Page 21 - Gi flipbook February 2018
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jurisdiction of the European Court of
                                                                                   Justice (ECJ), but common sense
                                                                                   dictates this is aligned with the end of
                                                                                   the current phase of the scheme. The
                                                                                   UK will also want to introduce
                                                                                   something in its place, as it needs to
                                                                                   secure ongoing reductions in carbon
                                                                                   emissions to meet its Paris Agreement
                                                                                   commitments as well as its binding
                                                                                   domestic Climate Change Act targets.
                                                                                   Given its preference for market-based
                                                                                   mechanisms, creating a new UK
                                                                                   trading scheme, possibly linked to the
                                                                                   ETS, could be an option.
                                                                                     Finally, UK negotiators will want to
                                                                                   ensure that the UK’s ability to
                                                                                   continue to develop its domestic
                                                                                   onshore shale gas reserves remains
                                                                                   intact post Brexit. This is perhaps
                                                                                   unlikely to be controversial, because
                                                                                   the EU has not been a proponent of
                                                                                   shale. Policy development has been
                                                                                   left to member states, and the UK
                                                                                   government has been an enthusiast.
                                                                                   UK shale prospects could certainly be
                                                                                   improved by further tax and other
                                                                                   incentives to accelerate the industry
                                                                                   and head off security of supply
                                                                                   concerns post-Brexit, but in reality the
                                                                                   big factor here is likely to be the oil
                                                                                   price and the UK geology.
                                                                                     However, returning to the big picture,
                      Domestic gas prices will inevitably                          we should remember that two deals
                      see upward pressures if the sterling                         are actually needed: one to document
                                                                                   the withdrawal terms, including the
                      exchange rate remains depressed,                             basis of the implementation period,
                                                                                   and one to detail the enduring trading
                      especially if LNG imports increase                           arrangements once the
                      (e.g., from the US), and if the UK                           implementation period ends.
                                                                                     As we head into the crucial next
                      markets detach from the EU markets                           phase of negotiations in 2018, UK
                                                                                   negotiators must maintain a clear
                                                                                   focus on the latter. The risk is that,
                 security of supply, facilitating   the EU, allowing continued operation   with so little time, we might head
                 functioning energy markets; both key   of the cross-border interconnectors   towards the end of 2018 with a
                 strategic aims of the UK and EU.   and integration of markets.    substantive withdrawal and
                   Furthermore, access to cheaper   However, if the UK is to avoid   implementation deal, but without
                 energy from the continent has    become a rule taker, its negotiators   much progress on the enduring
                 benefitted UK consumers, and     should be seeking some meaningful   trading arrangements. That simply
                 particularly in relation to electricity   influence in the development of the   delays the hard Brexit ‘cliff edge’,
                 has facilitated the construction of new  IEM rules, and this means continued   leaving the EU to dictate the terms of
                 interconnectors, which in turn have   active involvement with the   the trade deal knowing that the UK
                 bolstered security of supply.    European Network of Transmission   faces the unappealing choice of either
                   Whilst few would argue that    System Operators for Gas (ENTSO-g),   extending the implementation period
                 significant tariffs on cross border   ENTSO-e for electricity, and the   or falling off the cliff. A perpetual
                 interconnector flows are a likely Brexit   Agency for the Co-operation of   series of extensions to this is surely
                 scenario, one of the greatest threats is   Energy Regulators. After all, ongoing   the worst of all worlds. ■
                 surely regulatory divergence.    UK participation has been viewed as
                 Remaining in the IEM means adhering   generally positive and constructive.   ■ Read Shakespeare Martineau’s
                 to the current IEM rules (specifically   Looking beyond the IEM, the UK’s   report, The Impact of Brexit on the
                 the Third Package and the Network   approach to the ETS is going to be   Energy Sector: Till Brexit Do Us Part
                 Codes) – even if as part of UK law. This   critical. A UK exit from the ETS is   by visiting www.shma.co.uk/web/
                 requires the UK regulatory and market   certain if the UK holds its line that it   FILES/Brexit/Brexit-energy-sector-
                 regime to remain aligned with that of   does not want to be within the direct   insights-August-2017.pdf






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        BrexitOnUKGas.indd   2                                                                                    18/01/2018   11:32
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