Schoenherr advises European Commission on legislative options for upgrading European gas markets

10 June 2020 | general

Schoenherr (as leader of a consortium of European law firms) has conducted a comprehensive study on the regulatory and administrative requirements for entry and trade on the gas wholesale market in the EU for the European Commission, Directorate General Energy (DG ENER). The study takes stock of the regulatory and administrative requirements to enter the wholesale gas market, and explores legislative means to facilitate access and trading on gas wholesale markets by setting out measures to overcome possibly disproportionate administrative and regulatory requirements which could constitute barriers to entering and trading on wholesale gas markets. The study is now published on the website of the European Commission.

Combining desk and field research, conducting an online survey, interviews and holding a stakeholder workshop in the premises of the European Commission, Schoenherr, together with its partners, has drawn up a detailed map of the administrative and regulatory requirements presently regulating the access to wholesale gas markets in the EU. The consortium assessed which of the requirements potentially impose a disproportionate administrative burden on natural gas traders, and thus impede the establishment of a fully integrated European Gas Market. Based on the findings of the research, possible legislative options have been developed to address and mitigate identified trade barriers in the wholesale gas market on EU-level. 

"Our findings and recommendations will help the European Commission to enforce and improve the regulatory framework, and also identify a possible future scope for EU-wide alignment of rules and practices on the wholesale gas market", says Schoenherr partner and energy law expert Bernd Rajal. "We are proud that Schoenherr could take a leading role in this legislative study".  

The Schoenherr team advising DG ENER was led by Bernd Rajal (partner), who was supported by Stefanie Orator-Saghy (associate); Arian Farahmand (associate), all Schoenherr Vienna; and Stefana Tsekova (partner) from Schoenherr Sofia. The team was further supported by international energy experts from different EU jurisdictions.