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EU Gas ISSUE

March 2006

European gas – competition inquiry identifies problems


Published in February, the European Commission’s interim report of its Energy Sector Inquiry makes intriguing, if rather depressing, reading for proponents of gas market liberalisation across Europe, and indeed for UK gas consumers, whom British energy regulator, Ofgem, believes have already paid £3.5bn too much for their gas as a result of the slow pace of liberalisation in most European gas markets. The report paints a picture of European markets closed to new entrants by five major barriers outlined below.  

Market concentration  

European markets, with the exception of the UK , remain dominated by former (or in some cases still actual) monopolies. There are very limited signs of liberalisation actually leading to significant customer switching in most markets. The dominant national gas suppliers largely control gas imports (and often indigenous gas production). A key stepping stone to effective gas-to-gas competition would be the emergence of liquid gas trading hubs, which would give new entrants a viable source of gas supply. However, one of the noticeable features of the report is the extremely low level of short-term gas trading, outside the hubs that serve the UK market. The figures below compare the level of trading linked to the UK gas market (trading spot and forward at the NBP and the UK beach terminals, trading futures contracts on the IPE NBP gas futures contract, and trading spot and forwards at Zeebrugge, which although located in Belgium, primarily serves the UK gas market), with the level of trading at all other significant European trading locations. Although the figures are based on surveys and are not a complete picture of European gas trading, the overall message is striking – the total volume of gas traded short-term in or based on the UK gas market in 2003-2004 was almost 100 times the volume traded at across the rest of Europe .  

 

 

Vertical foreclosure and market integration  

The tiny volumes of gas traded outside the UK market is crucial because of two other characteristics of the European gas markets – the high level of vertical integration and the low level of market integration. If new entrants are not able to purchase sufficient volumes of gas by liquid spot markets, they must access to other supply options. However, the Commission believes that the network of long-term gas supply contracts between the gas producers and the major European gas companies, makes it very difficult for new entrants to gain access to gas. In addition the lack of effective arrangements for new entrant access to transportation and storage infrastructure, and the lack of market integration between different member states, mean that even where new entrants have managed to obtain gas supplies, it is very difficult for them to transport it to market or purchase the flexibility (typically through gas storage) necessary to market it effectively to end-users. The Commission’s report include a fascinating study on available capacity on key gas transit routes across Europe . It finds that new entrants are locked out of key pipelines by long-term contracts with incumbents that have sold almost all primary capacity until at least 2015. The lack of effective congestion management arrangements (arrangements for allowing other players to access on an interruptible basis pipeline capacity that the primary owners are not using) means that new entrants can not use these pipes, despite the fact that in physical terms there is often significant spare capacity on them.  

Transparency and price formation  

Other problems indication by the Commission include lack of transparency and price formation structures, notably the oil price indexation common in most European long-term gas contracts. Without timely and accurate information it is very difficult for new players to plan and operate their businesses, or indeed for regulators to assess what’s going on in the market, as Ofgem has recently complained of in its investigation into high UK gas prices and low Interconnector flows in November 2005.  

What will happen next?  

The Energy Sector Inquiry has already pointed out major shortcomings in the gas (and electricity) markets across Europe . The inquiry still has a way to run, however, with a final report only due at the end of 2006. In the meantime battle-lines are starting to be drawn. Last week Competition Commissioner Neelie Kroes, speaking at a conference in Brussels , hinted that the Commission may push for full structural unbundling of transportation and supply businesses, which would see huge changes to many European companies. The actions of companies and national governments in the proposed mega-merger of GDF and Suez and the ongoing battle between Gas Natural and E.ON to acquire Endesa have also raised hackles at the Commission, with allegations of protectionism and attempting to forestall competition. Elsewhere competition action is beginning to take effect, such as with the recent fine of 290 mn Euros imposed on Italian gas company, ENI, for its failure to comply with competition conditions. 2006 looks like being a crucial year for European energy.  

The European Commission’s interim report of its Energy Sector Inquiry can be found at:http://www.europa.eu.int/comm/competition/antitrust/others/sector_inquiries/energy/#16022006  

By Nick White. MJMEnergy Ltd  

 

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