Thesis-Anne-Vos-Masters-SBR-and-EU-Law-3

1 Introduction
For already some time the supply of energy is a hot topic of debate. Energy is an essential life
source which importance cannot be overestimated. It is however problematic that the energy
demand increases every year, especially in the more wealthy countries, while the fossil fuels
become scarce. In order to address this problem, many countries research alternative resources.
Hereby, sustainable energy is of special importance. This can be explained by the fact that this
type of energy is less polluting and produces less greenhouse gas emissions in a world that suffers
from severe climate change. Several (new) types of energy come along to fulfil the increasing
energy demand, such as wind energy, geothermal energy, solar energy, but also e.g. nuclear
energy.
Moreover, energy supply is not only an important life source, but also – due to its importance in the
current society – political and economic leverage. Due to these political and economic reasons, MS
or entire regions (such as the EU) desire to be self-sufficient. This reasoning can be illustrated by
the current events in Ukraine and Russia. Because of political events in Ukraine, Russia threatens
to shut off the energy tap not only towards Ukraine, but also to the entire European Union. This
would have large implications for the EU and many of its MS, because many of them are
dependent on Russia for the supply of energy. Russia is for the EU even the largest oil, gas,
uranium and coal exporter. 1 For the Netherlands’ energy supply Russia is also very important. 2 As
an example serves the fact that Russia has supplied 27% of all imported crude oil into the
Netherlands in 2012. 3 This immediately illustrates the importance of self-supply of energy or at
least an energy-mix with different suppliers. This can secure the energy supply, reduce the
dependence on import and also strengthen the bargaining position of a MS in economic or political
discussions.
All in all, enough reasons for countries to research other alternative or renewable energy
resources. While the EU and MS especially stimulate the exploration of renewable energy –
according to the Renewable Energy Directive, 4 the ‘2020 climate and energy packet’, the ‘2030
framework for climate and energy policies’ 5 and the ‘Energy Roadmap 2050’ of the EU – other
‘new’ resources also start to develop. One of these is the development of shale gas. However, this
discussion on shale gas as a new energy source was accompanied by the discussion on shale gas
extraction as a threat for the environment and the society.
1.1 Shale gas
The recently developed interest in shale gas extraction started in the United States. Due to the
improvement of certain techniques – hydraulic fracking and horizontal drilling – this type of energy
begun to be economically recoverable. The extraction however was quite controversial in the
United States and it raised a lot of fuss. The American documentary ‘Gasland’ on the dangers for
the environment, the drinking water and human health of shale gas extraction has received
widespread attention. 6 The controversy in the U.S. was also raised by the fact that the gas
companies bought the ‘gasland’ from poor farmers for little money. Nonetheless, this shale gas
extraction made the US in a short amount of time one of the world’s leaders in the field of gas
production. 7 This development flew across the Atlantic and the idea of shale gas extraction started
1
http://ec.europa.eu/energy/international/russia/russia_en.htm
2
http://www.rijksoverheid.nl/onderwerpen/betrekkingen-met-nederland/rusland
3
http://www.cbs.nl/nl-NL/menu/themas/internationale-handel/publicaties/artikelen/archief/2013/2013-russische-federatie-
2012-art.htm
4
http://ec.europa.eu/clima/policies/package/index_en.htm; here, MS have taken on binding national targets for raising the
share of renewable energy in their energy consumption by 2020.
5
http://ec.europa.eu/clima/policies/2030/index_en.htm; here, the Commission proposes an objective of increasing the
share of renewable energy to at least 27% of the EU's energy consumption by 2030.
6
Made by Josh Fox in 2010.
7
http://www.eia.gov/todayinenergy/detail.cfm?id=13251
7