What's in a Name?: Legal Implications of the EU Recommendation on Shale Gas

摘要

On January 22, 2014, the European Commission published its Recommendation on Shale Gas calling on the Member States of the European Union (EU) to apply a set of common principles for the performance of exploration and production of hydrocarbons by means of high-volume hydraulic fracturing. These principles are considered as minimum and "complementary" to existing EU environmental and safety legislation. From a political perspective, the Recommendation is a transitional compromise among the Commission and Member States for the next years, which overall has been well-received by industry. On the one hand, while the Recommendation puts forward a series of principles that will help hydraulic fracturing gain public confidence in Europe, it does not significantly affect the current state of play of diverse national rules and practices across Europe.