Changing EU Energy Legislation: Practical Scenarios for Strengthening the EU-Russia Energy Partnership. Energy Roundtable Discussion.Date: 04.02.2010 Conceptual Background The energy trade between Russia and the countries of the European Union (EU) is of fundamental significance for the energy security as well as the economic well being of each party. Russia is the EU’s largest supplier of natural gas, a significant oil supplier to the 27 country-strong EU bloc, while the Union is Russia’s core energy export market, particularly for natural gas. This relationship is unlikely to be altered in the near term. Despite the close proximity of the EU-Russia energy relationship, however, the legal and political basis underpinning this relationship, particularly with regards to the gas trade, has proven itself inadequate in guaranteeing the energy security of both parties. The Energy Charter Treaty, for example, has not been able to prevent costly transit disputes between Russia and Ukraine for example, and has been unable to develop into a steadfast confidence building instrument. Brussels and Moscow have been employing their formal institutions of Energy Dialogue more as a means of defusing crisis, as opposed to working towards a common position on energy security. Some voices perceive elements of the European Commission’s 3rd Energy Package as being detrimental to Russian interests, whilst Ukraine’s ongoing negotiations for accession to the EU sponsored Energy Community Treaty aims to incorporate Ukraine into the framework of EU energy legislation. With Russia’s recent announcement of its intention “of not becoming a member” of the Energy Charter Treaty, and while negotiations over a new EU-Russia Partnership and Cooperation Agreement remain on the drawing board, much political and institutional uncertainty clouds the future of the EU-Russia energy relationship. Whilst in April of last year Russia announced a conceptual initiative advocating for a new legal solution to the present incongruence between energy producers, consumers and transit states inherent in the Energy Charter process, the parameters and scope of such efforts remain unclear. This likewise puts under question Ukraine’s future as the key transit corridor for Russian gas to Europe, given that Kiev is likely to become part of EU energy legislation (once it accedes to the Energy Community Treaty) quicker than a legally binding multilateral solution for transit disputes is found (especially with regards to the capacity of such legal instruments to act as an early warning or crisis prevention mechanism). This could have major implications on Ukraine’s future role as a transit state. Russia, in the meantime, appears set to bypass Ukraine altogether, envisaging that a new multiparty transit agreement is unlikely. Moscow is therefore likely to move forward with its own transit avoidance projects, predominantly the Nord Stream and South Stream gas pipelines. In the meantime, as Europe endures another winter, one begs to ask the question: how secure are our energy supplies ? Changing EU Energy Legislation: Practical Scenarios for Strengthening the EU-Russia Energy Partnership.
Energy Roundtable Discussion
Draft Program
Institute of World Economy and International Relations
Moscow
26 February 2010
Session I: 11.00 – 13.00. Changing EU Energy Legislation and the Brussels-Moscow Relationship: The key aspects. Topics: • Implementing the 3rd gas and electricity directive: implications for Russia • Ukraine’s accession to the Energy Community Treaty: implications for all parties • The nature of the EU-Russia energy relationship beyond the Energy Charter process: what, if any changes can be expected ? • A new Russian conceptual framework for energy security: producer and consumer interests taken on equal footing • The basis for an effective energy dialogue through a new PCA: the key elements Refreshments Break Session II: 14.00 – 16.00. Intended practicalities towards the strengthening of transit regimes through third countries Topics: • Is a gas transit consortium a possible solution for the management of gas transportation infrastructure in third countries ? • What likelihood for a new EU-Russia transit agreement outside of the Energy Charter framework ? is such an agreement necessary ? • Can an external early warning crisis prevention instrument emerge out of strategic discussions in view of modernising the Energy Charter ? • Rehabilitating gas transport infrastructure through privatisation: the pros and cons of proposed management and ownership reform of Ukraine’s gas transport operator Moderator: Prof Nodari Simonia, Director, Centre for Energy Studies, Russian Academy of Sciences Speakers: Vladimir Feigin, Principal Director, Head of Energy Department, Institute of Energy and Finance Andrei Konoplyanik, Former-Deputy Secretary General, Energy Charter Secretariat Konstantin Simonov, Director General, Russian National Energy Security Foundation Tatiana Mitrova, Head, Centre for International Energy Market Studies, Russian Academy of Sciences Anatoly Zolotukhin, Deputy-Rector for International Relations, Gubkin State University for Oil and Gas Michael Webb, Deputy Head, European Commission Delegation in Russia Dr Urban Rusnak, Project Leader, Project External Energy Security of the Slovak Republic, Ministry of Foreign Affairs of Slovakia Michael Gonchar, President, Centre for Global Studies, Kiev Sergei Seliverstov, Senior Lecturer, Energy Law, MGIMO Dr Andrey Krivorotov, Secretary, Board of Directors, Shtockman Development AG Elena Medvedeva, Senior Energy Policy Officer, Gasunie, Moscow Marcelina Golebiewska, Senior Russia/CIS Analyst, Polish Oil and Gas Company Marat Terterov, Former-Senior Adviser, Energy Charter Secretariat
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