Third Report of Session 2008-09 - European Scrutiny Committee Contents


2   Second strategic energy review

(30198)

15944/08

+ ADDs 1-4

COM(08) 781

Commission Communication: Second strategic energy review — An EU energy security and solidarity action plan

Legal base
Document originated13 November 2008
Deposited in Parliament24 November 2008
DepartmentEnergy and Climate Change
Basis of considerationEM of 8 December 2008
Previous Committee ReportNone but see footnotes 8-15
To be discussed in Council19 February 2009
Committee's assessmentPolitically important
Committee's decisionFor debate in European Committee

Background

2.1  Although the Community has over the years examined aspects of its energy policy, notably the Green Paper setting out a strategy for sustainable, competitive and secure, which the Commission produced in March 2006,[8] it has in the last two years had before it three major energy packages. The first — which we reported to the House on 21 February 2007 — comprised two core Communications from the Commission, one addressing the steps which the Community can take up to 2020 and beyond to contribute to limiting global climate change to 2°C,[9] and the other providing a strategic energy review ("An energy policy for Europe").[10] These two Communications were accompanied by a number of other documents,[11] dealing with various related issues, including a European Strategic Energy Technology Plan, a Priority Interconnection Plan, a Nuclear Illustrative Programme, sustainable power from fossil fuels, competition in the European gas and electricity sectors, and renewable energy. This was followed in September 2007 by a second package, addressing the regulation of electricity and gas supply and transmission networks,[12] and the conditions for cross-border electricity and gas supply.[13]

2.2  The Commission also produced at the beginning of last year a further package of measures, which we reported to the House on 27 February 2008. One of the documents in question[14] sought to set out how to achieve the various measures which the European Council had agreed should be taken in order to limit climate change to 2°C, whilst the other again considered various elements of the Community's energy policy, such as the promotion of renewable energy, carbon capture and storage, the reduction of greenhouse gas emissions by 2020, a review of the Emissions Trading Scheme, and the demonstration of sustainable power from fossil fuels.[15]

2.3  The Commission says that the "20-20-20" initiative agreed by the European Council — to reduce greenhouse gas emissions by 20%, to increase the share of renewables in energy consumption to 20%, and to improve energy efficiency by 20%, all by 2020 — will fundamentally alter the Community's energy outlook, in that it will represent the first steps towards breaking the cycle of increased consumption and imports. The Commission adds that this will enable the Community to take the next steps towards a more sustainable, secure and technology-based energy policy, but that further action is needed to achieve sustainability, competitiveness and security of supply, given anticipated trends in supply and demand. It has therefore put forward in this document a Second Strategic Energy Review, which is accompanied by a range of detailed measures.

The current document

ENERGY SECURITY AND SOLIDARITY ACTION PLAN

2.4  The main elements of this Review are contained in the Energy Security and Solidarity Action Plan, which comprises five main elements.

Infrastructure and diversification of supplies

2.5  The Commission notes that (unlike oil) gas supply depends mainly on fixed pipeline infrastructure, and that imports account for 61% of Community consumption — a figure which is expected to increase to 75% by 2020, as indigenous production continues to decline. With 42% of current imports coming from Russia, 24% from Norway, 18% from Algeria, and 16% from other countries, the Commission suggests that supply is reasonably well diversified at a Community level, but adds that, since a number of Member States rely wholly on a single supplier, inter-connection and solidarity are essential to spread and reduce individual risk: it also believes that major changes in the Community's internal energy infrastructure are needed to provide transparent and reliable conditions.

2.6  It has accordingly proposed six priority infrastructure projects: a Baltic Interconnection Plan; a southern gas corridor for supplies from Caspian and Middle Eastern sources (which it describes as one of the Community's highest energy security priorities, and says will be the subject of a further Communication in mid-2009); a Liquefied Natural Gas (LNG) Action Plan; the completion of a Mediterranean energy ring, linking Europe with the southern Mediterranean (which will also be the subject of a further Communication no later than 2010); north-south gas and electricity interconnections within central and south-east Europe; and a Blueprint for a North Sea offshore grid (which the Commission suggests should, together with the Baltic project and the Mediterranean ring, become one of the building blocks of a future European supergrid).

2.7  The Commission says that its existing instruments will be used to achieve rapid progress in all these areas, which have already been recognised as requiring Community support under the existing Trans European Network-Energy (TEN-E) programme. It adds that considerable efforts will be needed to finance these projects, particularly those with a cross-border dimension, including closer and more effective collaboration with the private sector and financial institutions, notably the European Investment Bank and the European Bank for Reconstruction and Development: and it suggests that this work should be a key element in the Community's response to the current financial crisis.

2.8  However, the Commission also considers that, if further and rapid progress is to be made, existing instruments are insufficient. Consequently, it says that, in addition to agreeing that these projects represent energy security priorities, the Community should establish during 2009-10 the precise detailed actions needed, leading to the further Communications outlined above, bearing in mind also the need to ensure that, since all new infrastructures are in place a long time, they take into account changing climate conditions for the rest of the century. It goes to say that, from 2010 onwards, the identified actions will need to be undertaken, but that, given the limited scope for developing major projects under the existing TEN-E budget (which was drawn up when the Community was smaller, and faced energy challenges of a different order), it is tabling a separate Green Paper,[16] exploring the possibility of replacing the TEN-E instrument by a new EU Energy Security and Infrastructure Instrument. In the light of reactions to this Green Paper, it will then consider tabling a legislative proposal, and will evaluate the need for future Community funding, including that for the next financial framework starting in 2014.

Energy and international relations

2.9  The Commission notes that countries worldwide are becoming increasingly interdependent in energy matters, affecting development, trade and competitiveness, international relations, and cooperation on climate change. It says that energy must be given the priority it merits in the Community's international relations, but that the varying interests of producer, transit and consumer countries require more robust international legal frameworks, together with the development of trust and more binding ties.

2.10  As regards the Community's relations with different suppliers, it says that, as a member of the European Economic Area, Norway is already integrated into the internal energy market, with effective collaboration being essential for the Community's energy security; that the Energy Community is building up an integrated market in south east Europe anchored in the Community; and that a strategy with Belarus should be developed. It comments that the Community has Memoranda of Understanding on energy with a large number of third countries, and that it should now adopt a new generation of "energy interdependence" provisions in broad-based agreements with producer countries outside Europe, aimed at facilitating the development of the necessary infrastructure, clear conditions on market access for energy (and other sectors), transit arrangements to guarantee normal flows in periods of political tension, dialogue on market and policy developments, and dispute settlement provisions.

2.11  More specifically, the Commission says that there should be a new agreement with Russia, replacing and deepening the one reached in 1997, thereby consolidating the Community's relationship with its main energy partner, and helping to establish binding and effective transit rules across the pan-European continent; that a similar approach should be developed with the countries of the Caspian region; that the EU-OPEC Energy Dialogue recognises the common interests of producer and consumer countries in encouraging regular supply at affordable prices; that energy relations with Iraq and the Gulf Cooperation Council should be further developed in the field of hydrocarbons; that cooperation with countries such as Australia, Canada, Japan and the United States, as well as emerging countries, should be deepened to promote a common view on global energy security, transparency and sustainability; that energy relationships with Africa, particularly Algeria, Egypt, Libya and Nigeria, should be stepped up, in view of its important potential, notably as regards renewable energy, and that the Trans-Sahara gas pipeline represents an important additional opportunity to diversify energy sources. The Commission also notes that a number of partners are considering launching or expanding a nuclear programme, but that many do not have the legislative or regulatory infrastructure needed to achieve the necessary safety standards. It points out that this is an area in which the Community enjoys global leadership, and recalls the initiative[17] it took earlier in the year to promote the highest standards of safety and security, using the Instrument for Nuclear Safety Cooperation.

2.12  The Commission concludes this section by saying that it is vital that Europe should speak with one voice and act accordingly, though it adds that this means not a single Community representative for external issues, but effective planning and coordination. It intends in 2009 to identify the mechanisms needed to ensure transparency between the Member States and the Community so as to achieve better coordination, and it will at the same time consider proposing a revision to Regulation 736/96, which obliges Member States to notify it of investment projects of a Community interest in the petroleum, natural gas and electricity sectors.

Improved energy stocks and crisis response mechanisms

2.13  The Commission suggests that, in order to meet its energy security objectives, the Community also needs to ensure that its internal rules and mechanisms are as effective as possible, and it therefore proposes that the existing rules in this area should be updated. It points out that a mandatory regime of emergency oil stocks has existed since 1968, and that, although this has been effective in dealing with limited disruptions, improvements can be made. It is therefore proposing[18] a revision of the EU emergency oil stocks legislation to improve its coherence with the International Energy Agency regime, increase the reliability and transparency of available stocks, simplify compliance and verification, and clarify emergency procedures. In particular, it suggests that data published by the Community on the level of strategic oil stocks for each Member State should now be extended to commercial stocks (in line with practice in the United States), and that this should be published weekly on an aggregate basis. The Commission adds that it has also reviewed the effectiveness of the Security of Gas Supply Directive, and believes that the Community's crisis response coordination must be improved, with consideration being given to a more suitable threshold for triggering action and a clarification of compensation arrangements. It says that, in the light of the reactions to its recent Communication[19] on this subject, it intends to propose a revised Directive in 2010.

Improved energy efficiency

2.14  The Commission says that the Community's commitment to achieve a 20% improvement in energy efficiency by 2020 will greatly help to achieve, not only its climate change objectives, but also to those on sustainability and competitiveness, not least by reducing dependence on fossil fuels and imports and by providing new economic opportunities, particularly for small and medium sized enterprises, during the current economic downturn. It therefore says that energy efficiency has to be at the heart of this Action Plan.

2.15  In particular, it points out that existing measures should achieve an efficiency improvement of some 13-15%, and it has therefore put forward in conjunction with this Communication a new Energy Efficiency Package,[20] aimed at making further important progress towards achieving the 20% objective. This includes a revision of the Energy Performance Directive to extend its scope and to develop energy performance certificates into a real market instrument; an extension of the Energy Labelling Directive beyond household appliances to include a broader range of commercial and industrial energy-using products; a wider implementation of the EcoDesign Directive; the promotion of co-generation; the development of benchmarking and networking mechanisms to disseminate best practice, with Community funds (including the Intelligent Energy Europe programme) being allocated for this purpose, and a new Sustainable Energy Financing Initiative being launched jointly with the European Investment Bank (and, where appropriate, the European Bank for Reconstruction and Development). The Commission also notes that over €9 billion has been allocated for the promotion of energy efficiency and renewable energies under the cohesion policy in the period 2007-13 to cover a wide range of activities, and that, since some of these activities may also be funded under other budget headings, the total allocation in this area is likely to be much higher.

2.16  In addition, the Commission says that it will present a Green Tax Package to complement the energy and climate change package, including a proposal to amend the Energy Tax Directive and an examination of how VAT and other fiscal instruments can be used to promote energy efficiency. It will also continue efforts to promote the liberalisation of energy-efficient goods and services in the context of trade negotiations, adding that it is at least as important to achieve improved energy efficiency in other industrialised countries and emerging economies as it is within the Community. It will therefore build upon the International Partnership on Energy Efficiency Cooperation agreed in the G8 context with China, India and Korea in July 2008 to promote common product standards, and will participate in its launch in 2009. Finally, the Commission says that it will evaluate the Energy Efficiency Action Plan in 2009, and (as requested by the European Council) prepare a more focused Plan.

Making better use of indigenous energy resources

2.17  The Commission points out that, although the production of energy within the Community was set to fall from 46% to 36% of consumption by 2020, implementation of the new "20-20-20" initiative will keep that figure at around 44%, and it comments that all cost-effective measures to promote the use of indigenous resources should be an important part of the Energy Security and Solidarity Action Plan. It suggests that renewable sources represent the Community's greatest potential source of indigenous energy, and it says that it intends to focus on monitoring and facilitating the implementation of the new Renewable Energy Directive. In the light of that experience, it will then table a Communication aimed at overcoming barriers to the use of such energy. In addition, it says that it is working with financial institutions to set up the EU Sustainable Financing Initiative to mobilise large-scale funding from capital markets.

2.18  The Commission also believes that the use of technology is essential if the Community's natural resources are to be maximised, and it draws attention to the initiative being pursued through the Strategic Energy Technology Plan, which it says will be followed in 2009 by a Communication on financing low carbon technologies. This will evaluate the resources needed to support large-scale demonstration projects, taking into account revisions to the Emissions Trading Scheme which will help to stimulate such activities. The Commission goes on to note the importance of coal for energy supply both within Europe and more widely, and of promoting carbon capture and storage if its continuing use is to be compatible with climate change objectives; the need — notwithstanding the technological and environmental challenges involved — to stimulate the extraction of indigenous oil and gas reserves (as well as sources such as oil shale and peat); the importance of oil refining capacity (where it anticipates the publication of a further Communication in 2010); and the role of nuclear energy. In particular, it notes the Communication accompanying this document, providing an update of the earlier Nuclear Illustrative Programme,[21] and its intention to put forward a revised Directive setting up a Community framework for nuclear safety.[22]

TOWARDS A VISION FOR 2050

2.19  The Commission says that the Community's agenda for 2020 sets out the essential first steps towards achieving the "massive" switch needed to high-efficiency, low carbon energy technologies, but that deep structural change will take considerably more time. The rest of the current Communication therefore looks ahead to 2050, and identifies a number of possible longer-term objectives, such as:

(i)  decarbonising electricity supply, which the Commission describes as a huge, but necessary, challenge if the Community is to reduce greenhouse gas emissions, implying a further shift to renewable energy, carbon capture and storage and, where appropriate, nuclear energy: and it suggests that, if strategic investment decisions are taken rapidly, nearly two-thirds of European electricity generation could be low carbon in the early 2020s, compared with 44% at present;

(ii)  ending oil dependence in transport, through a shift to electric, hydrogen and alternative fuel cars, where the Commission says that it will consider the need for tax breaks and other incentives for the purchase of greener vehicles and the early retirement of older polluting ones, examine the possibility of requiring a minimum proportion of all new government and local authority vehicles to be electric, biomethane or hydrogen, and also look at the possibility of requiring filling stations to introduce the necessary infrastructure;

(iii)  lower energy and positive power buildings, where the Commission notes that, whereas 40% of final energy is consumed in buildings, these can be designed in such a way as to avoid consuming more energy than they are able to produce (and indeed to become net energy producers);

(iv)  a smart, interconnected electricity network, where the Commission suggests that, rather than transmitting electricity from large power plants to national retail distribution networks, tomorrow's grid will need as well to serve an integrated European market with multiple small suppliers of renewable energy: it adds that huge changes will be required, and that it will be necessary to explore concepts such as an offshore super-grid ring around Europe to connect southern solar, western wave and northern wind or hydro energy with main consumption centres, with smart meters also helping to increase energy efficiency; and

(v)  promoting a high-efficiency, low-carbon energy system throughout the world.

The Commission adds that this is not an exhaustive list, in that it simply reflects technologies which have been shown to work on an experimental scale. It also says that these changes will not take place without a coordinated agenda for research and technological development, regulation, investment and infrastructure development, often on a continental scale. Consequently, in order to take matters forward, it intends to prepare in the context of the Strategic Energy Plan a Roadmap towards a 2050 energy policy, and in particular to use this to set out the action needed to achieve a zero-carbon electricity supply for the Community by 2050.

The Government's view

2.20  In his Explanatory Memorandum of 8 December 2008, the Minister of State at the Department of Energy and Climate Change (Mr Mike O'Brien) observes that this is a "comprehensive" Communication, covering many areas which will be subject to individual scrutiny. He therefore comments only briefly in this Explanatory Memorandum, pointing out that on energy infrastructure, the UK particularly welcomes the focus on bringing gas from the Caspian, and would be directly connected to a North Sea offshore grid; that it supports increasing the effectiveness of the Community's external energy policy through greater coherence and transparency, whilst respecting subsidiarity and Community competence; that, in the case of oil and gas stocks, it would be concerned about any compulsion for agency or government-owned stockholding, and that it would like to see a thorough impact assessment carried out before any decision was taken to publish weekly the level of commercial stocks; that it strongly supports action to increase the Community's energy efficiency, but will need to look at the details of the individual proposals before coming to a view; that the section dealing with indigenous resources is wide-ranging, but in many cases contains little detail of the measures which might follow; and that the Government intends to take a full role in the Commission's consultations on the way ahead to 2050.

2.21  The Minister adds that this package was to be discussed by the Energy Council on 8 December 2008, and again on 19 February 2009, and that the spring European Council on 19-20 March is expected to adopt a Action Plan, based on the various recommendations. He also says that consultation and negotiation on the individual strands of work are likely to continue throughout 2009.

Conclusion

2.22  As the Minister suggests, this is a wide-ranging Communication, and together with the measures which accompany it (on which we are reporting separately), it constitutes a formidable package in more senses than one, in what is self-evidently an area with highly significant political, economic and environmental implications. For that reason, we have no hesitation in recommending that it should be debated in European Committee. We also consider that the other documents associated with it — apart from the Green Paper on European Energy Networks (which we are also recommending should be debated in its own right) — are relevant to that debate.

2.23  The issues covered by the package are inevitably many and complex, and we have sought to identify these both in this chapter and in the other chapters of this Report. However, we do also have one more general comment. This is the third — and indeed arguably the fourth — major set of documents produced by the Commission on energy within the last two years, and, whilst we do not question that this is an important and fast-moving area, we are concerned at the risk of overkill. In particular, we wonder whether all the players involved, including not least those actually concerned with the production and supply of energy, are able to digest fully the contents of any given initiative before it is replaced by another one. We are also concerned at the growing complexity of the structures being put in place (or proposed) to address the various issues, and we are struck by the bewildering array of strategies, action plans, initiatives, roadmaps and the like, which seems to us to carry with it a very real risk of confusion and lack of focus. We hope therefore that, in presenting the Strategy to the European Committee, the Government will comment on this aspect.




8   (27343) 7070/06: see HC 34-xxvi (2005-06), chapter 2 (26 April 2006). Stg Co Deb, European Standing Committee, 27 June 2006, cols. 3-18. Back

9   (28275) 5422/07: see HC 41-x (2006-07), chapter 1 (21 February 2007). Back

10   (28276) 5282/07: see HC 41-x (2006-07), chapter 2. Back

11   See HC 41-x (2006-07), chapters 15-20. Back

12   (28932) 13043/07 and (28933) 13045/07: see HC 16-iv (2007-08), chapter 1 (28 November 2007). Back

13   (29034) 13046/08, (28935) 13048/07 and (28936) 13049/07: see HC 16-iv (2007-08), chapter 2 (28 November 2007). Back

14   (29403) 5866/08: see HC 16-xiii (2007-08), chapter 8 (27 February 2008) Back

15   See HC 16-xiii , chapters 1-4 and 7 . Back

16   (30195) 15927/08: see chapter 1 of this Report. Back

17   (29718) 10049/08: see HC 16-xxvi (2007-08), chapter 3 (2 July 2008). Back

18   (30192) 15910/08. Back

19   (30188) 15905/08: see chapter 10 of this Report. Back

20   (30191) 15908/08: see chapter 12 of this Report. Back

21   (30194) 15923/08: see chapte 11 of this Report. Back

22   (30232) 16537/08: see chapter 4 of this Report. Back


 
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