Summer School on EU Energy Law and Policy
25-31 May 2017 | Florence
Revising the Role of Renewables – Decarbonising Energy and Transportation: The Short and Long-Term Legal Challenges
During the six day, two-part residential training, participants will gain a sound knowledge of and critical insight into recent developments in EU energy law and policy, and a better understanding of the market and economic principles which underpin legal provisions. The course will examine the ambitions of the European Energy Union and how these will be realised in practice, exploring the legal framework behind the objectives alongside in-depth studies on the future role of energy consumers and the impending challenges for conventional as well as renewable energy producers and other market players.
Realising the EU’s Energy Union
- The European Energy Union: The Legal and Policy Framework
- Applying the Rules in Practice
A Whole Systems Approach’- The Electrification of Transportation?
- De-carbonising Transport
The 2017 FSR Summer School on EU Energy Law & Policy is a two-part residential training course. The course may be followed as a single course or, alternatively, participants can register for either Part I or Part 2 depending on their interests and levels of experience and expertise. For each of the daily sessions, course participants will not only have the opportunity to listen to leading experts in the field, but will actively participate in applied case studies designed to deepen their knowledge.
Part I: Realising the EU’s Energy UnionThis part of the course is designed to allow participants to gain a sound knowledge of and critical insights into recent developments in EU energy law and policy, and a better understanding of the market and economic principles which underpin existing as well as new legal provisions.
Part I commences on 25 May and finishes the afternoon of 27 May.
Part II: “A Whole Systems Approach” – The Electrification of Transportation?This part of the course aims to give an overview of the current state of play and to provide participants with an in-depth assessment of the various options for decarbonising the road transport in a sustainable and efficient way, including behavioural changes in the use of vehicles and changes to town planning. Can the proposed new governance mechanisms that are part of the 2030 energy package trigger sectoral transport policies based on renewable energy for the Member States? Is a phasing out of fossil fuels via a more stringent system of eco-taxation a pathway to accompany such policies and to trigger investment? Some EU countries are already en route to the full decarbonisation of their transport sector by 2050 – what is the chosen approach and what can we learn from it?
The 2017 Summer School will employ an active learning method, which encourages a deeper engagement with the material through applied online work and a more interactive, participatory approach during the sessions.
Part 2 will commence on the morning of 27 May and finish at lunch-time on 31 May.
The 2016 Summer School is based on an ‘active learning’ method which is now well established in leading US law schools. Our approach comprises a combined online case study with daily expert lectures, and is aimed at providing participants with a deeper knowledge and insights into the various topics discussed at the Summer School sessions. Each case study is based around the topics to be discussed on each day of the Summer School.
Active learning through the case study approach ensures that the daily sessions at the Summer School are interactive. Course participants will not only have the chance to listen to leading experts, but will also have extensive opportunities to work in teams to apply the knowledge gained at the daily sessions. Individual teams (working both online and on-site) prepare short, topical case studies and present these for discussion and debate at a dedicated daily session. Each case study is designed to explore how complex and often abstract European energy law principles can be applied in daily practice.
We will provide online training materials in advance of the residential Summer School which are designed to equip participants with a basic knowledge of the issues raised in the case study. In particular, online videos and podcasts aimed at giving further insights into the topics to be studied, as well as online guidance on how to approach and prepare case studies, will be made available to all registered participants through our dedicated online platform in early May 2016.
The creation of a Resilient Energy Union with a Forward-Looking Climate Change Policy is a key ambition for the current European Commission, to support the transition to a secure and competitive low-carbon economy by 2050. At present, the European Union and its Member States are obliged to increase the share of renewable energy in electricity production by 20% and in the transport sector by 10% by 2020. But, our markets and institutions are to a large extent constructed for conventional energy sources and conventional forms of transport. The challenge is to make markets fit for higher shares of RES and integrate renewable energy into transport markets, through the electrification of transport. The Commission’s legislative proposals on its new market design and its Renewable Energy Package, launched in late 2016, are the legislative tools to address them. 2017 is set to be a critical year for the implementation of the Resilient Energy Union and its Climate Change Policy packages and the Summer School we will explore the legal framework in which these packages must be realised. We will consider the ambitions of the Union and how these will be realised in practice, alongside in-depth studies on the future role of energy consumers and the challenges for conventional as well as renewable energy producers and other market players.
After 2020, the EU as a whole will move to a target of 27% for RES produced energy but the 2030 climate and energy targets do not embrace a new target for RES in transport and the past success rate in view of achieving the 10% target is low. What are the options for moving to a more ambitious policy on transport? What are the legal barriers? What legal instruments are available to pursue a more ambitious ‘whole systems’ policy?
Part I : Days 1, 2 and 3
This part of the course will examine the EU’s current proposals in light of the Lisbon Treaty. We will consider what the Commission’s plans could mean for key players in the proposed new electricity market design, which will be analysed in depth. As the Energy Union strategy is rolled out, many energy actors will be confronted with new roles and new challenges. This, in turn, may lead to new national and European gas and electricity market regulation to address these challenges and to define and delimit the roles of emergent players. We will then highlight a number of legal challenges to the realisation of the Energy Union. In particular, the Treaty rules on free movement and competition as well as the rules on state aid may allow individual Member States to pursue their own energy policy agendas, which could pose a substantial risk to the realisation of one of the cornerstones of the Energy Union – an integrated and interconnected energy market.
The first part of the course will conclude by looking towards the path ahead, from feed- in tariffs to other means of societal sharing in the roll-out of renewabe energy and a total system change. Will strengthened regional co-operation be an efficient pathway? What about innovation and interoperability?
Part II: Days 3, 4, 5 and 6 | The Issues
After 2020 and, in the absence of binding national targets for renewable energy, a major challenge is how the “at least 27% share” will be delivered through actions at EU, regional and national levels. How will renewable energy be integrated into the transport policy? Are there clear and logical links between the Clean Power Transport Package, the EU Strategy for low-emission mobility and the revision of the RED?
The current pathway towards 2020 focuses on the use of biofuels in transport and assumes a grid-average for electricity used in transport. The revised RES Directive may include new methodologies for renewable electricity, as well as hydrogen and biomethane to count towards an improved transport pathway and a more ambitious target. For example, analysis has shown that the current RED provides Member States with the option of working on either an EU average grid emissions factor or the national grid emissions factor for estimating the contribution of electricity used in transport (primarily electric road vehicles and trains) towards achieving the current 10% target. The current RED does not provide a specific approach for counting energy consumed in transport from biomethane injected into the grid or hydrogen produced from renewable sources. Without a clear prior agreement on the methodology and structure, considerable legal and policy uncertainty will undermine future investments.
Leigh Hancher is Professor of European Law at Tilburg University, part-time Professor at the Florence School of Regulation (EUI), and Of Counsel at the Amsterdam office of Allen & Overy LLP. She is an internationally renowned EU law expert and has counselled firms in a broad range of procedures. She has regularly acted as an adviser to the European Commission and the European Parliament on energy law issues. In addition, Professor Hancher regularly contributes to leading journals, has directed several research projects, and is the author of numerous titles, including EU State Aids, 4th edn (Sweet & Maxwell 2012), Capacity Mechanisms in the EU Energy Market (OUP 2015), and EU Energy Law: EU Competition Law and Energy Markets Volume II (Claeys & Casteels 2016).
Dörte Fouquet is Partner at Becker Büttner Held (BBH), Brussels Office, and specialises in EU law and international legal relations, with focus on competition, infrastructure, energy and environment. Dörte advises companies, finance institutions, associations, governmental agencies in Germany and other EU Member States, EU institutions and on international level. Prior to joining BBH in 2011, she was Partner at Kuhbier and before that, she worked for the Ministry for the Environment and Energy in Hamburg and Liaison office of Hamburg and Schleswig-Holstein to the European Commission in Brussels. Dörte holds PhD in law from the University of Hamburg.
- Lectures will be interactive with instructors focusing on the key theoretical concepts complemented by illustrative current examples and case studies from the industry.
- Participants will be expected to engage with programme through the use of interactive tools and activities which are designed to enhance the discussion and learning experience.
- Q&A sessions: A Q&A session will follow each sessions in order to clarify the main concepts, stimulate debate and ensure that participants are actively involved in the programme.
- Group work activities will be incorporated into the training to facilitate learning and engagement with the topic and foster collaboration among the participants.
- The limited number of participants ensure an effective learning environment which encourages open discussion between the course directors and participants, while also promoting networking.
- Online training materials will be provided in advance of the residential Summer School which are designed to equip participants with a basic knowledge of the issues raised in the case study. In particular, online videos and podcasts aimed at giving further understanding of the topics to be studied, as well as online guidance on how to approach and prepare case studies, will be made available to all registered participants through our dedicated online platform in early May 2017.
Target Group and Knowledge LevelThe training has been developed for:
- Energy lawyers
- Industry professionals
- Members of the European Commission, and European institutions
- Academics in the field of energy and regulation
- Combined course: 4,000 €
- Part 1 only: 2,250 €
- Part 2 only: 2,250 €
For donors, National Regulatory Authorities and Academics
- Combined course: 3,000 €
- Part 1 only: 1,700 €
- Part 2 only: 1,700 €
For PhD Students
- Combined course: 1,500 €
- Part 1 only: 900 €
- Part 2 only: 900 €
FSR Training Case Studies
Steven Weissman: The crisis in California’s deregulated electricity markets
Stephen Thomas: Hinkley Point, the future of nuclear and state aid