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EREF European Renewable Energies Federation
EREF Board Meeting Brussels, 20 October 2015 Dr. Dörte Fouquet - EREF Representing Director -
EREF European Renewable Energies Federation
4. Membership fee issues 2015
EREF European Renewable Energies Federation
EREF Membership developments since May 2015
EDORA: request for 2015 membership fee suspension due to financial difficulties
ARGE Netz: cancellation of membership after 2015
Outstanding 2015 membership fee payments as of today: € 12,565
Calculation of membership fees for 2016 pending
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EREF European Renewable Energies Federation
5. Update on EREF actions – past and future -
EREF European Renewable Energies Federation
EREF action between May and October 2015
Regular action
EREF policy briefings EREF SHP newsletter (quarterly) Updates on ongoing issues Participation in • post-EREC policy meetings • RES Steering Committee meetings • Hydro policy network meetings • IDEAS meetings • Community Power meetings • Relevant WFD CIS Working group meetings Website updates 5
EREF European Renewable Energies Federation
EREF action between May and October 2015
Specific action EREF Small Hydropower Workshop (Jun 2015) EC consultation meeting on Natura 2000 Guidelines for Small Hydropower Development (Jul 2015) Joint position paper with Brussels-based renewable associations on energy market design (Jul 2015, not yet published) Detailed report and positions on capacity markets and capacity mechanisms (Aug 2015) Joint letter with Brussels-based renewable associations on 2030 governance to EC (Sep 2015) Joint letter with Brussels-based renewable associations on investment security to EC (Sep 2015) 6
EREF European Renewable Energies Federation
EREF action between May and October 2015
Specific action continued Position paper on energy market design (Sep 2015) Joint position paper with Brussels-based renewable associations on 2030 governance (Sep 2015) Reply to EC’s public consultation on market design (Oct 2015)
Keep on Track Organisation of policy workshop (Brussels) Development of 7th Policy Briefing Final technical and financial project report 7
EREF European Renewable Energies Federation
EREF action between May and October 2015
Project with EU RECP Dissemination activities on renewable energy related RECP activities to EREF members and database Participation in questionnaire € 12,000 income for EREF
Communication activities
1 press release (EREF position on energy market design) Article on small hydropower developments (REECO) Installation of Twitter account Update of email distribution lists Presentations and participations in panels at conferences 8
EREF European Renewable Energies Federation
Planned EREF action from October 2015 onwards
Specific action Series of meetings with EC officials (DG Ener, Comp, Clim, Sec Gen, Env) re market design, governance, RED, SHP Finalization of EREF position papers on governance (Nov 2015) EREF position paper on new Renewable Energy Directive including annex with detailed text proposals (Dec 2015) Joint position paper with Brussels-based renewable associations on new Renewable Energy Directive (Dec 2015) EP Briefing event on governance (sponsored by BEE, Dec 2015) EREF letter to President Juncker to complain about funding of coal and gas through EFSI (if still applicable) 9
EREF European Renewable Energies Federation
Planned EREF action from October 2015 onwards
Specific action continued EREF SHP Chapter: position paper and background info on small hydropower issues Reply to EC’s public consultation on the new Renewable Energy Directive (Jan 2016) EREF’s New Year Reception (26 Jan 2016) Development of follow up project proposal to Keep on Track (Jan 2016)
Communications Internet forum for Members (2015) Presentations at conferences Policy chat 10
EREF European Renewable Energies Federation
EREF Board Meeting Brussels, 20 October 2015 Dr. Dörte Fouquet - EREF Representing Director -
EREF European Renewable Energies Federation
6. Presentation of ideas for future EREF membership fee structure and income possibilities
EREF European Renewable Energies Federation
EREF Small Hydropower Chapter
Regarded as special task within EREF
Existing EREF Members contributed on voluntary basis in addition to their EREF membership fees
RENEXPO Salzburg, Nov 2015: opportunity to gain additional Members and supporters
Will former ESHA Members join?
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EREF European Renewable Energies Federation
8. Political report from Brussels
EREF European Renewable Energies Federation
The “Energy Union Package” (February 2015)
Goal: “a resilient Energy Union with an ambitious climate policy at its core is to give EU consumers households and businesses - secure, sustainable, competitive and affordable energy. Achieving this goal will require a fundamental transformation of Europe's energy system.”
Ambition: “to make the EU the world number one in renewable energies”
EREF European Renewable Energies Federation
Main EU agenda topics
Energy market design (including self-consumption and capacity markets and mechanisms)
Heating and Cooling Strategy
Governance
Revised Renewable Energy Directive
Other EU updates
Investor protection
European Funding Opportunities
EREF European Renewable Energies Federation
Vision for a new European energy market
Increased competition (more players)
A market fit for renewables
Increased cross-border flows of electricity
Consumer as prosumer
Producer
Self-consumption
Choice from where to get electricity
EREF European Renewable Energies Federation
A new Energy Market Design: Currently preferred positions of the European Commission
High importance of harmonised network codes
Enhanced development of inter-connectors within the EU
Energy-only market with a secured supply;
Creation of balancing-markets
Inter-linkage of intra-day markets from 2017 onwards
Electricity price peaks as investment incentives (no limits to electricity price peak)
EREF European Renewable Energies Federation
A new Energy Market Design: Currently preferred positions of the European Commission
“Integration” of renewables in the market through
Subsidies and support for renewables in line with the market
Balancing responsibility for renewables
As soon as new market design functions, priority dispatch for renewables will be abandoned
Equal treatment of demand-side management and electricity production
EREF European Renewable Energies Federation
A new Energy Market Design: Currently preferred positions of the European Commission
Role of consumers:
Dynamic billing for consumers
No regulated electricity prices
Highly flexible demand-side management for companies and especially for private households
Aggregators for private households
EREF European Renewable Energies Federation
A new Energy Market Design: Currently preferred positions of the European Commission
No subsidies/support for power stations which loose money; instead market-based approach
National capacity markets will not be allowed to disrupt European market design
Assessment of national capacity markets needs to be done with a harmonized/same methodology
Regular revision/check of market system during transition periodEnhanced European interconnectivity (transnational grid capacity)
EREF European Renewable Energies Federation
Potential implications of new Energy Market Design on EU Member States
Possibility to participate in balancing markets and intra-day markets
New business models and strategies given electricity price peaks (storage, self-consumption)
Potential changes to existing capacity market?
End of subsidies to uneconomical power stations (Coal? Nuclear?)
EREF European Renewable Energies Federation
Heating and Cooling Strategy
Commission regards heating and cooling as low hanging fruit (currently only 15% of H&C generated by renewable energy
Several public consultation meetings
Major elements include energy efficiency and use of local energy sources
Strategy to be presented by beginning of 2016
EREF European Renewable Energies Federation
Some background from within the Commission DG Ener looks carefully at the German debate and hopes that the German path towards an EOM without capacity market systems but capacity reserve may help to go after excessive capacity market plans of other MS
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EREF European Renewable Energies Federation
A new Energy Market Design: timeline New Energy Market Design
15 Jul - 8 Oct 2015
End of public consultation on market design
Nov 2015 – Feb 2016
Evaluation and consolidation of content of new energy market design
18 Nov 2015
Vice-President Šefčovič: State of the Energy Union
Nov/Dec 2015
EP Ini Report on Energy Union?
Jan 2016
Publication of Heating and Cooling Strategy
Spring 2016
Impact assessment of energy market design
Q4 2016
2016 Winter Package including Market Design Directive, Renewable Energy Directive, Energy Efficiency Directive, sustainability criteria, labelling (tbc)
18 Nov 2016
Vice-President Šefčovič: State of the Energy Union
End of 2016/ early 2017
Legislative reports
EREF European Renewable Energies Federation
A new Energy Governance structure: key elements
Precise and robust governance system which
Guarantees investment security
Promotes cooperation and coordination among Member States
Ensures achievement of 2030 RE target
Defining national renewable energy contributions
Ensuring the implementation of national contributions
Regional cooperation and coordination
EREF European Renewable Energies Federation
A new Energy Governance structure – discussed options 2030 goal: a binding EU-wide target of at least 27% renewable energy within gross final energy consumption
Binding or non-binding national renewable energy contributions? Binding regional targets?
Enforcement of the implementation of national contributions? Potential implications on EU Member States:
non-binding national RE targets will allow nonambitious RE policy Possibility to leave it to other EU Member States to develop RE
EREF European Renewable Energies Federation
A new Energy Governance structure – discussed options
Regional cooperation (coordinated regional policy planning, joint projects between Member States, joint research activities and co-funding for innovative technologies)? Potential implications on EU Member States: Joint RE development with direct neighbours, “electricity” neighbours or within regions
EREF European Renewable Energies Federation
A new Energy Governance structure – discussed options
Incentivizing national investments in renewable energy? Countries with ambitious RE targets get additional EU funding. Potential implications on EU Member States: “Under-performing” Member States pay for projects in “over-performing” Member States Additional funding opportunities for RE projects in “over-performing Member States
EREF European Renewable Energies Federation
A new Energy Governance structure: timeline 2030 Governance Scheme 6 Oct 2015
Meeting of task force on national energy and climate plans (national focal points) re country fiche and governance scheme
20 Oct 2015
End of Energy Union Tour of Vice-President Šefčovič:
18 Nov 2015
Vice-President Šefčovič: State of the Energy Union
26 Nov 2015
Energy Council Conclusions
Nov/Dec 2015
EP Ini Report on Energy Union?
Dec 2015
New reference scenario
Q4 2016
2016 Winter Package including Market Design Directive, Renewable Energy Directive, Energy Efficiency Directive, sustainability criteria, labelling (tbc)
18 Nov 2016
Vice-President Šefčovič: State of the Energy Union
EREF European Renewable Energies Federation
Revision of the Renewable Energy Directive Commission plan: renewable energy package in winter package 2016
Including a new Renewable Energy Directive
New Directive will have special chapter on community and citizens involvement
Pending discussion on two options:
Recast of current Directive
Complete new development of Directive
Public consultation process in November 2015 (key topics will be state aid and priority dispatch)
EREF European Renewable Energies Federation
A new Renewable Energy Directive: timeline Revision of the Renewable Energy Directive Nov 2015 – Jan 2016
Public consultation process on new Renewable Energy Directive
18 Nov 2015
Vice-President Šefčovič: State of the Energy Union
Nov/Dec 2015
EP Ini Report on Energy Union?
Dec 2015
New reference scenario
Spring 2016
Impact assessment of energy market design
Q4 2016
2016 Winter Package including Market Design Directive, Renewable Energy Directive, Energy Efficiency Directive, sustainability criteria, labelling (tbc)
18 Nov 2016
Vice-President Šefčovič: State of the Energy Union
End of 2016/ early 2017
Legislative reports
EREF European Renewable Energies Federation
Other EU Updates What?
Status
Communication on Energy Security
EP initiative report rejected in final vote in June 2015. No official EP view.
EU Energy Union
EP initiative report pending. Stalled finalization of report due to internal rules of procedures and political considerations among Parties.
Climate agreement in Paris
EP initiative report – 15 MEPs as part of EU delegation
Medium Combustion Plants Directive
Reached agreement (June 2015): plants with output > 5MW have time until 2025 to comply; plants between 1-5 MW have time until 2030.
EU Sustainable Energy Declarations with third countries
Prelude to 2nd and 3rd aspect of “making the EU no.1 in renewables”: EU industry policy and policy to boost export of European renewable equipment and know-how (planned for 2016)
EREF European Renewable Energies Federation
SHP related EU developments What?
Status
ECJ decision on interpretation of the WFD
Confirms principle to prevent the water body from “deterioration of the status” or to enhance its quality by implementing a duty to obtain an appropriate permit
Guidelines for SHP development in Natura 2000 areas
New draft version by late autumn 2015 High-level conference in Nov 2015 Final proposal by beginning of 2016
Water Framework Directive
Revision planned for 2019; not earlier as originally announced by European Commission
CIS work programme 201618
Final programme to be adopted in Nov 2015 Less working groups
EREF European Renewable Energies Federation
Investor protection under the Energy Charter Treaty in view of retroactive changes in legislation for RES support in some MS of the EU Art. 10 Energy Charter Treaty: “Each Contracting Party shall, in accordance with the provisions of this Treaty, encourage and create stable, equitable, favourable and transparent conditions for Investors of other Contracting Parties to make Investments in its Area. Such conditions shall include a commitment to accord at all times to Investments of Investors of other Contracting Parties fair and equitable treatment. Such Investments shall also enjoy the most constant protection and security and no Contracting Party shall in any way impair by unreasonable or discriminatory measures their management, maintenance, use, enjoyment or disposal. In no case shall such Investments be accorded treatment less favourable than that required by international law, including treaty obligations. Each Contracting Party shall observe any obligations it has entered into with an Investor or an Investment of an Investor of any other Contracting Party.”
EREF European Renewable Energies Federation
Investor protection: The principle
Energy Charter Treaty in principle allows investors to proceed against “host” States Dispute resolution through arbitration •
Several cases, e.g. against Spain, against Czech Republic…
Question: how does that sit in proceedings between investors from Member States against Member States? Shouldn’t it normally be the European Commission?
EREF European Renewable Energies Federation
Position of the European Commission: General
European Commission considers Energy Charter Treaty nonapplicable in proceedings against Member States
„Amicus Curiae“ in several proceedings
Respectively: Damages to undertakings = illegal State aid (Czech Republic, Romania…)
AES vs. Ungarn, ICSID-Case No. ARB/07/22; Electrabel vs. Ungarn, ICSID-Case No. ARB/07/19, Micula vs. Rumänien; Antin vs. Spain, ICSID Case No. ARB/13/31; Eiser vs. Spain, ICSID Case No. ARB/13/36
BUT: Arbitration tribunals consider Energy Charter Treaty applicable
ONLY: primacy of EU law •
What has been enacted in order to implement EU law cannot violate Energy Charter Treaty!
EREF European Renewable Energies Federation
Position of the European Commission Latest “Practical example”-Case Micula /Steel business
Romania maintained- prior to accession to EU – certain custom exemptions Micula brothers benefited from that
In accession negotiations custom exemptions abolished Micula brothers sued under bilateral investment treaty
Arbitration tribunal ordered Romania to pay 82 million Euro damages Commission argued – though involuntarily – this would be State aid and prohibited the payment
Case now before the General Court (T-646/14)!
EREF European Renewable Energies Federation
The „Vattenfall“ case: History
First proceedings initiated in 2009 Vattenfall AB, Vattenfall Europe AG, Vattenfall Europe Generation AG v. Federal Republic of Germany (ICSID Case No. ARB/09/6) under the Energy Charter Treaty at the World Bank’s ICSID
Reason: environmental restrictions imposed on a €2.6 billion coal-fired power plant being under construction along the banks of the Elbe River Claim: EUR 1.4 billion
March 3, 2011: Parties settle by agreement embodied in an award by consent Germany paid, standards were lowered
The EU Commission did not intervene as “amicus curiae”!
EREF European Renewable Energies Federation
The “Vattenfall” case: Latest
Vattenfall initiated arbitration proceedings under the Energy Charter Treaty against Germany Reason: Germany decided to speed up the nuclear phase-out Request: 4 675 903 975,32 Euro damages!
European Commission in September 2015 joined as «amicus curiae» Was asked by the Tribunal to submit its observations Likely Commission again to defend its position that against Member States Energy Charter Treaty nonapplicable
EREF European Renewable Energies Federation
European Funding Opportunities SET Plan
European Commission launched new Strategic Energy Technology (SET) Plan (15 Sep)
SET Plan Conference in Luxembourg (21/22 Sep)
No official EC communication, but document from Sec Gen
Ping-pong game between stakeholders for final communication
Global Industry Technology Leadership (GITL) Fund planned for 2016 including enlarged funds for energy
GITL Fund part strategy to “make the EU no. 1 in renewables
EREF European Renewable Energies Federation
European Funding Opportunities NER 400
NER 400 part of EU’s Framework for Climate and Energy 2020-2030
Extended scope to cover “low carbon innovation in industrial sectors”.
2.1 bn EUR for innovative renewable energy projects and one CCS project
So far, mainly project applications for CCS
Big funding opportunity for renewables
EREF European Renewable Energies Federation
European Funding Opportunities Horizon 2020 & others
Horizon 2020 draft work progammes for 2016-17 available; subject to final changes
Final work programme expected for mid-/end of October 2015
BBH is in process of finalising detailed overview of available funding schemes for renewables at EU and national levels (EU member States)
African-EU Renewable Energy Cooperation programme (RECP): new RECP Portal including main RECP products and services for private sector stakeholders such as the Finance Instrument Database and country market briefings
EREF European Renewable Energies Federation
Update on the RES Steering Committee
EREF European Renewable Energies Federation
RES Steering Committee
Formal request for meeting between national associations and Brussels-based renewable energy associations
Suggestion to meeting before EREF New Year’s Reception to discuss joint actions on governance and RES Directive
Invitation to Commissioner Cañete to speak to RE community during EREF New Year’s Reception
TF RED/Governance - Changed lead from SPE to EWEA - Joint position paper on governance (Sep 2015) - Joint position paper on RED (Dec 2015) 45
EREF European Renewable Energies Federation
RES Steering Committee
TF Market Design
Joint position paper on Market Design (Nov 2015)
Media training (mid- November? EWEA? EREF?)
TF Heating and Cooling
Several background paper sent to Commission
Continued meetings and input
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EREF European Renewable Energies Federation
EREC Update
No news on pending liquidation process of EREC and claim of REH landlord
Payback of EREF’s indemnity payment to EREC staff pending
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EREF European Renewable Energies Federation
Upcoming consultations and events
EREF European Renewable Energies Federation
Ongoing development of new energy market design
EC public consultation process on the new Renewable Energy Directive (Nov 2015 – Jan 2016)
State of the Energy Union speech of Vice-President Šefčovič (18 Nov 2015)
Governance?
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EREF European Renewable Energies Federation
Other EU Updates - Upcoming meetings Event BBH Energy Conference
Energy Dialogue Event
EREF New Year’s Reception
Content
Place
Date
Brussels
12 Nov 2015
Showcasing local and national lessons learnt to Brussels promote energy transition
18 Nov 2015
15th anniversary of EREF
26 Jan 2016
Climate policy needs (UNFCCC COP 21); EU energy system transition; system integration; and investment security
Brussels
EREF European Renewable Energies Federation
EREF Board Meeting Brussels, 20 October 2015 Dr. Dörte Fouquet - EREF Representing Director -
EREF European Renewable Energies Federation
11. Any other business
EREF European Renewable Energies Federation
EREF New Year’s Reception
15th anniversary
Tuesday, 26 January 2016 (tbd)
Natural History Museum (EP not available anymore)
Invited speakers:
Commissioner Cañete MEP Claude Turmes
Expected participants: around 100
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EREF European Renewable Energies Federation
Thank you for your attention!
