LAW AND THE ENVIRONMENT

1. THE LINK BETWEEN EU ENERGY LAW AND THE ENVIRONMENT

2. EU CLIMATE CHANGE POLICY & LONG-TERM CLIMATE CHANGE POLICY CONCERNING EU ENERGY LAW

A. EFFICIENT ENERGY

B. ENERGY SECURITY

C. THE INTERNAL MARKET

D. RESEARCH, DEVELOPMENT AND COMPETITIVENESS

E. THE DECARBONIZATION OF THE ENVIRONMENT

3. SECURE AND SUSTAINABLE ENERGY

4. CLEAN AND EFFICIENT ENERGY

5. ENERGY EFFICIENCY

6. RENEWABLE ENERGY

VII. INTERNATIONAL CONVENTIONS APPLYING TO EUROPEAN ACTORS

7. THE ENERGY CHARTER TREATY

8. THE INTERNATIONAL ENERGY CHARTER

VIII. EUROPEAN ENERGY COMPANIES OPERATING OUTSIDE OF THE EUROPEAN UNION

IX. CONCLUSION

Objectives and Research Focus

This thesis examines the relevance of European Union Energy Law and the corresponding responsibilities of Member States and energy companies, focusing on the intersection between regulatory frameworks, environmental concerns, and corporate accountability for cross-border operations.

  • Evolution of EU energy policy from coal and steel origins to contemporary climate commitments.
  • Legal analysis of Article 194 TFEU as the foundation for modern EU energy regulation.
  • Integration of environmental protection and climate change mitigation into energy policy.
  • Evaluation of corporate responsibility and safety standards following cross-border environmental disasters.
  • Assessment of international frameworks like the Energy Charter Treaty in the European context.

Excerpt from the Book

VIII. European Energy Companies operating outside of the European Union

Often European-run energy businesses operate outside of Europe’s territory to exploit energy resources on third-country terrain. The primary concern in this constellation is the question how the accountability is triggered on the territory of the EU in the case of an accident happening outside of the EU’s territory. One of those companies is “BP”. BP is a British multinational company, with its headquarter in London. Some parts of the business are operating under the legal form of a Public Limited Company others under the legal entities of a Societas Europaea. Their main area of work is in the field of oil and gas upstream and downstream, but also wind energy and biofuels are fostered by BP. In order to demonstrate how the above-mentioned accountability is triggered, the Deepwater Horizon accident will be taken as an illustration.

In 2010 the oil drilling rig called “Deepwater Horizon” was drilling for BP in the Macondo Prospect in the Gulf of Mexico, 64 kilometers away from offshore to gain oil to produce energy with it as a result. On April 20, 2010, the drilling rig exploded and resulted in the loss of 11 lives of workers on the Deepwater Horizon and the largest oil spill ever caused by offshore oil drilling operations. For almost three months, four million barrels of oil streamed from the marine oilfield. Four Barrels are about 635.9492 liter. The accident was due, to running weeks behind schedule and the linked loss of millions of dollars that came with it. However, the central cause of the explosion was a failure of the cement at the base of the 5 kilometers deep well, which was supposed to enclose gas and oil inside the wellbore. The United States filed a complaint against BP on December 15, 2010. As a response to this environmental disaster, the U.S National Response Team draw the conclusion that substantial enhancements needed to be made in terms of precautionary technology and oil spill response procedures.

Summary of Chapters

II. INTRODUCTION: Provides an overview of the thesis, outlining the relevance of EU energy law and the dual focus on internal regulation and external corporate responsibility.

III. A DEFINITION OF ENERGY: Defines energy as a foundational, non-physical commodity essential for modern living, production, and economic stability.

IV. ENERGY AND THE DEVELOPMENT OF THE EUROPEAN UNION: Traces the origins of European cooperation through the ECSC, illustrating how coal and steel management laid the groundwork for the modern EU.

V. LEGAL BASES OF EU ENERGY LAW: Discusses the central role of Article 194 TFEU and other relevant protocols in structuring the internal energy market and defining EU competences.

VI. EU ENERGY LAW AND THE ENVIRONMENT: Analyzes the convergence of energy and environmental policies, focusing on climate targets, renewable energy promotion, and efficiency strategies.

VII. INTERNATIONAL CONVENTIONS APPLYING TO EUROPEAN ACTORS: Explores multilateral frameworks, specifically the Energy Charter Treaty, and their role in global energy cooperation.

VIII. EUROPEAN ENERGY COMPANIES OPERATING OUTSIDE OF THE EUROPEAN UNION: Examines how the EU holds companies accountable for environmental disasters occurring outside its territory, using the Deepwater Horizon case as a primary example.

IX. CONCLUSION: Summarizes the necessity of stringent EU energy policies for achieving climate neutrality by 2050 and maintaining ethical corporate accountability.

Keywords

European Union, Energy Law, Climate Change, Renewable Energy, Article 194 TFEU, Environmental Policy, Energy Security, European Coal and Steel Community, BP, Deepwater Horizon, Offshore Operations, Corporate Accountability, Energy Efficiency, Sustainability, Internal Market.

Frequently Asked Questions

What is the core subject of this thesis?

The thesis explores the scope and impact of European Union Energy Law, specifically regarding the obligations of Member States and the accountability of European energy companies operating internationally.

What are the primary thematic areas covered?

The main themes include the history of EU energy cooperation, the legal bases of energy policy (Art. 194 TFEU), the intersection between energy production and environmental protection, and maritime safety regulations.

What is the primary research goal?

The primary intention is to generate a broader understanding of how EU energy regulations are used to secure and regulate the energy sector to safeguard the environment and transition to renewable sources.

Which scientific methods are employed?

The research relies on an examination of EU legal frameworks, Directives, international treaties, and a case-study analysis of the Deepwater Horizon oil spill to illustrate corporate liability.

What does the main body address?

It covers the historical development, the legal foundations of energy law, climate strategies like the "20-20-20" targets, and the regulatory response to major industrial accidents.

Which keywords characterize this work?

Key terms include EU Energy Law, renewable energy, climate policy, Article 194 TFEU, corporate accountability, and environmental safety.

How did the Deepwater Horizon disaster influence EU law?

It prompted the EU to adopt the Directive 2013/30/EU, which mandates stricter safety requirements and reporting duties for energy companies, even when they operate in foreign territories.

What is the significance of the Energy Charter Treaty in this paper?

It serves as an example of a multilateral framework that facilitates energy cooperation and dispute settlement, demonstrating how international law complements EU internal regulations.

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Details

Title
The obligations of states and companies' in the field of European Energy Law
College
University of Vienna  (Institut für Europarecht, Internationales Recht und Rechtsvergleichung)
Grade
2
Author
Julia Hoser (Author)
Publication Year
2020
Pages
28
Catalog Number
V1274027
ISBN (PDF)
9783346723055
ISBN (Book)
9783346723062
Language
English
Tags
European Energy Law
Product Safety
GRIN Publishing GmbH
Quote paper
Julia Hoser (Author), 2020, The obligations of states and companies' in the field of European Energy Law, Munich, GRIN Verlag, https://www.grin.com/document/1274027
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