Energy and natural resources law Books

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Book SynopsisOver the past decade, upstream activities have increased significantly in Brazil. However, companies that succeed in finding oil or gas are faced with a myriad of questions to consider. Can they export their hydrocarbons? Do they have the necessary infrastructure in place? Do they need to build this? If so, how? Can they refine their products in Brazil? What is the market for those products? What regulation is involved? How can they reach the final consumer in the petrol station? This practical new handbook aims to provide the answers to each of these questions. A companion to Brazilian Upstream Oil and Gas, the book features chapters by highly respected Brazilian and international professionals, including experts from Baker Botts, Pinheiro Neto, Vieira Rezende, Veirano Advogados and Machado Meyer. Their insights offer reliable guidance for international investors - and the lawyers assisting them - when considering investment in Brazil, particularly for those who are unfamiliar with the country’s legal system. In combination with Brazilian Upstream Oil and Gas, this book will provide essential knowledge for any reader in understanding petroleum law and regulation in Brazil, from the field to the petrol station.Table of ContentsPreface 5 Andrew B Derman Thompson & Knight LLP Introduction 7 Dr Eduardo G Pereira STR Holding General principles of Brazilian law 9 Décio Pio Borges de Castro Marcelo Viveiros de Moura Pinheiro Neto Key stakeholders 27 Luis Pacheco Veirano Advogados Regulatory framework 41 Felipe Rodrigues Caldas Feres Giovani Ribeiro Loss Nilton Gomes de Mattos Neto Larissa de Faria Toledo Mattos Filho International gas and LNG sale and purchase contracts 63 Hannah Longley Baker Botts Pipeline contracts for gas and liquids 83 Igor de Souza Tostes Luis Antonio Menezes da Silva Alexandre Montoni Eduardo Dodsworth Tranjan Villemor Amaral Advogados Infrastructure 107 Alexandre Carlos Camacho Rodrigues National Agency of Petroleum Carlos Maurício Maia Ribeiro Vieira Rezende Advogados Distribution network 119 Felipe Rodrigues Caldas Feres Giovani Ribeiro Loss Nilton Gomes de Mattos Neto Larissa de Faria Toledo Mattos Filho Gas stations 135 Edmar Luiz Fagundes de Almeida Marcelo Colomer Federal University of Rio de Janeiro Environment 157 Luis Pacheco Veirano Advogados Taxation 177 Camila Galvão Anderi Silva Diogo Martins Teixeira Fernando Tonanni Machado, Meyer, Sendacz e Opice Advogados Joint ventures 193 Jose Virgilio Enei Daniel Szfyman Machado, Meyer, Sendacz e Opice Advogados Law and jurisdiction 215 Marcelo Viveiros de Moura Luis Cláudio Furtado Faria Pinheiro Neto About the authors 233

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Book SynopsisWhat should a country do if it suddenly discovers oil and gas? How should it spend the subsequent cash windfall? How can it protect against corruption? How can citizens truly benefit from national wealth? With many of the world's poorest and most fragile states suddenly joining the ranks of oil and gas producers, these are pressing policy questions.Oil to Cash explores one option that may help avoid the so-called resource curse: just give the money directly to citizens. A universal, transparent, and regular cash transfer would not only provide a concrete benefit to regular people, but would also create powerful incentives for citizens to hold their government accountable. Oil to Cash details how and where this idea could work and how policymakers can learn from the experiences with cash transfers in places like Mexico, Mongolia, and Alaska.

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Book SynopsisReliance on natural resource revenues, particularly oil, is often associated with bad governance, corruption, and poverty. Worried about the effect of oil on Alaska, Governor Jay Hammond had a simple yet revolutionary idea: let citizens have a direct stake. The Governor's Solution features his first-hand account that describes, with brutal honesty and piercing humour, the birth of the Alaska Permanent Fund dividend, which has been paid to each resident every year since 1982. Thirty years later, Hammond's vision is still influencing oil policies throughout the world.This reader, part of the Center for Global Development's Oil-to-Cash initiative, includes recent scholarly work examining Alaska's experience and how other oil-rich societies, particularly Iraq, might apply some of the lessons. It is as a powerful reminder that the combination of new ideas and determined individuals can make a tremendous difference —even in issues as seemingly complex and intractable as fighting the oil curse.

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Book Synopsis

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Book Synopsis

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Book SynopsisThis book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Energy has always been a potential positive European cooperation and integration factor. Providing zero-carbon power to homes and businesses across the EU will require an open market in electricity, underpinned by both upgraded and new trans-national transmission networks. Building this network in time to meet the 2050 challenge will require action now. Supergrid will allow Europe to transform its present energy system, still mainly based on fossil fuels, to one that is sustainable since it will not only be able to optimise all generation (energy mixes) of the Member States but will also be able to integrate all renewable energy sources that Europe wishes to exploit. This book will show that the above could be implemented today if there was the political will do so followed by the implementation of the necessary regulatory instruments. The different chapters will lead us through the period when the idea of a European Supergrid was just a vision to the reality of the technological developments that make it possible to have such a transformed energy system in the near future. Europe can afford a transformed energy system. Investing in all these new technologies that can limit global warming to 2°C has, of course, a cost but the cost of doing nothing would be much higher and not only in terms of money.

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Book SynopsisGas represents a pivotal element of the European energy architecture. New elements such as the evolution of the EU Energy Union, the international climate agreement reached at COP-21, the EU-Russia gas relations in the aftermath of the Ukraine crisis and the supply potential emerging in the Eastern Mediterranean, are rapidly reshaping the European gas markets. This book seeks to provide an insight into these developments, with the ultimate aim of contributing to the current European gas debate. The book provides a balancing act between two issues—decarbonisation of the European energy system, and security of gas supply—that are usually conceived as different but actually represent two sides of the same coin.

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Book SynopsisThis book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Recent developments both in Turkey and its immediate neighbourhood have brought into sharp focus Turkey’s pivotal role in a region that has become increasingly challenging to the EU. These developments, for example, have prompted Ankara to declare more of an independent course of action both domestically and regionally and hasten into a détente with Russia. As a result, considerations of Turkey’s European future have been eclipsed by concerns about Ankara’s preference to aspire to being an independent regional power. Along with those about Turkey’s orientation, time-honored existential questions are being raised again: Is Turkey a border, a buffer, or a bridge between the EU and the Middle East? This book moves beyond the ‘identity’ debate between Turkey and the EU, and offers a guide at this critical time for drawing lessons from a rigorous examination of divergence and convergence between the EU and Turkey in three significant policy areas. The result of a focused research project conducted by a team of international policy experts from the Central European University (Budapest) and Sabanci University (Istanbul), the studies included in this volume suggest alternative scenarios regarding how Turkey and the EU might jointly develop effective energy, transport, and competition policies, regardless of Turkey’s EU candidacy status. These studies show how geo-strategic realities ultimately require Turkey to cooperate with the EU on a number of policy issues, despite Ankara’s rhetoric to the contrary. Turkey’s role as an energy supplier to the EU has never been dropped from Ankara’s policy agenda. More recently, the Turkish government has been announcing how its investments in the third bridge across the Bosporus would help to release untapped potential of land-based trade between Europe and Asia. Regardless of the current divergence of political visions, Turkey’s policy aims, at least in the three policy areas examined, foresee coordination, if not cooperation, with the EU.

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Book SynopsisThis book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. This book focuses on the EU ETS, the European Union Emissions Trading Scheme, backbone of the European Union strategy to combat climate change, and its industry competitiveness implications. In the light of the discussion of the revision for the coming years, it aims to provide a toolbox of key elements to understand its functioning and to reflect on crucial improvements. Specifically, besides a general overview of the first phases of the scheme and current difficulties, the book aims to (i) deploy an energy-intensive, sector-level analysis, with both reference to academic literature (ex ante and ex post studies, paying special attention to the underlying assumptions) and stakeholders positions on the carbon leakage issue; (ii) present an overview of the existing ETS policy measures and worldwide experiences; (iii) reflect on the ongoing reform for the post-2020 period, starting from the European Commission’s proposal and entering the technical and political debate taking place within the European institutions. “The EU ETS and the European industry competitiveness” provides the reader with a full understanding of the system, presenting problems, policy options, design aspects and global insights. It aims to identify potential improvements and to draw lessons for the coming years and the future phases, assessing if the current reform is actually on track to adequately protect business competitiveness.

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Book SynopsisThe EU’s gas market is at the very centre of the energy union, and is changing faster than ever before. Indeed, the European Council has stressed repeatedly the EU’s priority of ensuring its gas security, promoting liquid and competitive gas markets across the whole of the EU. The commission has already proposed a revision to the gas security of supply regulation and negotiations are close to finalisation. Earlier this year, the Commission published an ‘LNG Strategy’. In terms of market integration, the progressive adoption of grid codes is further integrating markets, and the emergence of active trading hubs in North West Europe, is seeing the emergence of similar liquid markets throughout the EU. The EU has also been actively pursuing its aim of diversifying its sources of gas supplies, making progress in bringing the southern corridor to fruition, and is actively looking at other potential suppliers, for example in the Eastern Mediterranean. And in the competition policy field the commission has equally been active, scrutinising the behaviour in particular of companies holding dominant positions in parts of the EU. This volume, introduced by EU Energy Commissioner Miguel Arias Cañete, brings together commentary and analysis by some of the leading commission officials, lawyers, and industry figures on all of these issues, offering a comprehensive overview of the challenges faced by the EU, its response, and the future direction of EU gas policy. 'The Role of Gas in the EU's Energy Union', edited by Christopher Jones, Deputy Director-General of the Directorate General for Energy at the European Commission, is the result of collaboration between its authors to contribute to the debate in this area and to raise money for charitable causes. 100 Euros per copy will be donated to the Donna Louise Trust, a children's charitable hospice that provides comfort and assistance to children with life-limiting conditions as well as their families.

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Book SynopsisNavigating the challenges of a low carbon Europe: energy market regulation, the future of RES, and ensuring security of supply. This book provides an insight into some of the most significant issues presented at the Florence School of Regulation and Hellenic Energy Regulation Institute’s joint conference on European energy law and policy, which took place in September 2016 in Athens, Greece. The purpose of the conference was to provide a comprehensive analysis of the current status of the European and Greek energy sector, and the issues it faces, from both a legal and economic perspective. The discussions included an assessment of the low carbon challenges for Europe, examining the future of renewable energy systems and support mechanisms, electricity market design, and the current regulatory framework of the gas and electricity markets in Greece. Finally, the discussions turned to the future role of distribution system operators, both in their function as independent supervisors of the electricity market and their evolving relationship with the transmission system operators. Highlights: Provides comprehensive analysis of the current European and Greek energy sector. Includes assessment of the low carbon challenges. Future role of DSO’s. Evaluates the prospects if future energy law developments.

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Book SynopsisThis comprehensive book on the European energy transition has been written by more than 40 European leading energy- and climate experts. It reflects on the latest policy developments, as such as the Clean Energy for All Europeans Package, the Green Deal and the Climate Law. The energy transition is Europe’s flagship projects. It needs to provide sound answers to the climate and sustainability-, security of supply- and competitiveness imperatives. The energy transition corresponds to a large scale economic and cultural change. It encompasses sector coupling- linking up sectors that have ignored each other previously, like mobility and power. What is the meaning of digitalization, and how to face cyber-security risks? Can Europe deliver a 50-55% decrease in Greenhouse Gas Emissions, as is the agenda of the new von der Leyen Commission? This 2nd edition is not only updated, but also augmented with three new chapters : the first focusses on a European cross border carbon adjustment proposal (by Genevieve Pons, Pascal Lamy and Pierre Leturcq). This mechanism is a center piece in the European Green Deal and as such debated intensively. Two other chapters present the value-add and next steps for European network codes and guidelines (Alexander Dusolt, Leonardo Meeus). The book analyses the factors driving change: where are we on climate and sustainability, competitiveness and market, and security of supply? It presents the actors: what genesis of and what contemporary institutions for European energy policy, how is energy addressed by the national and by the European; what about the active customer paradigm and the many startups and business models changing, as well as NGOs? It investigates sectors: power, gas, mobility and the powerful push from digitalization.

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Book SynopsisAt the end of 2018 the EU agreed a wholesale overhaul of EU electricity laws with the 'Gas Market Design' package. The aim is to bring EU electricity law up to date, taking account of its aim to become completely decarbonised by 2050, and to deal with the rapidly increasing level of intermittent renewable electricity in the network. The share of electricity produced by renewable energy sources is expected to grow to more than 50% in 2030. With this in mind, the electricity market framework has been modernised to deal with intermittency, with new provisions on storage, capacity mechanisms (introducing a new emissions limit for power plants eligible to receive subsidies) and demand response. In addition, the role of consumers in the future electricity market has been re-thought, providing the right incentives for consumers to become more active and to contribute to keeping the electricity system stable, as well as new consumer rights. In order to increase the resilience of the EU electricity system, each EU country is in the future required to define Risk Preparedness plans to be ready to respond to unexpected situations, working closely with neighbouring member states. The new rules will be supported by a stronger role for the ACER Agency, which coordinates work among national energy regulators, providing additional powers and responsibilities, and thus ensuring that decisions are taken for making best use of an integrated EU energy market to the benefit of all EU citizens. This new volume, written by all the key Commission officials responsible for drafting, negotiating and now implementing this major new piece of legislation is essential reading for all those involved in the regulation and development of Europe's electricity industry.

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Book SynopsisThe energy transition is a European flagship project. The second edition of this book analyses the factors driving change, especially the Climate Agenda, the new active customer paradigm and changing attitudes, as well as businessmodel innovation and new actors emerging. It proceeds with a reality check, based on facts and figures and describes the variuous aspects of the European energy transition.

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Book SynopsisThis book examines the latest developments of the European Union’s energy policy and particularly the way security of energy supply is taken into account and handled. As one of the three objectives of the EU energy policy, security of supply emerged as a central element of the policy after the January 2009 gas crisis, and now with the consequences of the events in Fukushima. The contributions to the book are made by the most informed people on the various subjects given their professional position. It analyses the extensive developments of the concept toward energy security, the impact of the third internal market package on its reinforcement and the major role to be played by infrastructures in ensuring physically the security of supply. The book comments on the most recent and relevant instruments adopted by the European Union; in the field of oil, the so-called Oil stocks directive; and gas, the Regulation on Security of Gas Supply. In the field of electricity, it will report on the experience of the Transmission System Operators working together in the European Network (ENTSO-E) to guarantee security of supply. The external dimension of the EU energy policy will be explained in as far as it aims at security of supply. Three illustrative cases are particularly studied: the Southern gas corridor development, the January 2009 gas crisis, and the Baltic Energy Market Interconnection Plan. The relevant EU legislative texts and the recent communications of the Commission on the subject are appended, to offer the direct references of what is discussed in the various sections.

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Book SynopsisThis book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. What is the European energy strategy for 2050? How different is it from the 2020 energy strategy? What are the technology options and what is the policy? This book discusses the European ‘2050 Energy Roadmap to a low Carbon Economy: Energy Policy & Innovation’. The book represents the outcome of the 3rd Academic Roundtable of the Loyola de Palacio Chair at the European University Institute held in Florence on the 24th of May 2011 and it introduces the reader to the most recent thinking regarding the European transition towards a low carbon future. The views presented include those of experts of the European Commission, major industry players, and prominent academics. Besides academic articles, speeches and opinions it contains reports of the THINK Tank of DG Energy hosted in Florence.

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Book SynopsisThis book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Is the EU on the right track to meet its stated objective – a true European energy security policy? Is the current architecture on which the EU gas security of supply policy is built able to deliver those responses needed in order to meet the growing risks and changing realities EU gas security faces? How should European institutions and regulation adapt and respond? What tools are available to secure gas supply? This book feeds these questions by taking stock of today's EU gas security of supply governance

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Book SynopsisThis book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. The purpose of this book is to propose an innovative vision on the development process of the enlarged Mediterranean region. Triangulating the Gulf Cooperation Council, North Africa and the European Union into a unique cooperation scheme, the book highlights the strong complementarity that exists between these regions in the field of renewable energy. The wide availability of Sovereign Wealth Funds' capital in the Gulf Cooperation Council, the great renewable energy potential of North Africa and the institutional support of the European Union are the three main pillars of this cooperation scheme. This triangulation would enhance not only the energy outlook of the overall Mediterranean region, but also its socio-economic development, ultimately promoting an enlarged area of cooperation, stability and peace.This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. The purpose of this book is to propose an innovative vision on the development process of the enlarged Mediterranean region. Triangulating the Gulf Cooperation Council, North Africa and the European Union into a unique cooperation scheme, the book highlights the strong complementarity that exists between these regions in the field of renewable energy. The wide availability of Sovereign Wealth Funds' capital in the Gulf Cooperation Council, the great renewable energy potential of North Africa and the institutional support of the European Union are the three main pillars of this cooperation scheme. This triangulation would enhance not only the energy outlook of the overall Mediterranean region, but also its socio-economic development, ultimately promoting an enlarged area of cooperation, stability and peace.

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Book SynopsisThis publication provides guidance to States on the development, implementation, maintenance and sustainment of a national framework for managing the response to nuclear security events. Such a framework involves a structure and a set of principles and agreements around which a State can frame its nuclear security response functions, addressing the interfaces which need to exist between responding agencies to ensure effective, coordinated response. By using this Implementing Guide, a State will ensure that it has considered all relevant key issues as it develops its national framework for responding to nuclear security events.

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Book SynopsisThis publication provides guidance to States on the development, implementation, maintenance and sustainment of a national framework for managing the response to nuclear security events. Such a framework involves a structure and a set of principles and agreements around which a State can frame its nuclear security response functions, addressing the interfaces which need to exist between responding agencies to ensure effective, coordinated response. By using this Implementing Guide, a State will ensure that it has considered all relevant key issues as it develops its national framework for responding to nuclear security events.

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Book SynopsisThe management of natural resources is directly associated with climate change. On the one hand, most of the greenhouse gases released in the atmosphere originate from the production, transformation and use of natural resources such as coal, natural gas and oil. On the other hand, climate change affects natural resources such as forests and agricultural produce. These interactions illustrate the two-way relationship between climate change and the commodities sector. This paper analyses the ways in which the management of natural resources may impact climate change, and how climate change impacts the adaptation strategies of countries, industries and farmers that extract or produce primary commodities. Resource management is analysed from the perspective of a capital conversion-based model of development. One important conclusion of the paper is that integrating climate change concerns into resource management implies that some natural resources will need to be stranded in order to meet mitigation commitments compatible with the goal of limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit the increase in the average value of global temperature to 1.5 degrees Celsius above pre-industrial levels.

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Book SynopsisOil and gas supplies will continue to play a key role in a future sustainable energy system to support economic growth and social progress, even under a scenario in which stringent climate policies and measures are implemented. At the same time, oil and gas industries are among the main sources of anthropogenic methane emissions. Methane is the primary component of natural gas, with some emitted to the atmosphere during its production, processing, storage, transmission, distribution, and use. Despite methane's short residence time, the fact that it has a much higher warming potential than CO2 and that its atmospheric volumes are continuously replenished make effective methane management a potentially important element in countries' climate change mitigation strategies. This document provides guidance for developing and implementing effective monitoring, reporting and verification (MRV) practices, as well as for mitigating methane emissions, from the oil and gas sector. In its discussion on MRV and mitigation opportunities, it is meant to serve as a resource for a broad audience, including owners and operators of oil and gas facilities and policymakers at all levels of government. It is intentionally 'principles-based', recognising that conditions vary greatly across oil and gas facilities, and that legal, political and institutional aspects differ by jurisdictions

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Book SynopsisConsiderable progress in energy efficiency in the building sector is reported in the majority of the UNECE member States, and still reaching the potential often falls short due to flawed policy frameworks, and lack of public awareness on available modern technologies and education on long-term economic and social benefits of energy efficiency improvement. This publication is prepared in response to the outlined challenges and aims to elucidate the status of implementation of energy efficiency standards in buildings and deployment of appropriate technologies, and to identify good policy practices and replicable solutions. It also proposes a set of general recommendations and priority actions arising from the analysis.

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Book SynopsisExploitation of natural resources has dominated economic activity in Africa but the benefits have accrued only to a privileged few. The continent’s most common strategy of exporting commodities in their raw (non-valued added) form has led to disappointing results, reflected in unsustainable and non-inclusive economic growth, marginal improvements in the well-being of the population, and low levels of economic diversification and transformation. This edition examines efforts to improve the governance of Africa’s abundant natural resources, emphasising the need to strengthen natural resource governance institutions and frameworks to enhance domestic revenue, the promotion of economic diversification, and structural transformation.

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Book SynopsisThis book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Infrastructures are the backbone of any economy and energy is vital to our way of life. Electricity transmission, gas and oil pipelines, smart grids, storage of energy and later on CO2 transport are essential elements of our present and future energy systems. The energy and climate policies conducted by the European Union since 2007 have led to the Third Energy Package governing the internal electricity and gas markets, to the Directive setting the target of 20% of renewable sources of energy by 2020, to the Energy Efficiency Directive and, most recently, to the Regulation establishing the guidelines on trans-European energy infrastructures and to the new financing programme called ‘Connecting Europe Facility’ (CEF). In five years' time, national energy policies have been drastically reshaped by the EU Directives and Regulations, now based on Article 194 of the Treaty on the Functioning of the European Union. It is now time to understand fully the importance of these regulatory changes and the resulting ‘Europeanisation’ of the energy policy.

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Book SynopsisThe EU has developed an increasingly ambitious energy efficiency policy. In particular, with the publication of an EU Energy Efficiency Action Plan in April 2000, the issue of efficiency has become a central concern of policy makers. The recent passage of the Energy Efficiency Directive underlines this trend: this is a piece of legislation which has the potential to profoundly influence the activity and behavior of energy suppliers, consumers, energy service companies, and others involved in the energy sector. This volume covers all areas of EU energy efficiency policy, from the objectives and strategic direction of policy at EU level, to the implications of EU policy for Member States and their energy efficiency action plans. Chapters are also devoted to exploring the implications of individual directives and regulations such as the Energy Efficiency Directive; the recast Energy Performance of Buildings Directive; the Eco Design Directive; and regulations pertaining to energy labeling of appliances. The recent Energy Efficiency Directive underlines that this is a central concern of policy makers. This volume covers all areas of EU energy efficiency policy. Explores the implications of individual directives and regulations. Includes Energy Performance of Buildings Directive and Eco Design Directive.

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Book SynopsisThis timely book shows how the creation of a European Energy Union might be an effective and viable solution to the energy security problems that the European Union is facing. The aim is to make it easier to trade energy inside the EU. The EU currently has to rely on energy-rich countries for its energy needs, many of whom are politically and economically unstable; this places the EU in a vulnerable position. The book explores the institutional and legal framework for the creation of a European Energy Union, whose aim is to achieve affordable, secure, and sustainable energy. The book explores what the EU is politically prepared to accept as part of its united energy security. Combined with the perception of energy security being a pressing matter, the general disenchantment surrounding the European ideal in the wake of the economic crisis makes the task of ensuring affordable, secure, and sustainable energy a formidable challenge. In that vein, the European Energy Union could well be the flagship of this new outset towards a more prosperous, energy-secure, and united Europe—bearing in mind that EU member states wish to guard their sovereignty over national energy systems. In the past, there have been divisions between EU member states when trying to draft a united energy policy. The European Energy Union tries to rectify this deficiency. This book proposes the emulation of the EU’s common commercial policy to reach a common position in EU energy policy. It analyzes the role of the Energy Community and the Euro-Mediterranean Energy Partnership as avenues to further integrate energy markets beyond European borders, especially with the Eastern and Southern neighbours of the EU. It also dwells on the advancements that could arise in terms of pan-European energy infrastructure through the anticipated financial boost resulting from, inter alia, the Investment Plan for Europe, the European Structural and Investment funds, and the Connecting Europe Facility. Finally, it provides an analysis of climate change mitigation by focusing on the importance of decarbonizing the economy and analyzing the 2015 Paris Agreement on climate change. Highlights: First book to analyze the European Energy Union and the 2015 Paris Agreement on climate change. Explains the five pillars of the European Energy Union. Cross-examination of the EU’s competence in the areas of energy and trade to surmise whether a more harmonized European energy strategy could, legally and conceptually, be realized anytime soon.

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