Germany s interaction with the EU: How did Germany influence European renewable energy policy and vice versa?

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Germany s interaction with the EU: How did Germany influence European renewable energy policy and vice versa? Dr. Dörte Ohlhorst Conference: The role of EU policies in renewable energy transitions in European countries, Oslo, June 2016 presentation based on a co-authored paper, authors: Dörte Ohlhorst, Mischa Bechberger (FFU) Bernd Hirschl, Thomas Vogelpohl (IÖW) Environmental Policy Research Centre (ffu) FU Berlin

Questions How did Germany influence European renewable energy policy? Did Germany push a pioneer policy at the EU level? Did it block policies at the EU level which did not fit the domestic aims? Did the EU influence German RE policy, and to what extend? Did the EU undermine Germany s pioneering role? Which mechanisms and strategies were at play in the context of the German European RE policy? What are the aims behind the different strategies of the EU and the national level - and can the conflicts between the levels be solved?

Analytical framework: Europeanization mechanisms Type of Europeanization Europeanization strategies Operationalization uploading (bottom-up) downloading (top-down) crossloading (horizontal) in the absence of EU-wide legal harmonization; MS as norm entrepreneurs Pace-setting Foot-dragging Prescription of concrete institutional and governance models Altering the opportunity structure Promoting changes in beliefs and expectations Learning Norm-based imitation Competition pushing policies linked to national preferences blocking or weakening policies potentially costly for MS Degree of Institutional Compatibility Degree of resource and power redistribution between domestic actors Degree of Support Mobilization for Domestic Reforms use of information about existing policies in other MS (e.g. best practice) norm entrepreneurs try to push ideals unilateral action in order to avoid negative political or economic externalities from other MS policies Source: Solorio & Jörgens elaboration from Knill and Lehmkuhl (1999, 2002), Börzel (2002), Busch and Jörgens (2012a)

German renewable energy policy Electricity Feed-in Law (1990) obliging public energy utilities to purchase and remunerate RE on a yearly fixed basis conflicts about compensation scheme - EU Commission considered FIT to be distortive state aids, strove for harmonization; - Environment Commissioner, Germany, Spain and RE lobby advocated FITs Renewable Energy Sources Act (EEG) (2000) new, pioneering support policy with improved investment security priority feed-in for RE, differentiated FITs, guaranteed grid access degression of FITs (via regular law review) brought down costs 2001 RES-E Directive did not prescribe a harmonized support scheme ECJ found that FIT in the German EEG was no impermissible state aid (Preussen Elektra vs. Schleswag case) Directive provided national scope of action; result of a foot-dragging process (bottom-up Europeanization)

German renewable energy policy Germany s support scheme served as a model for other countries diffusion by observation, learning and Germany s active crossloading strategy -> in 2007, 19 of 27 MS had adopted FIT horizontal Europeanization 2008: draft version of new RES-E Directive debate about harmonization and against FIT continued idea of a harmonized European quota system a coalition of countries defended FIT schemes The coalition became active in an uploading, foot-dragging sense, it influenced the design of EU law in order to keep room for maneuver at the national level 2009 renewable energy Directive (RED) substantially strengthened the EU legal framework for RE, provided support for FIT, set the stage for convergence of MS subsidy policies financial and economic crisis: - discourse in Germany focused on the pace of RE expansion and the respective costs 2013: EU Commission reinforced harmonization efforts opened an investigation into the German EEG, specifically on support for energyintensive companies benefitting from a reduced renewables surcharge

Current policy: Paradigm change 2014: EU presented revised Environmental and Energy Aid Guidelines: prescribed a concrete governance model: FITs are no longer permissible state aid (with the exception of small installations) ; tendering procedures or tradable certificates are to be introduced instead new German government (grand coalition) presented revised EEG (2014): - comprehensive reform of Renewable Energy Sources Act - maximum extension corridors (quotas) for wind, PV, biomass, - burdens self-generated and consumed RE with a surcharge, - prescribes mandatory use of self-marketing - fundamental instrumental shift to a volume-based auction system, - Level of remuneration is determined in a competitive procedure, aiming at lower costs -> paradigm change with risk of a backlash (instable phase) of the development at first glance: top-down, prescribing Europeanization it is not clear whether the guidelines require opting out of FITs; they were a welcome argument for the German government to chose another support scheme in the latest EEG revision of 2014

EU s 2030 Framework for Renewable Energy 2014: EU 2030 climate and energy package - lacks ambition for 2030 targets (GHG mitigation, RE and energy efficiency), - step backwards in the ambitiousness of EU climate protection policy top-down Europeanization Germany did not step up its uploading efforts failed to act as a pioneer in the sense of uploading or crossloading its ambitious policy and aims

Conclusion The changing strategies of uploading, downloading and crossloading represent a permanent struggle between the national and the EU level for the power of defining energy policy rules Germany s RE policy can mainly be characterized by its pioneering position The German model of RE promotion via fixed FITs has been adopted in many other EU Member States (crossloading) -> Germany adopted a pioneering role / role of a norm entrepreneur Germany was for a long time able to safeguard its RE policies against harmonization efforts by the EU Commission; advocacy coalition successfully managed to defend FITs for RE against the attacks by proponents of a quota system up to 2014, fend off EU-wide harmonization strategy of foot-dragging has been accompanied by processes of horizontal Europeanization (crossloading of the German pioneer policy to other EU Member States in the absence of EU-wide legal harmonization)

Conclusion German government eventually adapted its RE policies to EU pressures (top-down Europeanization) EU regained influential power over German RE-policy, -> a new convergence is becoming apparent top-down Europeanization seems to be stronger than it appears at first sight, even when EU competencies have emerged relatively late in this case However: whether the EU Commission s preference materializes in Germany or not, strongly depends on domestic factors (power of opposing coalitions). Domestic factors (such as the stance of the ministry of finance and the ministry of economic affairs and the increasingly politicized impact of costs) played a major role in the German RE policy process

Open questions German RE electricity policy recently was europeanized - can the German RE promotion approach still be perceived as a role model for other EU member states? How will the paradigm change influence the German energy transition (both regarding implementation performance & actor structures)? an integrated European approach is required - at the same time this is associated with significant risks, since EU climate and energy policy seems to be losing its dynamic. What is the solution? Do we need new pioneers for ambitious policy? Should Germany restart its efforts to pursue ambitious domestic energy transition policy and resuming its pioneering role against harmonization attempts? Or do we need harmonization?

Open questions conflict between two ideals: EU market coordination ("principle of competition") in a single market on the one hand (harmonization) <-> requirements and competencies of a decentralized transformation of the energy system (climate and environmental objectives) on the other side (national fragmentation) If a fully harmonized energy policy is not realistic : - are there intermediate forms of energy policy in the EU? - which varying degrees of coordination in individual energy policy fields are useful and appropriate?

Thank you ohlhorst@zedat.fu-berlin.de

Typical Phases of the Innovation Process t pioneeringphase shock inception Break through develop ment dip boom develop ment dip 2016?? Consolidation?

consolidation (stability) or transformation? bottom-up engagement as prerequisite for transformation transformation t pioneeringphase shock inception Break through develop ment dip boom develop ment dip 2016?? Consolidation?

Achievement until now: One third of the German electricity supply comes from renewables (gross electricity generation) Challenge: 50% renewable energy share by 2030 80-95% renewable energy share by 2050

Achievements: Power mix in Germany 2015 (power generation) Coal 18,1 % Natural Gas 9,1 % Renewables 5,9 % Nuclear 14,1 % Electricity mix 2015 Germany 2015 Renewables 30,1 % 3,0 % 7,7 % Lignite 23,8 % Others 4,8 % 12,2 % onshore 1,3 % offshore AG Energiebilanzen 2016

Energiewende in Germany Goals in German climate and energy policy nuclear phase out by 2022 80-95% reduction of CO 2 emissions by 2050 (compared to 1990) 80% renewable energy share in gross electricity consumption by 2050 [50% by 2030; 65% by 2040] improve of energy efficiency: Reduction of primary energy consumption of 20% by 2020 and of 50% by 2050 (compared to 2008; NEEAP)

Energiewende in Germany Nuclear Phase Out Influenced by Many Factors Anti-nuclear and peace movements of the 1970s Electoral success of the anti-nuclear Green Party Chernobyl (1986) and Fukushima (2011) as important contextual factors for societal opposition against nuclear energy 18