Can non-EU member states influence the EU’s energy policy? The Europeanization of energy policy in third countries is often described as a one-directional process in which these countries essentially adopt the EU <em>energy acquis</em>. Our article questions this dominant view by exploring whether and how third countries can influence the formulation and implementation of EU energy policy. We argue that relative differences in third country influence depend on their access to relevant venues and actors of EU policy-making as well as their structural power resources. We develop a typology linking these two factors to the outsider, follower, challenger, or shaper roles that third countries assume in EU energy governance. We empirically probe our argument in three case studies representing different models of EU–third country cooperation. Our cases include a group of nine Southeast and East European countries (Energy Community), Switzerland (bilateral arrangements), and Norway (European Economic Area). The analysis shows that it is access and structural power which together define the extent to which third countries are able to influence the formulation of EU energy policy and customize its implementation to their domestic needs. We find that while the Energy Community members are followers in EU energy governance, Switzerland and Norway are shapers. Strikingly, the influence of these two non-EU members may occasionally even surpass that of smaller EU member states. This highlights that third countries are not merely downloading EU energy regulation but sometimes also succeed in uploading their own preferences. Our contribution has implications for the post-Brexit EU–UK energy relations and qualifies claims about EU regulatory hegemony in the wider region.
Member States have retained core competences in external energy policy since the beginning of European integration. Even the new 'energy chapter' in the Lisbon Treaty safeguards national prerogatives. Contrasting this trend, we show that throughout the past decade this national stronghold has been eroding and replaced by supranational oversight. Reviewing energy-related negotiations of Poland and Lithuania with Russia and new regulation on intergovernmental agreements, we demonstrate how the Commission gained control over Member States' external energy relations. We explain the expansion of supranational authority with spillover pressures equipping the Commission with new procedural prerogatives. Central to this development was the institutionalisation a novel supranational instrument we call 'real-time compliance'. The term denotes the prompt application of soft and coercive means, ensuring compliance of energy agreements between Member States and third countries with EU rules.This expansion of supranational powers through procedural competences has implications for debates on European energy policy and European integration.
This chapter explores the political influence of Switzerland as a non-EU country in European electricity governance. We argue that the influence of non-EU countries depends on their access to European governance institutions and their structural power resources. We further posit that the type of structural power resources circumscribes the specific areas of influence. The empirical analysis assesses these variables qualitatively based on interview and other primary data. First, it shows that Switzerland has relatively high access to important European governance bodies. Second, it reveals that Switzerland possesses structural power in serving as a European transit hub for electricity and an important source of technical expertise. Third, it confirms our theoretical expectation that Switzerland acts as a shaper in European electricity governance. Swiss influence is especially seen in matters related to grid management and cross-border electricity trade. Limitations to Swiss influence are often rooted in the legal principles of the EU internal market. Our findings qualify claims about a marginalization of Switzerland in European electricity governance. At the same time, we highlight uncertainties resulting from the present lack of an electricity agreement between Switzerland and the EU. Our chapter recommends Swiss policy-makers to strive for viable forms of energy cooperation with the EU and to strengthen the transit function and technical expertise of the country.
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