One year on: how does the Energy Union Strategy fare against the COP 21 commitments? Reaching an ambitious global agreement at the COP21 in Paris was stressed throughout 2015 as being the key objective for the Commission. Commission President Juncker described the agreement reached on 12 December 2015 at the UNFCCC as a success for the European Union. The question is, however, what will the real impact of the Paris Agreement be on EU policies? This is especially true as the Commission works on the year of delivery for the Energy Union… A few weeks ago, the European Commission celebrated the first anniversary of one of the Juncker Commission’s 10 political priorities: the Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy – a flagship initiative that the Commission in office hopes will be a marker of their term’s success. This is particularly relevant in the current context of tense political debates and interinstitutional relations, where delivering outcomes with a direct, tangible and positive impact on Member States, industry and citizens is more than ever a much sought after quality in EU policymaking. The Energy Union is one of the few sectorial initiatives enjoying broad support from Member States, industry and civil society and where the Commission believes that the EU can show concrete outcomes. The first 12 months following the publication of the Energy Union Strategy were indeed busy from a policy standpoint. Yet, the “Year of Delivery” has just begun, so much more is to be expected. 2015 was a year in which the Commission focused a great deal of attention on aligning its efforts to deliver on the objectives of the Energy Union, while presenting a first series of policy and legislative proposals included in the Strategy. These included a proposal to review the EU Emissions Trading System (ETS) – the cornerstone of EU climate legislation – as well as the review of the Energy Labelling Directive and two Communications built upon the founding principles of the Energy Union: putting consumers at the centre of energy policies and further consolidating the EU Internal Energy Market. These were the Communication on delivering a new deal for energy consumers and the Communication launching the public consultation on the energy market design. This culminated in the State of the Energy Union Report in November, which provided a stock take of the actions undertaken by the Commission until then. Stakeholders’ reactions to the Report were mainly positive, although the sense of achievement was pending the delivery of a positive and ambitious outcome from the December 2015 UNFCCC Conference in Paris. A Weber Shandwick Memo / April 2016 / Page 1 It is clear that the Commission intends to expend considerable political capital in delivering these initiatives – and indeed the promises the EU made in Paris. With the latter in mind the Commission adopted a major Energy Security Package in February 2016. This focuses on the core principles of security of supply, energy efficiency and – as criticised by many and praised by others – on gas. The Package also included two new sectorial Strategies, on Heating and Cooling and on LNG and gas storage, which set the basis for a number of additional policy and legislative initiatives that will see the light in the coming months. In fact, the lack of addressing energy efficiency and the role of renewables in the Heating and Cooling sector is seen as one of the major gaps in the EU’s climate and energy work up to now. The Heating and Cooling Strategy aims to set the scene for ambitious upcoming legislative reviews: the Renewable Energy Directive, the Energy Performance of Buildings Directive and the Energy Efficiency Directive, as well as the Electricity Market Design Reform and the Energy Union Governance. The LNG Strategy on the other hand is linked to the increasing potential of this energy source, aiming to address the gaps in EU infrastructure and to ensure a diverse and liquid gas market. Also, the Commission clearly states that they believe natural gas will play a key role in contributing to decarbonisation by easing the coal-to-gas switch, as well as the switch away from heavy fuel oils in certain transport sectors. Coming so soon after Paris, the focus on gas and increasing gas flow into the EU has raised some eyebrows, but the Commission sees these elements as necessary measures for the rebalancing of the EU energy market. Many questions about the future of EU energy and climate policies are yet to be answered, especially as regards the Commission’s plans to set up a new Energy Union Governance framework. With two out of the three key energy and climate targets for 2030 not being translated into national objectives – the targets at the EU level of at least 27% for improving energy efficiency and reaching at least 27% for the share of renewable energy consumed in the EU in 2030 – the Commission will have to provide a system to ensure that joint progress is made towards meeting the common EU goals. The implications of the Paris Climate Agreement and its impact on upcoming EU Policies A key victory was said to be the full endorsement of the goal to limit temperature rise to well below 2°C – and to ‘pursue efforts’ to limit the temperature increase to 1.5°C. Also noteworthy is the aim to ‘reach global peaking of greenhouse gas emissions as soon as possible, with an agreement to review the pledges every five years. However, there are questions about how far the Paris Agreement will take us, given that there are no real legally binding measures for the Parties. So where does this leave EU climate and energy policy? On the one hand, the Agreement has given a boost to the Commission – a failure to find an agreement could have thrown all their plans into disarray. In addition, the Commission views COP21 and Climate and Energy policy as positive stories, where they can demonstrate real EU impact both in terms of effective diplomacy and concrete policy. Given the general support to the Paris Agreement, the Commission’s main priority is now to deliver the legislation they have promised. This means, for example, that Vice-President Šefčovič and Commissioner Arias Cañete are reluctant to rock the boat and go further than the 2014 European Council regarding the 2030 energy and climate objectives. This is despite calls from the European Parliament and many Member States to increase targets. Calls to increase ambition are linked to how EU policies now measure up against a potential 1.5°C limit, particularly with respect to the reform of the European Emissions A Weber Shandwick Memo / April 2016 / Page 1 Weber Shandwick / One year on… How does the Energy Union package fare against the COP 21 commitments Trading System. Current projections indicate that the reformed ETS alone is unlikely to deliver enough reductions to stay below 1.5°C, but the Commission continues to stress that they do not have the necessary analysis to propose a new course of action. Instead, their stated intention is to prepare an analysis of what will be necessary to achieve the 2050 goals. Commissioner Arias Cañete has also stressed the significance of the 2018 global stocktake, which will address progress towards achieving climate objectives. Based on this, the EU may have to consider whether or not to submit revised targets by 2023 as foreseen in the review mechanism under the Paris Agreement. Therefore, it is unlikely that there will be any further proposals for the EU ETS reform in the short term, but new proposals are possible post 2020. In addition, there have been signals that the Commission may attempt to step up the ambition of upcoming legislative reviews, potentially including those concerning the Energy Efficiency and Renewable Energy Directives. The Paris Agreement has given the Commission a clear mandate to proceed with their climate initiatives. However it is also true that although Paris did exceed many expectations, it is still open to criticism as to its future effectiveness. This in turn leads to two levels of tension: first regarding whether or not the overall ambition will be enough to limit the temperature rise; second regarding the lack of a global level playing field for industry on climate regulation. To navigate these tensions, the Commission is highly likely to stick to their agreed course of action with some tweaks along the way, but this also hints at some heated debates ahead. A look ahead to 2017 With the Summer and Energy Security Packages on the co-legislator’s table and the implications of the Paris Climate Agreement being assessed, the Commission has now turned its focus to the remaining legislative and policy initiatives needed to deliver the Energy Union Strategy. Decarbonisation is the umbrella theme as the Commission explores ways to address emissions from key sectors not included under the ETS. By translating the 2030 targets into legislation, energy efficiency and sustainability initiatives for non-ETS sectors (such as transport, buildings or agriculture), currently responsible for 55% of the EU’s total emissions, will ultimately contribute to the overarching decarbonisation objective of 40%. The framework for non-ETS sectors, including transport, buildings, agriculture and waste, will be revamped with the proposal for a new Effort Sharing Decision (ESD). The Commission will however be challenged to ensure a balanced contribution between the sectors, while simultaneously allowing sufficient flexibility for Member States to take the local context into account. This is increasingly relevant as Member States reduce emissions from the non-ETS sectors, while implementing horizontal policies aimed at enhancing energy efficiency and sustainability. With the Energy Efficiency Package, the Commission will update the overall energy efficiency framework, including the headline target of 27-30%, as well as directly targeting the energy performance of buildings and the ecodesign and labelling of products. This set of legislative proposals should contribute to mainstreaming the ‘Energy Efficiency First’ principle. The Renewable Energy Package, which will implement an EU-level binding target of 27% renewable energy by 2030 and A Weber Shandwick Memo / April 2016 / Page 3 Weber Shandwick / One year on… How does the Energy Union package fare against the COP 21 commitments address waste to energy and bioenergy sustainability, will have to be aligned with the energy efficiency policy, for example when it comes to decarbonising the heating and cooling sector. The need to reconcile energy efficiency with renewable energy should feature strongly in the market design proposal, which will seek to change the fundamentals of the internal energy market. The Commission aims to make energy consumption more flexible and facilitate the decentralisation of energy production, empowering the consumer through demand-side response abilities and integrating on-site and district-level renewable energy production into the system. In a European economy still recovering from the financial crisis, promoting cost-effective mitigation will remain of paramount importance, not only in promoting energy efficiency and renewable energy measures, but also between different non-ETS sectors. The Commission will, for example, present a proposal to include for the first time land use, land use change and forestry (LULUCF) under the 2030 framework. Yet how will it ensure a fair and equitable distribution in emissions mitigation requirements between Member States, recognising local differences and allowing sufficient flexibility? A similar dilemma can be witnessed in the approach to transport. The Communication on the decarbonisation of transport and the Action Plan on Alternative Fuels will define how the sector can contribute and will include a range of options for decarbonisation at EU and national level. However, costeffectiveness demands technology neutrality to be maintained, with an agnostic and harmonised EU framework to enable differentiated action by Member States. This cost-effectiveness will also have to feature in the long-term decarbonisation horizon, as well as in the overall governance of the Energy Union by allowing Member States sufficient flexibility. The Commission will present its Energy Union Integrated Strategy on Research, Innovation and Competitiveness, which will include decarbonisation pathways to 2050 and beyond. This may also feed into the Second State of the Energy Union Report, for which the Commission is considering countryspecific recommendations and a legislative proposal on Energy Union Governance. These initiatives assess the implementation of the Energy Union and lay down the rules for its governance, ultimately determining the long-term viability of this flagship initiative. At a time when Parliament insists on increasing the level of ambition of upcoming proposals – while Council seems reluctant to go beyond its 2014 Conclusions – a major challenge for the Commission will be to guarantee that any overlap of the initiatives does not lead to adverse effects on the costeffectiveness of the measures promoted and the security of the energy system at large. A Weber Shandwick Memo / April 2016 / Page 4 Weber Shandwick / One year on… How does the Energy Union package fare against the COP 21 commitments About Weber Shandwick’s Energy and Climate Practice Through our portfolio of clients, we have long-standing experience in designing and executing EU integrated advocacy campaigns for a range of international, national and local companies and associations in the energy, climate and environment sectors. Putting the client at the centre of our work, we combine our advisory capacity in a range of disciplines and services designed to enhance our clients’ ability to identify and explore the most effective engagement strategies with key policy audiences. Ranging from global integrated energy companies, green innovators, renewable energy and conventional and unconventional hydrocarbon producers, energy-intensive industries or climate mitigation technologies, we support our clients in managing and protecting their reputations, supporting company profiling and ensuring that policy-making reflects market realities in what has become a fiercely competitive and emotive environment. Firm believers in the integration of interest representation, we also have extensive experience in cross-sector coalition and alliance building as a means of representing shared interests at EU level. Weber Shandwick has a proven record in promoting flagship climate technologies or alternative transport fuels, averting regulatory threats for energy producers at European and national level and broadly representing clients’ interests in the EU energy and climate policy fora. A Weber Shandwick Memo / April 2016 / Page 5 A Weber Shandwick Memo / April 2016 / Page 4
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