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Positive and Negative Security: A Consequentialist Approach to EU Gas Supply

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Energy Security in Europe

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Abstract

The paper differentiates between positive and negative security models, introducing important concepts of negative and positive security from new security studies to the energy domain. Negative gas security is understood as the ability to restore required gas flows and, as such, to deliver freedom from their loss. It is negative only in the sense that it is the outcome of remedying a crisis situation where some threatening development is stopped and its negative consequences minimized so that the gas flows can be restored to pre-crisis levels. Positive gas security entails innovatively managing these flows such that freedom towards acquiring the required volume of gas is strengthened. By advancing an argument for the consequentialist nature of gas security and exploring the notion of the negative and positive security in EU gas policy, this chapter offers critical insights into EU energy policy and the EU gas supply situation. The author criticizes the EU policy’s prevailing focus on technical aspects of gas security (where gas security is perceived as resulting first and foremost from aggregated systemic technicalities in the EU gas system such as physical infrastructure, market rules, network codes, technical standards, etc.) and on developing a negative security model while not adequately considering the role the individual user plays in the gas system and how gas consumers can create positive gas security for Europe. Here, added value enables energy consumers to exercise their liberty and tailor their energy security through their smart energy choices. This power affords them more welfare (since producing goods and services with energy-efficient solutions requires less energy) and freedom (since ability to act and enact gas security is brought closer to the consumer who becomes an active player instead of being a mere passive recipient of gas supply).

I would like to thank Kacper Szulecki, Dag Harald Claes, Ole Gunnar Austvik, Andreas Heinrich, Irina Kustova, Inga Ydersbond, the organisers and participants of the PhD-seminar at the University of Oslo (3.06.2015) and the Politologseminar at Lillehammer University College (6.03.2015) for their constructive comments on the previous drafts of this chapter. My greatest debt of gratitude goes to Lillehammer University College for providing me with the financial support necessary for the research involved in preparing this chapter, which is part of my doctoral dissertation Central and Eastern European Countries (CEEC) as an Energy Subregion and its Influence on EU policy-making on energy security. I would also like to thank the University of Oslo which provided me with the necessary infrastructure and access to online databases where I was a guest researcher in 2015. I must mention due thanks to Peter Burgess and Mark B. Salter—the organisers of Methods in Critical Security Studies course given by UiO-NTNU-PRIO Research School on Peace and Conflict (08.12.14–12.12.14)—for the comments on the early draft of this paper and for enriching conversations about critical approaches to security studies. I would also like to thank for the training in energy security studies that I received from Michael Bradshaw at the course Global Energy Dilemmas: Energy Security, Globalization and Climate Change (Oslo Summer School in Comparative Social Science Studies at the University of Oslo, Norway 23.07.12–27.07.12) and from the Florence School of Regulation, Summer School in Energy Policy and EU Law at the European University Institute, Robert Schuman Centre, for Advanced Studies (18.06.12–22.06.12). I would like to thank the organisers of the course Philosophy of Science and Research Ethics given at Lillehammer University College (03.01.12–31.05.12). My gratitude also goes to Matthew Landry and Michael Marcoux for help with proofreading and editing language usage in this chapter.

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Notes

  1. 1.

    EU, “Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union,” 2012/C 326/13 (Article 3). See also EU, “Report on the Implementation of the European Security Strategy—Providing Security in a Changing World,” 2008 S407/08.

  2. 2.

    EU, “Charter of Fundamental Rights of the European Union,” 2000/C 364/01.

  3. 3.

    EU, “Energy roadmap 2050,” COM (2011) 885 final.

  4. 4.

    EUROSTAT, “Supply, transformation and consumption of gas—annual data,” [nrg_103a] last update: 06-02-2017, and, EUROSTAT, “Imports-gas-annual data,” [nrg_124a] last update: 17-02-2017.

  5. 5.

    At the time of writing of this chapter there are 28 member countries in the EU. However, the United Kingdom formally notified to the European Council its intention to leave the EU on 29 March 2017 following the results of the UK referendum on 23 June 2016. See http://www.consilium.europa.eu/en/policies/eu-uk-after-referendum/

  6. 6.

    EUROSTAT, “Energy dependence,” Code: tsdcc310.

  7. 7.

    “Natural gas comprises gases, occurring in underground deposits, whether liquefied or gaseous, consisting mainly of methane. It includes both “non-associated” gas originating from fields producing hydrocarbons only in gaseous form, and “associated” gas produced in association with crude oil as well as methane recovered from coal mines (colliery gas) or from coal seams (coal seam gas).” EUROSTAT, IEA, OECD, UNECE. “Natural Gas Annual Questionnaire 2015 and Historical Revisions,” (2016):3.

  8. 8.

    For detailed information please consult EUROSTAT, IEA, OECD, UNECE, “Natural Gas Annual Questionnaire 2015 and Historical Revisions,” (2016).

  9. 9.

    As we can read in Quarterly Energy Review for Western Europe “at the summit meeting of the International Energy Agency (IEA) earlier this year, natural gas not only reached the agenda for the first time, it also dominated it, thanks mainly to the importance attached to the new concept of ‘gas security’ by the Reagan administration and the battle it waged with its European allies over the supply of Soviet gas to Europe” (EIU 1983a: 1).

  10. 10.

    See also Sadek Boussena and Catherine Locatelli, “Gas market developments and their effect on relations between Russia and the EU,” OPEC Energy Review 35 (1) (2011):31, for a detailed list of “Gazprom’s main joint ventures, acquisitions among its European Union (EU) partners and its main subsidiaries in the EU (end of 2009).”

  11. 11.

    Energy policy is dynamically expanding and its’ importance is growing. As Szulecki et al. (2016) note only until 2010 the EU energy policy produced 350 legal policy instruments . See also Cameron (2005), Eberlein (2005), Goldthau and Sitter (2015).

  12. 12.

    EU, “Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators,”, “Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005,”, “Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply and repealing Council Directive 2004/67/EC,”, “Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency,”, “Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC,”, “Council Directive 2009/119/EC of 14 September 2009 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products,”.

  13. 13.

    EU, “Energy Union Package, A Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy,” COM (2015)80 final, “European Energy Security Strategy,” COM (2014)0330.

  14. 14.

    EUROSTAT, “Final energy consumption by product,” Code: ten00095.

  15. 15.

    EUROSTAT, “Energy dependence,” Code: tsdcc310.

  16. 16.

    As we can read in the “Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure ” hydrogen, biofuels, natural gas, and liquefied petroleum gas (LPG) were identified as the principal alternative fuels with a potential for long-term oil substitution, also in light of their possible simultaneous and combined use by means of, for instance, dual-fuel technology systems.

  17. 17.

    For detailed information please consult ACER/CEER “ACER/CEER Annual Report on the Results of Monitoring the Internal Electricity and Natural Gas Markets in 2013” that demonstrates the welfare losses from imperfectly integrated gas markets in Europe.

  18. 18.

    ACER, “European Gas Target Model review and update,” 2015.

  19. 19.

    Both G.H. Mead’s symbolic interactionism and Charles Peirce’s approach on logical structures (theory of signs) are grounded in the tradition of philosophical realism . In this respect, the pragmatic thought of Mead and Peirce is substantially different from the nominalistic pragmatism of Dewey and James. Both Peirce and Mead recognised importance of universal laws in social inquiry and supported the inductive reasoning by applying the moderate conception of generality which allowed for application of “spatiotemporally bounded”, thus, limited generals in a social research (Lewis and Smith 1980: 21–22).

  20. 20.

    Consequentialism was also applied to analysis of security by Rita Floyd (2007). See also Hoogensen Gjørv (2012).

  21. 21.

    It is out of scope of this chapter to discuss in-depth the philosophical foundations of the proposed approach. The research presented here was also inspired by Hegel and his dialectics as well as by the conception of reproduction present in historical materialism.

  22. 22.

    The process of complex interoperability in this study encompasses broader set of rules and procedures for access to transmission networks and rules for access to internal market in natural gas , as well as processes of harmonisation and standardisation of gas exchange across Member States, than the procedural interoperability specified in the Network Code on Interoperability and Data Exchange rules.

  23. 23.

    These generic processes (coordination , interconnectedness, interoperability, moderation and protection) seem to be important also to security of other network-based supplies (e.g. water or electricity).

  24. 24.

    See also David Buchan and Malcom Keay, “Needed: A Demand-Side Strategy,” in Europe’s Long Energy Journey: Towards Energy Union?, David Buchan and Malcom Keay (Oxford: Oxford University Press, 2015), 101–127 for a discussion concerning the energy-efficiency in the EU energy policy and the need for a stronger demand-side strategy in Europe.

  25. 25.

    This capacity is represented by the import, transmission and distribution capacity of the Trans-European gas networks; the transitable capacity that enters and exits these transmission networks; the bi-directional interconnection capacity of the interconnectors ; the withdrawal capacity and injection capacity of the gas storage magazines of emergency stocks and specific stocks; the imported, offloaded, re-gasified LNG gas capacity; and the alternative gas capacity injected into the EU gas system in form of hydrogen , biofuels, and natural gas in the forms of Compressed Natural Gas (CNG) , Liquefied Natural Gas (LNG), or Gas-To-Liquid (GTL) , and Liquefied Petroleum Gas (LPG) .

  26. 26.

    For detailed information consult a website of Gas Infrastructure Europe, GIE (https://www.gie.eu) and the website of the European Network of Transmission System Operators for Gas, ENTSOG (https://www.entsog.eu/).

  27. 27.

    In the “Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels” the EU introduced requirements regarding Community-level harmonisation of standards (technical specifications) for operation and installation of appliances burning gaseous fuels (such as appliances used for cooking, heating, hot water production, refrigeration, lighting or washing) and fittings where energy conservation is considered essential.Also, there is a growing need for harmonisation of rules and standards (for example technical specifications for interoperability of recharging and refuelling points) in the sector of transport. This need becomes especially pronuanced in light of the recent development of the European strategy for alternative fuels that incorporates usage of LPG (Liquefied Petroleum Gas), LNG (Liquefied Natural Gas) and CNG (Compressed Natural Gas) for transportation purposes (for more information please consult EU, “Clean Power for Transport. A European alternative fuel strategy” COM (2013)17).

  28. 28.

    EU, Regulation (EU) No 994/2010.

  29. 29.

    EU, Directive 2009/119/EC.

  30. 30.

    The EU energy packages for gas market regulation: “Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC”, “Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC” and “Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas,”.

  31. 31.

    EU, Regulation (EU) No 1227/2011.

  32. 32.

    For detailed information concerning the EU Network Codes please consult EU, Regulation (EC) No 715/2009, “Commission Regulation (EU) No 984/2013 of 14 October 2013 establishing a Network Code on Capacity Allocation Mechanisms in Gas Transmission Systems and supplementing Regulation (EC) No 715/2009 of the European Parliament and of the Council,”, “Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a Network Code  on Gas Balancing of Transmission Networks,”, “Commission Regulation (EU) 2015/703 of 30 April 2015 establishing a network code on interoperability and data exchange rules,”, “Commission Decision (EU) 2015/715 of 30 April 2015 amending Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks,”.

  33. 33.

    Transmission System Operators (TSOs), National Regulatory Authorities (NRAs), Distribution System Operators (DSOs) and Storage System Operators (SSOs).

  34. 34.

    More on the issue of energy efficiency and rationalisation and modernisation measures can be found in the following documents: EU, “Green Paper ‘For a European Union Energy Policy,” COM (1994)659, “Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC,”, “Energy Efficiency and its contribution to energy security and the 2030 Framework for climate and energy policy,” COM (2014)0520 final, “Regulation (EU) No 333/2014 of the European Parliament and of the Council of 11 March 2014 amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars,”, “Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles,”.

  35. 35.

    For example, in COM (2013)17 it is posited that “lack of fuelling infrastructure and common technical specifications on refuelling equipment and safety regulations for bunkering hamper market uptake for LNG” in the European Union. Similarly, the lack of alternative fuel infrastructure and of common technical specifications for the vehicle-infrastructure interface are defined as obstacles to the market uptake of ultra-low emission vehicles in Regulation (EU) No 333/2014.

  36. 36.

    EU, Directive 2009/73/EC, “Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy-efficiency , amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC,” “Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings,” COM (2014)0520 final.

  37. 37.

    EU, Directive 2009/73/EC.

  38. 38.

    EU, Directive 2009/73/EC, Regulation (EU) No 994/2010.

  39. 39.

    EU, “Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection,”, Council Directive 2008/114/EC, “Green paper on services of general interest,” COM (2003)0270, “Services of general interest in Europe,” COM (2000)0580.

  40. 40.

    EU, Regulation (EU) No 1227/2011.

  41. 41.

    EU, Regulation (EU) No 994/2010.

  42. 42.

    EU, Regulation (EU) No 994/2010.

  43. 43.

    EU, Council Directive 2009/119/EC.

  44. 44.

    EU, Council Directive 2009/119/EC (Article 15).

  45. 45.

    EU, Council Directive 2009/119/EC.

  46. 46.

    EU, “Proposal for a Regulation of the European Parliament and of the Council concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010,” COM (2016)52.

  47. 47.

    “As regards joint purchasing mechanisms, the Regulation makes it clear that Member States and natural gas companies are free to explore the potential benefits of purchasing natural gas collectively to address supply shortage situations. Such mechanisms should be in line with WTO and EU competition rules, in particular with Commission guidelines on horizontal cooperation agreements” in EU, COM (2016)52.

  48. 48.

    EU, “Proposal for a Regulation of the European Parliament and of the Council establishing a European Union Agency for the Cooperation of Energy Regulators (recast),” COM (2016)863.

  49. 49.

    EU, COM (2015)080 final. See also Ole Gunnar Austvik, “The Energy Union and security-of-gas supply.” Energy Policy 96 (2016): 372–382.

  50. 50.

    EU, “Proposal for a Directive on the deployment of alternative fuels infrastructure,” COM (2013)18, “Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure,”.

  51. 51.

    Natural gas can be also supplied from methanisation of hydrogen generated from renewable electricity.

    EU, COM (2013)17.

  52. 52.

    EU, “Clean Energy For All Europeans,” COM (2016)860, COM (2015)080 final, COM (2014)0330, “A policy framework for climate and energy in the period from 2020 to 2030,” COM (2014)015, “Climate and energy policy,” COM (2013)0169.

  53. 53.

    EU, COM (2016) 863.

  54. 54.

    EU, COM (2016)860, COM (2013)18, Directive 2014/94/EU.

  55. 55.

    EU, COM (2014)520.

  56. 56.

    EU, COM (2015)080 final.

  57. 57.

    EU, “New Energy Union Governance to deliver common goals,” https://ec.europa.eu/energy/sites/ener/files/documents/technical_memo_energyuniongov.pdf

  58. 58.

    EU, “Proposal for a Regulation on the Governance of the Energy Union,” COM (2016)759.

  59. 59.

    EU, COM (2016)863.

  60. 60.

    EU, “Europe 2020. A strategy for smart, sustainable and inclusive growth,” COM (2010)2020.

  61. 61.

    EU, Directive 2009/28/EC, COM (2013)17.

  62. 62.

    EU, COM (2016) 52, COM (2016) 863, COM (2016) 759, Directive 2014/94/EU.

  63. 63.

    EU, COM (2015)080, COM (2016)860, COM (2014)0330, COM (2016)863.

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Landry, P. (2018). Positive and Negative Security: A Consequentialist Approach to EU Gas Supply. In: Szulecki, K. (eds) Energy Security in Europe. Energy, Climate and the Environment. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-64964-1_11

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