Master on European and International Energy Law One-year degree program taught in English
Welcome to the Technische Universität Berlin TU Berlin Paving the way to the future Dear students, Welcome to the internationally renowned Technische Universität Berlin located in Germany s capital city at the heart of Europe. I am most delighted that you have chosen our institution for your master s degree. With over 30.000 students, TU Berlin is one of the largest universities of technology in Germany. One of our most important tasks is to prepare our students for the challenges they will face in the future. The Master program European and International Energy Law focuses on the technical, economical and legal principles related to gas and power markets. The program will provide you with basic knowledge and skills connecting theory, research and practice. For these educational objectives, the EUREF Campus of TU Berlin offers an inspiring atmosphere and a great number of outstanding scientific events. With this brochure, we would like to help you in getting started at TU Berlin. You will find an introduction to the Master program as well as helpful links and contact details. For further information please do not hesitate to contact our team of the Academic Advisory and Examination Office. They are here to assist you with all the necessary formalities. I wish you a motivating and successful time at our university. Prof. Dr. Christian Thomsen President
Introduction Dear students, the Master on European and International Energy Law intends to give young legal scholars and economists from businesses, law firms and public authorities the opportunity to gain indepth, specialist knowledge in the area of infrastructure and grid industry law with the specific problem of natural monopolies especially in the area of energy sectors in order to enhance their professional skills. The degree can be attained in one year as a full-time program. The course is based on a learning concept which combines traditional in-class teaching on Thursdays and Fridays with various excursions and independent study. Apart from professors of economic law, specialised legal practitioners from competition and regulation authorities and law firms with a great deal of case experience will instruct the students. The course language is English. I wish you success in completing the course but also enjoyable teamwork with students from other countries in Berlin s cosmopolitan climate. Prof. Dr. Dr. Dres. h.c. Franz Jürgen Säcker Academic director 3
Studying energy law with the experts Being in touch with the latest trends in the energy sector The Institute for energy and regulatory law (enreg) is involved in research on newest developments in the energy sector and significantly contributes to the further development of energy law. One of enreg s latest research activities dealt, for example, with the development and the regulatory design of an offshore grid in the North Sea. The development of an integrated offshore electricity grid in the North Sea would help promoting the expansion of the generation of electricity from offshore wind energy and would thus contribute to the achievement of the EU s objective to increase the share of energy from renewable sources in gross final consumption to at least 20 per cent by 2020. For these reasons, the EU and the Northern Seas coastal states are working on the development of an integrated offshore grid. Some states, such as Germany and Great Britain, primarily expect an efficient connection of new offshore electricity generation. Other states, such as Norway, put more emphasis on the benefits which an offshore network in the North Sea would have for securing electricity supply, the interconnection of national grids and cross-border trade in electricity. An enreg report has recently highlighted the most severe barriers resulting from the current legal framework. EU law does not contain detailed provisions on the construction and expansion of cross-border offshore grid infrastructure and generation of electricity from offshore wind energy. The regulatory regimes of the North Sea coastal states are thus so far essential. However, these national measures vary and therefore bear the danger of impeding the objectives of European energy policy if they are not sufficiently coordinated. enreg s proposals for the development of the necessary legal framework encompass the broadening of the national connection regimes, the implementation of the obligation for operators of interconnectors to connect generation plants, an enhanced common network development planning, as well as a minimum level of harmonisation of the existing promotion systems for renewable energy. In terms of the institutional design, coordination by the regulatory authorities is more preferable than the establishment of a supranational regulatory institution. Extending or amending the existing legislation, as well as cooperation agreements can serve as appropriate instruments. If the North Sea coastal states work together cooperatively, this can lead to the development of a regulatory framework which ensures an efficient development and competition-based operation of the North Sea offshore grid. 4
The course program and structure The Master on European and International Energy Law (MBL Energy) is a postgraduate program in the increasingly important areas of European and international regulatory law, in particular in European energy law. In Germany the MBL Energy is one of the first programs with its primary focus on energy law. It offers students specialized knowledge also in regulatory law that reaches beyond the fundamentals and creates an understanding of the correlations between competition law and the law of public utilities. This knowledge enables students for a professional career in grid and energy industries, law firms and public authorities. Modules description Module 1: Legal framework for the functioning of the energy markets This module introduces to the methodology and the content of the relevant legal topics covered by international and European law. Students will become acquainted with the knowledge from connected fields of law which is necessary to examine cases of regulatory law. This module introduces to the methodology and the content of the relevant legal topics covered by international and European law. Module 2: Economic foundations of regulatory law This module is dedicated to a general introduction to the economic foundations of regulatory law. It will be tailored to the needs of energy law. Students know to set the provisions of energy regulatory law into an economic context and to evaluate the provisions on this basis. Module 3: Introduction to regulatory law Based on a comparative approach, the structures of the formal and the substantial regulatory law are taught in this module. Students gain an understanding for regulatory systems which enables them to understand and to apply the regulatory law which is subject to the Master s program and the regulatory law which applies to other sectors. 5
Module 4: Technical fundamentals and legal framework for electricity generation This module is dedicated to the legal framework applying to the first stage of the value chain. This includes the authorization procedure and those issues that derive from energyenvironmental law. Students gain the legal knowledge that is relevant for the building and the operation of plants. This module familiarizes students with important aspects of the functioning of the electricity generation and the storage of carbondioxid which is necessary to understand the legal framework that applies to the generation process. Module 5: The legal framework for grid operation This module deals with the legal framework which applies to the operation of the grid including the liberalisation process, unbundling requirements and regulation of network tariffs. Furthermore, access to the grid-regimes is covered. Students can legally examine cases relating to the operation of the grid. This module familiarises students with important technical aspects of the functioning of the electricity and gas markets which are necessary to understand grid-related energy law. Module 6: The legal framework for energy trade and supply This module is dedicated to the final stage of the value chain, the electricity and gas supply. Students are taught the functioning of stock exchange trading and on how to draft electricity and gas supply contracts. Students gain skills in the field of negotiation and drafting energy supply and trade contracts. 6
Cooperation with experts The members of the scientific advisory board come from big law firms, power and gas enterprises, transmission system operators, state agencies for energy and regulatory law: Dr. Ingo Brinker, LL.M., Gleiss Lutz Dr. Eckhard Bremer, Hogan Lovells LLP Dr. Achim-Rüdiger Börner, Attorney at law Dr. Marc Gabriel, LL.M., Baker & McKenzie Dr. Andreas Hahn, Oppenländer Rechtsanwälte Jochen Homann, President Bundesnetzagentur Dr. Bernd Langeheine, European Commission, Deputy Director General of the Competition DG Philip Lowe, European Commission, Former Director General of the Energy DG Dr. Claudia Mayfeld, RWE Deutschland AG Dr. Andreas Metzenthin, Vattenfall Europe AG Dr. Frank Montag, Freshfields Bruckhaus Deringer LLP Marianne Motherby, Deutsche Bahn AG Andreas Mundt, President Bundeskartellamt Dr. Kai Uwe Pritzsche, Linklaters LLP Dr. Andreas Rosenfeld, Redeker Sellner Dahs Dr. Peter Rosin, Clifford Chance LLP Dr. Horst Satzky, Member of the board of directors at FIW Prof. Dr. Dirk Schroeder, Cleary Gottlieb Steen & Hamilton LLP Dr. Michael Schütte, Attorney at law, Schuette Law SPRL Michael Stephan, GDF Suez Energie Deutschland AG Dr. Kathrin Westermann, Noerr LLP Dr. Jörg Witting, Bird & Bird LLP Dr. Ulrich Zwach, Deutsche Telekom AG 7
Schedule Semester I Module Legal framework for the functioning of the energy markets Economic foundations of regulatory law Introduction to regulatory law Technical fundamentals and legal framework for electricity generation Theme Introduction to the law of the European single energy market Propaedeutic introduction to the methodology of European law / fundamentals of European law; market freedoms; competition law European Merger Control and its application to the energy sector Foundations of the present European regulation regimes and energy management International law and energy sector Merger Control Excursion to an energy intensive undertaking State aid law Energy law between European competition and regulatory law Paper Introduction to economics Repeat with cases Economic foundations Economic fundamentals of the infrastructure economy The concept of energy switch Exam From competition law to regulatory law (and back?) The EU legal framework for infrastructure regulation Introduction to the Norwegian and Chinese energy law Introduction to Russian energy law Exam Excursion to a power plant 8
Module Theme The authorisation procedure for energy plants (IPPC-Directive, environmental law) Product liability law and energy industries Legal framework for renewable energy plant and combined heat and power production plants EU renewable energy law and climate change aspects Emission trading systems Competition Policy in the European energy single market Natural monopolies, licenses The EU liberalization policies Report on excursion Semester II The legal framework for grid operation The legal framework for energy trade and supply Masters thesis Technical requirements for electricity and gas network operation System responsibility of the transmission system operator and integration of renewable energies Excursion to a TSO Unbundling regimes Regulation regimes Grid regulation Paper Excursion EEX Introduction to the drafting of contracts and to successful negotiation Electricity supply contracts European and International Law and Energy Law Energy trade law (international energy trade law, trade of certificated and energy-related products) Gas supply relationship EU-Russia Paper 9
Lecturers Christian Cleutinx Dr. Thomas Dörmer Dr. Gisela Drozella Dr. Oliver Franz Céline Gauer Dr. Christian Hampel Dr. Björn Heinlein Dr. Natalia Hohaus Peter Hohaus Prof. Dr. Bernd Holznagel Dr. Oliver Koch Prof. Dr. Torsten Körber Dr. Kristina Lührig Xiaofei Mao Dr. Jörg Meinzenbach Prof. Dr. Jochen Mohr Prof. Dr. Joachim Müller-Kirchenbauer Dr.-Ing. Matthias Müller-Mienack Dr. Anke Reimers Dr. Jan Peter Sasse Dr. Tibor Scharf Prof. Dr. Lydia Scholz Dr. Ansgar Schönborn Prof. Dr. Ulrich Schwalbe Thea Bygjordet Sveen Prof. Dr. Peter-Tobias Stoll Dr. Anna Samsel van Haasteren Prof. Dr. Christian von Hirschhausen Ulrich Von Koppenfels Dr. Susanne Wende Clingendael International Energy Programme, The Hague Taylor Wessing LLP Vattenfall GmbH RWE Deutschland AG Deputy Head of Unit, DG Competition, EC, Brussels Attorney of Law, Ernst & Young GmbH Attorney of Law, Clifford Chance Russian lecturer, Institute for Energy and Regulatory Law Berlin E.ON SE Institute for Information, Telecommun. and Media Law, University Muenster DG Competition, European Commission, Brussels Director of the Institute for Business and Commercial Law, University Goettingen Attorney of Law, Vattenfall GmbH Chinese Academy of Social Science (CSS) Attorney of Law, HengelerMueller Chair of Civil Law, Competition Law, Energy Law and Labour Law, Technical University Dresden Institute of Petroleum Engineering, Clausthal University of Technology Technical Head, GridLab GmbH Vattenfall GmbH Federal Network Agency CFSP and External relations, European Commission, Brussels Technical University of Applied Sciences Wildau Corporate Legal, Axel Springer AG Head of Department of Microeconomics and Industrial Organization, University Hohenheim Scandinavian Institute of Maritime Law, University of Oslo Public and International Commercial Law, University Goettingen DG Competition, European Commission, Brussels Head of Department of Economic and Infrastructure Policy, Technical University Berlin Case officer, DG Competition, EC, Brussels Attorney of Law, Noerr LLP 10
Application for the masters program Application requirements are listed on our website at www.master-in-energy.com. If you have any questions please contact us at energymaster@enreg.eu. Academic direction and master course team Academic directors: Prof. Dr. Dr. Dres. h.c. Franz Jürgen Säcker Prof. Dr. Dr. Jürgen Ensthaler Supervisor: Sandra Lubahn Directors of studies: Eleni-Aristea Alevizou, MBL Christine Schwarz Imprint Institut für Energie- und Regulierungsrecht Berlin e.v. EUREF-Campus am Gasometer Haus 13, 3. Obergeschoss Torgauer Str. 12-15 10829 Berlin Director: Prof. Dr. iur. Dr. rer. pol. Dres. h.c. Franz Jürgen Säcker
TU-Campus EUREF in cooperation with the Institute for Energy and Regulatory Law Berlin EUREF-Campus 13 Torgauer Straße 12-15 10829 Berlin phone: +49 (0)30 / 809 331 331 e-mail: web: 12 energymaster@enreg.eu www.master-in-energy.com