Select Committee on European Scrutiny Twenty-Sixth Report


2 Strategy for sustainable, competitive and secure energy

(27343)

7070/06

+ ADD 1

COM(06) 105

Commission Green Paper: A European Strategy for Sustainable,

Competitive and Secure Energy

Legal base
Document originated8 March 2006
Deposited in Parliament15 March 2006
DepartmentTrade and Industry
Basis of considerationEM of 31 March 2006
Previous Committee ReportNone, but see footnotes
To be discussed in Council8 June 2006
Committee's assessmentPolitically important
Committee's decisionFor debate in European Standing Committee

Background

2.1 According to the Commission, Europe has entered a new energy era characterised by an urgent need for investment to meet expected demand and replace ageing infrastructure; a rising dependency on imports, some of which are from regions threatened by insecurity; a situation where reserves are concentrated in a few countries; a rising global demand for energy, together with rising oil and gas prices (which in turn have an impact on electricity prices); and the need to adjust to climate change. It adds that Europe has not yet developed fully competitive internal energy markets, and that, only when it has done so, will the benefits of security and lower prices be felt. It also believes that this requires a common response, under which the Community, as the world's second largest energy market, tackles the situation using a range of policies, but that, because of the long lead-in time in this area, there is a need to act urgently.

The current document

2.2 The Commission has therefore set out in this Green Paper the basis of such a policy, and has identified six key areas where it considers action is necessary in order to achieve the core aims of sustainability, competitiveness and security.

COMPETITIVENESS AND THE INTERNAL ENERGY MARKET

2.3 The Commission reiterates that these aims will not be achieved without open and competitive energy markets, and it says that by July 2007 every consumer, with "very few" exceptions, will have a legal right to purchase electricity and gas from any supplier within the Community. However, despite this, it points out that many markets remain largely national and dominated by a few companies, and that there are many differences in the approaches adopted by Member States to market opening. It also says that by the end of 2006 the second electricity and gas Directives will have been implemented, and that it will have completed its competition enquiry into the functioning of these markets. At that point, a final decision will be made on any additional legislative measures needed, notably to ensure non-discriminatory network access, adequate available network capacity, liquidity on gas and electricity markets, and effective regulation.

2.4 In the meantime, the Commission has identified five core areas where it says particular attention is needed:

  • It says that consumers need a European grid, achieved by ensuring common rules and standards on issues affecting cross-border trade. It notes a first step is being taken towards this on a regional basis, but that, in order to speed up progress, it will examine what needs to be done to address differences in the powers and independence of national regulators, and whether levels of co-operation between regulators and grid operators might need to be improved, for example through a European energy regulator. It also suggests that network operators could be brought together in a European Centre for Energy Networks to assist in the development of a European Grid Code.
  • It recalls that the European Council agreed in 2002 to increase minimum interconnection levels between Member States to 10%, but that progress has not been satisfactory, there being a need for additional physical capacity in many areas, as well as action to free up capacity reserved for former incumbents under long-term contracts. It believes that both private and public investment needs to be stimulated, and says that the greater the degree of interconnection, the lower the need for spare capacity and (in time) the lower the costs. It intends to identify by the end of 2006 the individual measures which it considers important at the Member State level, as well as further actions at Community level, such as the more effective use of Trans-European Networks.
  • The Commission says that the Community will need substantial investment in electricity generation over the next 20 years in order to replace ageing capacity and meet demand, including that arising at peaks. It notes that this requires a properly functioning market, giving the necessary price signals, incentives, regulatory stability and access to finance.
  • The Commission notes that significant differences still exist in the extent to which national markets are open to fair and free competition, and that, if the situation does not improve, further measures at a Community level should be considered.
  • The Commission states that one of the most important objectives is to promote the competitiveness of European industry by means of a well-designed, stable and predictable regulatory framework, and that energy policy therefore needs to favour cost-effective options and be based on a thorough economic analysis of the impact of the different options on energy prices. It suggests that a new High Level Group on Energy, Environment and Competitiveness will play an important role here, and that a report is expected by the end of 2006.

SOLIDARITY BETWEEN MEMBER STATES

2.5 The Commission says that liberalised and competitive markets help security of supply by sending the right investment signals, but that, in order to be effective, this requires transparency and predictability, bearing in mind also the threats posed both by natural disasters and terrorism. It therefore suggests that there is a need for a European Energy Supply Observatory to monitor supply and demand patterns and identify likely shortfalls in infrastructure and supply at an early stage, thereby complementing at a Community level the work of the International Energy Agency (IEA); that improved network security could be achieved through increased collaboration and exchange of information, perhaps involving the proposed European Centre for Energy Networks; and that, in order to counter any threat to the physical security of infrastructure, mechanisms could be developed to achieve rapid solidarity and provide possible assistance to a country facing difficulties.

2.6 The Commission also suggests that the Community's approach to emergency oil and gas stocks needs to be re-thought. In particular, it points out that, since oil is a global market, a global response to disruptions is required, with any stronger Community action needing to be compatible with action taken by the IEA. Subject to that, it says that any such action would be helped by a new Commission legislative proposal ensuring the publication of the state of Community oil stocks on a more regular and transparent basis, and that the Directives on gas and electricity security of supply should be re-examined, with consideration also being given to whether sufficient encouragement is being given to the necessary investment. It adds that this action might include a new legislative proposal on gas stocks to ensure that the Community can react to short-term emergencies.

ACHIEVING A MORE SUSTAINABLE, EFFICIENT AND DIVERSE ENERGY MIX

2.7 The Commission notes that, whilst each Member State chooses its own energy mix, this inevitably has an impact on the energy security of its neighbours and of the Community as a whole, as well as on competitiveness and the environment. It says that the strategic Community Energy Review (see below) would offer a clear European framework for national decisions on energy mix, and allow a transparent and objective debate on such issues as the future role of nuclear energy. It also suggests that it might be appropriate to agree an overall strategic objective, based on a thorough impact assessment, and balancing the goals of sustainable energy use, competitiveness and security of supply, with one possible aim being a minimum level of energy originating from secure and low-carbon sources.

AN INTEGRATED APPROACH TO TACKLING CLIMATE CHANGE

2.8 In noting the urgent need for effective action in this area, the Commission says that the Community must continue to lead by example, and work towards the widest possible international action. It notes that the Community is already at the forefront of approaches to decouple economic growth from increasing energy consumption, and that, although its commitment to fighting climate change is a long-term one, action is needed now, particularly on energy efficiency and renewable energy (which it adds will also contribute towards security of supply). It also highlights the role of the EU Emissions Trading Scheme in creating a flexible and cost-effective framework for more climate friendly energy production, and the scope for expanding this.

2.9 More specifically, the Commission says that, although Europe is already one of the world's most energy efficient regions, the recent Green Paper on Energy Efficiency[3] demonstrated the scope for much more progress, and that it will this year propose an Action Plan on Energy Efficiency to realise this potential through such means as long-term and targeted energy efficiency campaigns (notably for buildings), improved energy efficiency in the transport sector (especially as regards public urban transport), encouraging commercial banks to invest in energy-efficiency projects and in companies providing energy services, and more guidance to consumers on the performance of energy-using appliances, vehicles and industrial equipment. It also suggests that such an Action Plan could act as a launch pad for global action in collaboration with the IEA and World Bank, and that the Community should propose and promote an international agreement on energy efficiency.

2.10 As regards renewable energy, the Commission notes the steps taken by the Community since 1990 to become a world leader, and says that such energy is now starting to compete on price with fossil fuels. However, it also points out that it is likely to miss its existing targets for the share of electricity from renewable sources, and for the share of petrol and diesel produced from biofuels, and that it will in any event need to go beyond those targets if it is to meet its long-term climate change goals. It therefore says that, in addition to the Strategic EU Energy Review, it will bring forward a Renewable Energy Road Map, covering such key issues as the targets or objectives needed beyond 2010; a new Community Directive on heating and cooling, a detailed short-, medium- and long-term plan to stabilise and gradually reduce the dependence on imported oil; and research and other initiatives to bring clean and renewable energy closer to markets. At the same time, it proposes that steps should be taken to improve the technology for carbon capture.

ENCOURAGING INNOVATION IN ENERGY TECHNOLOGY

2.11 The Commission says that the development and deployment of new energy technologies is essential to deliver security of supply, sustainability and industrial competitiveness, and that, whilst relevant research has contributed strongly to energy efficiency, the challenge ahead requires increased efforts, involving a long-term commitment. It notes that the Seventh Framework Programme recognises that there is no single solution to energy problems, and deals with a wide portfolio of technologies, and that the Community needs an appropriately resourced strategic energy technology plan to accelerate the development of promising technologies and bring these to the Community and world markets. It adds that such a plan should also prevent overlaps in national technology and research programmes, and put the focus on goals agreed at Community level. It also says that the Community needs to consider ways to finance a more strategic approach to energy research, and maximise the efficiency of the whole research effort through large-scale integrated actions providing the necessary critical mass, with consideration also being given to mobilising the resources of the European Investment Bank in research close to the market. It goes on to stress the need for such actions to be complemented by policy measures to open the market, bearing in mind the high entry barriers faced by new technologies, and it points to the possible roles here of the EU Emissions Trading Scheme and the Intelligent Energy-Europe Programme.

EXTERNAL ENERGY POLICY

2.12 The Commission says that a coherent external policy is needed to enable Europe to play a more effective international role, which would not only be a break from the past, but show Member States' commitment to common solutions to shared problems. It suggests that the first step is to agree the aims of such a policy at Community level, and the actions needed to be achieved, including those at national level, and that the Strategic Energy Review would provide a single reference point and thus serve as the basis for achieving this, with follow-up action taking the form of regular formal political level discussions, involving the Member States and the Commission.

2.13 The Commission also considers that the benefits of such an approach would be particularly strong in the following five areas:

Securing and diversifying energy supplies

The Commission believes that the Strategic Energy Review could propose clearly identified priorities for upgrading and constructing new infrastructure, notably new gas and oil pipelines and liquefied natural gas terminals, as well as the application of transit and third-party access to existing pipelines.

Energy partnerships with other countries

The Commission points out that the Community and its energy partners are interdependent, and that energy issues are a growing feature of its political dialogues with other major consumers, such as the US, China and India.

Dialogue with major energy producers and suppliers

The Commission notes that the Community has an established pattern of relations with major international energy suppliers, including OPEC, but that a new initiative is particularly opportune as regards Russia, which it says is the Community's most important energy supplier, but where the Community is also Russia's most important buyer, and hence an equal partner in the relationship. It suggests that the development of a common external energy policy would represent a step change in this relationship, offering security and predictability for both sides, and paving the way for the necessary long-term investment in new capacity. At the same time, the Commission says that the Community has for some time been widening its energy market to include its neighbours,[4] and that this process could be extended to develop a pan-European energy Community, involving a range of countries, such as Norway, Algeria, and the Caspian and Mediterranean countries. It also believes that this framework would enable the promotion of Community investment through Trans-European Energy Networks.

Reacting effectively to external crises

The Commission suggests that recent experience has shown the need for the Community to be able to react quickly and in a fully coordinated manner to external events, and that, although it currently has no formal instrument, this could be addressed by a new, more formal and targeted instrument, perhaps involving a monitoring mechanism to provide early warning and enhance response capabilities to any such crisis.

Integrating energy into other external policies

The Commission believes that a common European external policy would permit a better integration of energy objectives into wider relations with third countries on issues such as climate change, energy efficiency, renewable sources, research and development, and global market access, leading to better results in fora such as the UN. In particular, it considers that greater efforts should be made towards widening the geographic scope of the EU Emissions Trading Scheme, and to making better use of trade policy tools to promote non-discriminatory energy transit and the development of a more secure investment climate.

Development promotion

The Commission says that access to energy is a key priority for developing countries, and that the Community should promote a twin-track approach through the European Union Energy Initiative and through raising the profile of energy efficiency in development programmes, thereby helping many countries reduce dependence on imported oil.

2.14 Finally, the Commission suggests that a number of questions arise on the six main areas dealt within the Green Paper, as follows:

Competitiveness

Is there agreement on the fundamental importance of a genuine single market to support a common European strategy for energy? How can barriers to implementing existing measures be removed? What new measures should be taken to achieve this goal? How can the EU stimulate the substantial investments necessary in the energy sector? How to ensure that all Europeans enjoy access to energy at reasonable prices, and that the internal energy market contributes to maintaining employment levels?

Diversification

What should the EU do to ensure that Europe, taken as a whole, promotes the climate-friendly diversification of energy supplies?

Solidarity

What measures need to be taken at Community level to prevent energy supply crises developing, and to manage them if they do occur?

Sustainable development

How can a common European energy strategy best address climate change, balancing the objectives of environmental protection, competitiveness and security of supply? What further action is required at Community level to achieve existing targets? Are further targets appropriate? How should we provide a longer-term secure predictable investment framework for the further development of clean and renewable energy sources in the EU?

Innovation and technology

What action should be taken at both Community and national level to ensure that Europe remains a world leader in energy technologies? What instruments can best achieve this?

External policy

Should there be a common external policy in energy, to enable the EU to speak with a common voice? How can the Community and Member States promote diversity of supply, especially for gas? Should the EU develop new partnerships with its neighbours, including Russia, and with the other main producer and consumer nations of the world?

2.15 The Commission concludes by observing that developing a European energy policy will be a long-term challenge, and it proposes that, as a foundation for this process, a Strategic EU Energy Review should be presented to the Council and European Parliament on a regular basis, covering the issues identified in the Green Paper. It suggests that this would constitute a stocktaking and action plan for the Spring European Council, monitoring progress and identifying new challenges and responses an all aspects of energy policy.

The Government's view

2.16 In his Explanatory Memorandum of 31 March 2006, the Minister for Energy at the Department of Trade and Industry (Malcolm Wicks) says that, although this document shares some of the proposals set out in an earlier Green Paper[5] which the Commission produced in 2000, its scope is wider, but that the UK favours the idea of the Community working together more cohesively in this area to address common problems. It therefore welcomes the overall thrust of this Green Paper, and in particular the emphasis on the effective completion of the internal market and on energy efficiency. However, he also points out that a number of specific aspects have the potential to raise legal issues concerning competence and the legal base, which will be addressed on individual proposals as they arise, and that there are also suggestions that a number of new European bodies should be created, on which the UK would need to consider carefully their potential for added value. Similarly, the UK would need to consider carefully whether it would want some of the areas, such as those on gas stocks and a Renewable Energy Road Map, to be subject to a new legislative proposal and covered by a Community obligation, and it would also want both to retain its right externally to deal bilaterally with other producer countries and to ensure that any Community-level dialogue with third countries fully reflected the positions of individual Member States.

2.17 On more specific points, the Minister says that, whilst the UK welcomes the emphasis on completing the internal market, it could not agree to the creation of a European energy regulator, which would involve a major increase in Commission powers, but that, subject to the legal base and further details about what might be involved, the proposed European Centre for Energy Networks could be acceptable. It also agrees on the need for increased interconnection, but regards the 10% minimum target as artificial. On security of supply, he says that the UK may be able to accept increased monitoring by the Commission of world energy markets, provided this does not duplicate work already done by others; that it supports the principle of improving critical infrastructure protection, so long as the management of national infrastructure is left to each Member State and its owner/operators; that it welcomes the recognition that oil is a global market, and that the IEA must continue to lead global responses to any disruption in supplies, but that, although it is prepared to consider how the Community's contribution to such action might be better coordinated, it is not convinced that frequent publishing of data on the Community would help; and that it considers that the proposed action for Community gas stocks would be premature, pending full implementation of the existing Supply Directive. It supports the need for a diversified energy mix, but believes that national mixes should be for Member States to determine, given the different national situations. On climate change, the Government is concerned that certain measures referred to in the text of the Green Paper merely as possibilities are subsequently presented as conclusions, and it is also unclear as to the implications of an international agreement on energy efficiency involving both developed and developing countries, where it also has a particular concern that only the Community would be a party. Similarly, a Renewable Energy Road Map could raise competence issues, and possibility of further Community level targets in areas where national targets are likely to be more effective. On encouraging innovation, the Government questions what a strategic energy technology plan could achieve in addition to the Seventh Framework Programme, and also how any further funding would be financed. Finally, as regards an external energy policy, the UK recognises that the Community might add value by speaking with one voice, but would not want the Commission to have full competence for doing so on all energy matters, and likewise would wish to retain the right to speak bilaterally to countries, such as Norway, where it has a particular interest. It also believes that it would make more sense to maximise existing mechanisms before any new energy partnership with Russia is launched, and that it is important that the identification of European priorities for infrastructure linked to third countries should involve a market-related approach.

Conclusion

2.18 Although this is a Green Paper, and thus does not in itself contain any specific legislative proposals, it is nevertheless a wide-ranging document which deals with an important area of policy, both from an economic and an environmental point of view, and which poses a number of strategic questions, including those which the Commission itself has identified. In view of this, and of the number of potential concerns which the Minister has flagged up in his Explanatory Memorandum, we think it would be right for the House to consider the various issues raised by the Green Paper at this stage, and we are therefore recommending it for debate in European Standing Committee.



3   (26683) 10368/05; see HC 34-vii (2005-06), para 1 (26 October 2005) and HC 34-xv (2005-06), para 1 (18 January 2006). Stg Co Deb 17 January 2006. Back

4   Such as Turkey and Ukraine. Back

5   (22096) 5619/01; see HC 28-xi (2000-01), para 2 (4 April 2001) and Stg Co Deb, European Standing Committee C, 28 November 2001. Back


 
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