A regulation (713/2009) has been published, setting up an Agency for the Cooperation of Energy Regulators.
Why, you might wonder, is there a need for such an entity?
An independent advisory group (that is to say, a group of advisors working for the Commission) has existed since 2003 "to facilitate consultation, coordination and cooperation". Their specialisms are the internal markets in electricity and gas. Now, however, we see a shift to "a Community structure with clear competences and with the power to adopt individual regulatory decisions in a number of specific cases." This is to be done "with a view to achieving the objectives of Community energy policy."
That policy, incidentally, involves a commitment to the politics of security of supply. That invokes all manner of spectres, from Russia to North Sea Gas. Then of course there’s Libya.
Decisions can be appealed against by national authorities, which are then resolved by a board within the agency itself, or by the European Court of Justice. So much for the intergovernmental approach.
The agency itself will have legal personality, a high-profile and obviously well-renumerated Director, and a stated interest in access to and security of pipelines and cables that cross borders.
If you thought that Britain had an independent energy policy – even before the energy clauses of the Lisbon Treaty kick in – think again. Expect to see more millions of taxpayers’ money to go into supporting another tool for European integration by the back door.