Співпраця національних органів одного рівня з нагляду за оптовими енергетичними ринками в межах країни – члена ЄС

Анотація

The article approaches regulation of the wholesale energy market as a part of coordinated effort to establish single EU-27 energy market. We analyze the forms of the cooperation among the national regulators responsible for competition in the wholesale energy markets; such responsibility is split - between two, three or more regulators. The principle of cooperation dominates in the oversight of the wholesale energy market [over concurrency] and has been institutionalized in the form the memo, statute or code; it had also evolved in the EU acquis. Domestic legal system of a state remains a fundamental framework in the traditional nation-state world order as the domestic regulators (NCA, NRA or SMA), along with domestic authority, get also to vote in the EU authorities. Previous research concentrated on delegation of the sovereign powers to the EU level and, to a lesser extent, on coordination between national and state level in the federal EU Member States. This article, instead, looks at horizontal cooperation on the national level only using the comparative legal method. The national level appears to generate the ideas for the EU level and not vice versa, at least, in the analyzed settings of Belgium, France, Germany, the Netherlands, Spain and the United Kingdom. The working arrangements on the information exchange, pooling of resources in the form of task force, investigation crew, joint unit as well as consultations and mutual comments on the policy proposals are common cooperation formats in each of the countries analyzed, often as a formal legislative rule. At the same time, the EU level inter-agency cooperation for the wholesale energy market can boast only memoranda of understanding, quite short. The research also lay prospectives of how Ukrainian government could fit in with its oversight mandate split among the competition authority, financial market authority and energy regulating authority given decision by the European Council on 14-15 December 2023 to open accession negotiations with Ukraine. This publication is third in the planned series of four comparative legal research papers on the inter-action between the regulatory agencies, the first two papers deal with the characterization of the wholesale energy product and wholesale energy market, undertake a content-analysis of the EU-level agencies interactions; the closing fourth part will systematize regulatory policy proposals for the domestic inter-agency cooperation in Ukraine.

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