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A legal perspective on gas solidarity

Fleming, Ruven
Energy policy 2019 v.124 pp. 102-110
at-risk population, gasoline, laws and regulations, supply balance
The EU introduced a new security of gas supply regulation in November 2017, which now replaced the security of gas supply regulation of 2010. This article is providing a critical assessment of the new Regulation (EU) 2017/1938. Many instruments of the predecessor Regulation (EU) 994/2010 will stay in place unchanged and those have been discussed elsewhere. This contribution will, hence, focus on the novelties and changes that Regulation (EU) 2017/1938 is bringing about.After some introductory remarks on the structure and the aims of Regulation (EU) 2017/1938, the current article will proceed by discussing the two main novelties of Regulation (EU) 2017/1938, which shall implement the main thrust of the new regulation: imposing obligatory solidarity between Member States in a gas crisis. These are first, the grouping of directly connected Member States into so called risk groups and second the new article 13 of Regulation (EU) 2017/1938, which spells out concrete solidarity measures that Member States have to take. In a third step other novelties of Regulation (EU) 2017/1938 will be highlighted and critically reflected upon before the article is wrapped up with some conclusions.