Chapter 6: Integration of the EU gas market through administrative bodies
The implementation of the rules governing the EU gas market relies on specific institutional arrangements between European energy regulators, NRAs, NCAs, Member States’ governmental services and the European Commission. As shown in the following, these institutional arrangements entail both top-down and bottom-up features of administrative integration and vertical and horizontal patterns of cooperation. Their setup is influenced by the application of both competition law and regulatory tools to satisfy EU gas market goals, as well as by the concurrent competences of different authorities mandated by one of the two distinct sets of legal tools ruling a particular aspect of the gas market. Competences in the energy field are shared between the EU and its Member States. This makes the EU’s action subsidiary to that of the Member States and maintains the principle of autonomy of national administrative systems. Specifically, paragraphs (2) and (3) of article 194 TFEU curtail significantly the EU’s competence in energy matters. In this sense, the paragraphs provide that measures in the field of energy taxation are subject to unanimity. Also subject to unanimity are Member States’ rights to decide upon their energy mixes, conditions for exploiting their energy resources and the general structure of national energy supply. Additionally, Member States are allowed to retain the right to conduct bilateral energy relations with non-EU countries as they see fit.
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