Cross Border Infrastructure Projects: The EU Exemption Regime

Abstract

This paper examines the challenges to creating sufficient cross border infrastructure to realise the European Union’s ambitions for the creation of a genuine and low carbon European energy market. In particular the relevant regulatory framework for cross border infrastructure has developed in a piecemeal fashion and many projects have in fact benefitted from an exemption procedure from important pillars of the EU energy market, including the requirements of third party access on a regulated basis. The paper reviews and critically assesses the exemption procedures for these co-called ‘merchant projects’under the current and future legislation.

Keywords: European energy law; gas, electricity, infrastructure, cross border, projects, ACER, unbundling, EU regulation

JEL Classification: K 20, K23, L43, L5, L94, L95