Barcelona European Council agrees compromise deal on the liberalisation of electricity and gas markets, March 2002

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Publication Date 06/04/2002
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Plans to open up Europe's electricity and gas markets to competition were re-energised at the European Council in Barcelona on 15 and 16 March 2002 but only businesses can be sure of reaping any benefits, domestic consumers will have to wait.

Heads of governments at the European Council summit reached a compromise deal after a lengthy period of negotiations since the European Commission produced new proposals in a Communication on completing the internal energy market [COM(2001)125] on 13 March 2001.

The compromise was one of the key results of the Barcelona European Council and although the agreement falls short of full liberalisation of the two markets it does herald another important step forward in the EU's efforts towards economic liberalisation. It is also seen as important part of achieving the Lisbon goal of becoming the most competitive economy in the world by 2010.

Background

Efforts by the European Union to deregulate the EU's energy markets began in 1995 with the issuing of a Green Paper entitled "For a European Union energy policy" [COM(1994)659 final] and subsequently, a White Paper named "An energy policy for the European Union" [COM(1995)682 final] which listed "overall competitiveness" as one of three strategic objectives for future EU energy policy.

In pursuit of this objective, two directives were adopted, one in 1996 and one in 1998, which established common rules for electricity (Directive/96/92/EC) and gas (Directive/98/30/EC) respectively. These envisaged a series of measures to provide for a fully liberalised and competitive market in both sectors by 2008.

Following the Lisbon European Council in March 2000 and the decision to aim for a "complete and fully operational internal market" the European Commission intensified its efforts to liberalise the energy market. In May 2000, it produced a Communication on "Recent progress with building the internal electricity market" [COM (2000)297 final], which was followed by a Green Paper [COM (2000)769 final] in November 2000 on energy supply security. While the latter clearly addressed a different area of energy policy and another of the three objectives outlined in 1995, it did refer to the issue of the internal market, arguing that a fully liberalised market would contribute to the security of the EU's energy supply.

The culmination of these efforts was the publication of a new set of proposals on 13 March 2001 under the banner "Completing the internal energy market" with the key aim that of accelerating the process of liberalising both market sectors so that all consumers (both business and domestic) would be able to choose their suppliers by 2005. The Communication also suggested measures for ensuring security of supply and a range of initiatives to establish a genuine pan-EU market in gas and electricity.

A more detailed discussion of this Communication and the background to the EU's efforts to liberalise the gas and electricity sectors can be found in an earlier European Sources Online: In Focus: European Commission launches new proposals to complete by 2005 the internal electricity and gas markets, March 2001

Stockholm to Barcelona

Soon after the European Commission published these proposals, the Member States of the European Union met for the European Council in Stockholm on 23 and 24 March 2001. The proposals for liberalising the electricity and gas markets were discussed at the summit but little progress was made. Member States were unable to reach a deal on the proposals and even a decision on the timeframe could not be achieved.

Instead, the Member States endorsed the proposals but put off taking any decisions until the Spring European Council in 2002 following a further report from the European Commission on

the situation in these sectors, thereby ensuring that the implementation of any means of liberalisation would create no distortions of competition.

The key opponents to the proposals were France and Germany. France is the only EU Member State which still has a major state-owned power utility, Electricité de France (EDF), - a major business operating not only in France but across Europe too - and a state owned gas company, Gaz de France. Even by the end of 2001, despite mounting pressure from fellow EU governments and the European Commission, France continued to resist selling off Gaz de France removing mention of gas privatisation from next year's budget. Clearly, the French government feel they cannot risk such a sensitive move in election year.

Meanwhile, Germany has edged towards supporting the deregulation of the EU's energy markets with Germany's partners agreeing to the use of its cartel office to supervise the new regime rather than having to set up a different national energy regulator as the other Member States are doing.

With Germany's backing looking more likely and the Spanish Presidency keen to inject some momentum into the liberalisation process the European Commission stepped up the pace at the beginning of 2002, increasing the emphasis through a series of speeches by Frits Bolkestein, Mario Monti, and Loyola de Palacio who stated,

"the Commission finds it essential that the Barcelona Council decides the dates and framework for the final stage of the liberalisation of electricity and gas markets'
European Commission: Speech: SPEECH/02/50

As Barcelona approached, it was clear that the energy liberalisation proposals would be high on the agenda, but there remained the question of what progress could be made with France clearly still opposed to the idea.

Compromise deal: Internal market for businesses but not for domestic consumers

At the European Council meeting it was, as is frequently the case, a series of trade-offs which led to an agreement on a deal for completing the internal markets for electricity and gas. The Member States supporting the deregulation were able to win over France by agreeing to delay a decision on the liberalisation of the domestic consumer market until next year and committing themselves to produce EU laws which would protect "public interest services". Germany's support was won by agreeing that the creation of an independent national regulator was not needed.

As a result, the pending proposals for fully opening up the electricity and gas markets should be adopted "as early as possible in 2002". The key aspects of the agreement, as stated in the Presidency Conclusions were:

  • Freedom of choice of supplier for all European non-household consumers as of 2004 or electricity and gas
  • Before the Spring European Council in 2003, a decision should be taken on further measures taking into account the definition of public service obligations, security of supply and in particular the protection of remote areas and of the most vulnerable groups in the population
  • Separation of transmission and distribution from production and supply;
  • Non-discriminatory access for consumers and producers to the network, based on transparent and published tariffs;
  • Establishment in every Member State of a regulatory function, within the appropriate regulatory framework, with a view to ensuring in particular effective control of the tariff-setting conditions.
  • The target for Member States of a level of electricity interconnections should be equivalent to at least 10% of their installed production capacity by 2005. Financing requirements should be met mainly by the enterprises involved;

In addition, the European Council called on the European Commission to update its report on the effective opening of the internal market annually before every Spring European Council so that effective progress can be assessed. It also urged for the adoption by December 2002 of the revision of the guidelines and accompanying financial rules on Trans-European Energy Networks (TEN). Finally, it suggested that the Spring European Council in 2006 would provide the opportunity to analyse the global performance of the European internal energy market and specifically:

  • the degree of transposition of the regulatory framework
  • its effects on consumer protection
  • infrastructure investments
  • effective integration of markets and interconnections
  • competition and environment

Speaking at the summit, Spanish Prime Minister, Jose Maria Aznar, presiding over the European Council, called the agreement a significant and fundamental step, saying,

We have guaranteed competition and better and lower cost services in such a vital sector"

Indeed, while it may appear to many that the compromise deal is just a halfway measure because domestic consumers are yet to be included, the business market accounts for at least sixty per cent of the total market. Moreover, the move is likely to generate at least €250 billion a year in business through greater cross border competition because of the current price differential between countries with electricity in Portugal and Italy two or three times more than in Germany.

Aside from the practical implications, the agreement is also important in terms of the European Union's greater goals of completing the internal market and achieving Lisbon's goal of becoming the world's most competitive economy by 2010. Although much will depend on the success of liberalisation in the business sector as well as domestic politics, such as the results of the 2002 French elections, before Europe's household users are able to benefit, full liberalisation of the electricity and gas markets certainly moved a step closer in Barcelona.

Further information within European Sources Online:

European Sources Online: Topic Guides
Energy policy
TransEuropean Networks
European Sources Online: In Focus
European Commission launches new proposals to complete by 2005 the internal electricity and gas markets, March 2001
European Council, Barcelona, 15-16 March 2002
 
European Sources Online: European Voice:
28.02.02: Electoral paralysis must not be allowed to stand in way of political breakthrough
28.02.02: Divisions threaten Barcelona success
28.02.02: 'Concrete commitments' will speed single-market power to the people
14.03.02: Prodi: EU needs energy market result at summit
21.03.02: French take energy deal away from low-key summit
 
Previous European Voice articles can be found in the March 2001 In Focus
 
European Sources Online: Financial Times
28.11.01: Europe urged to boost liberalisation
14.03.02: Power games
14.03.02: EU Parliament backs measures to aid energy liberalisation
16.03.02: Energy groups are high on the agenda at the EU summit, and this may not be good news for investors [FT.com]
18.03.02: Barcelona bore
18.03.02: Business users' agreement falls short of full liberalisation
18.03.02: EU leaders take positive view of talks outcome
 
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EU Institutions

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European Commission: DG Press and Communication
Press Releases:
16.01.01: Loyola de Palacio calls for further liberalisation of gas and electricity markets [IP/01/59]
30.01.01: Loyola de Palacio sets out the conditions for successful gas and electricity liberalisation [IP/01/132]
12.03.01: UK-French electricity interconnector opens up, increasing scope for competition [IP/01/341]
04.02.02: Towards a regulated competition in European energy markets [IP/02/189]
Memos:
13.09.00: Commission welcomes gas liberalisation first results [MEMO/00/52]
12.03.01: Role of interconnectors in the electricity market. A competition perspective [MEMO/01/76]
Speeches:
29.01.01: The creation of a fully operational Energy Market (SPEECH/01/34)
07.02.02: Opening up the transport and energy sectors in Europe; time to decide [SPEECH/02/50]
08.02.02: Opening up the Energy Market and Securing Energy Supply in Europe [SPEECH/02/53]
07.03.02: The single energy market: the relationship between competition policy and regulation [SPEECH/02/101]
 
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  Electricity prices in the EU between 1998 and 2000 (No.82, 2000)
  Natural gas prices in the EU between 1998 and 2000 (No.84, 2000)
 
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Council of the European Union:
20.03.02:    European Council, Barcelona, 15-16 March 2002: Presidency Conclusions
 
International Organisations
 
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National Organisations

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Non-governmental Organisations

International Federation of Industrial Energy Consumers (IFIEC)
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  Completion of the internal energy market: The view of industrial energy consumers [September 2000]
  Completion of the internal energy market: The view of industrial energy consumers [October 2001]
  A Long-term Vision of a Fully-operational Single Market for Gas in Europe - The view of European industrial energy consumers [November 2001]
  The completion of the internal gas market in Europe - Position paper in view of the Council meeting in Barcelona on March15, 2002 [February 2002]
 
EURELECTRIC
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Press Release:
  13.02.01: EU energy markets: Eurelectric points up the essential elements for successful accelerated liberalisation
  11.06.01: Natural gas: Eurelectric calls for parallel market opening with electricity, outlines key elements to promote fair competition
Position Paper:
  On the further liberalisation of the electricity markets [February 2001]
  Comments on the Draft EP Report Relating to the Draft Electricity and Gas Directive [February 2002]
Speeches
  Liberalisation of gas and electricity: similarities and differences [June 2001]
 
Union of Industrial and Employer's Confederations in Europe
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18.03.02: UNICE: Satisfaction but also questions bout the results of Barcelona
 
European industrial relations observatory online
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Liberalisation of electricity market to cost 1,700 jobs? [March 2001]
 
Freshfields Bruckhaus Deringer
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  Liberalisation of energy markets: the EU perspective [November 2001]
 
Climate Network Europe
Liberalisation sped up to encourage eastern nukes? [March 2001]
Letter to MEPs on amendments to the liberalisation legislation [February 2002]
 
EUROGAS
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European Energy Foundation
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European Federation of Public Service Unions
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24.03.01: EU summit winds up
06.12.01: France delays gas sale
16.03.02: EU summit agrees key reforms
18.03.02: EU half-opens power market

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Helen Bower
Compiled: 6 April 2002

EU leaders agreed at the Barcelona European Council on proposals from the European Commission to complete the internal energy market for electricity and gas.

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