Unpacking the Legal content of the Clean Energy Package
Online part: 14 May – 8 June 2018
Residential part: 13 – 15 June, Florence
The EU Clean Energy Package (CEP) was first proposed by the European Commission in November 2016. Having been subject to extensive consultation as well as scrutiny by the European Parliament, the Council agreed in late December 2017 on amended texts. The new package of legislation is expected to be finalised and adopted in the course of 2018.
The 2018 training on Energy Law and Policy offers a unique opportunity to develop a detailed and critical insight into the many complex legal issues raised by the CEP. In advance of an intensive 3-day residential programme, there will be a series of dedicated online live classes led by FSR experts in the four week period leading up to the course which will introduce the main legal controversies and challenges ahead.
The CEP sets the EU energy efficiency and renewable energy ambitions for the 2030 horizon. The package updates the main legislation that governs the functioning of the internal electricity market (the software) and the transmission and distribution grids (the infrastructure). It is vast and complex in its own right, but it also raises new challenges for the interaction of EU competition law, including the EU State aid rules, and sector-specific regulation. The issue of capacity remuneration mechanisms is a good example of this. And how will the powers given to national and European regulators under the new CEP interact with the Treaty competition rules on abuse of market power, cartels and state aid? The new rules also raise novel issues in energy market governance. The new market design must be built on rules that can be enforced. In this context, the issue of Regional Operational Centres (ROCs) and the role of ACER must be analysed in depth.
The CEP promises a new deal for consumers, who are expected to be major actors in the newly designed energy market, whether they are acting as prosumers (someone who both produces and consumes energy) or in cooperation with other consumers in a local energy community. Will they be treated as energy companies? Will these prosumers be faced with less protection as a result? Can wholesale and retail price regulation be banned at national level? Will prosumers need a different type of protection – including data protection? Can DSOs participate in supplying new market services, such as storage or should there be stringent legal limits in place? What will be the new issues faced by TSOs in the new context?
The training aims to give you a deep level of understanding of the legal mechanics of the CEP. The 3-day residential course will be preceded by a series of online classes, over a period of four weeks, introducing the wider legal and regulatory framework in an interactive setting. The online courses are led by FSR experts and will give participants the opportunity to debate controversial issues as well as flag questions that can be dealt with in greater depth during the residential course.
The combined programme ensures that you develop a theoretical and real-world understanding of the issues at stake. You will be expected to actively participate in live online classes, take part in tutorials with the instructors, and engage with the online course platform which will provide background and support materials as well as discussion forums and debate, so that you are well prepared for the intensive 3-day residential programme. In Florence, each day will be structured around two main sessions, combining course lectures with illustrative case studies and team exercises.
We also encourage legal practitioners and experts who are not fully familiar with the wider economic and organisational dimensions of the CEP to prepare themselves for our training by first following the FSR’s new 6-week online course on the EU Clean Energy Package.
Online programmeThe introductory online coures will allow you to get the maximum out of the residential course by introducing you to some of the major legal and regulatory issues in the CEP
Week 1: The new legal basis – article 194, the energy mix and the future of fossil fuel
Live class 1: 18 May 12:00 – 13:00 CEST
Week 2: the treaty state aid framework – friend or foe in the energy transition?
Live class 2: 25 May 12:00 – 13:00 CEST
Week 3: services of general economic interest – still an escape route?
Live class 3: 1 June 12:00 – 13:00 CEST
Week 4: the new market design – good economics?
Live class 4: 8 June 12:00 – 13:00 CEST
Residential programmeDAY 1
Session I: The new market design in its wider consititutional context
Understanding the importance of the EU ‘s energy constitutional framework The new electricity market design – the legal nuts and bolts The CEP and its impact on traditional market players The Recast RES Directive
Session II: New actors – new legal opportunitiesNew actors (1) – the rights and obligations of active consumers New actors (2) – will aggregators become the new market makers? Case Study on local energy communities Data protection issues: is your refrigerator watching you?
Session I: Competition and RegulationWhy can capacity payments fall under the EU state aid regime The application of the state aid rules to the Renewable Energy Support – understanding the EEAG Art 101 and 102- centralised anti-trust control in decentralised markets Case study: Gazprom settlement
Session II: The new market design in operation – the role of ACER and the role of Network CodesNetwork codes – their role and purpose Network codes – the legal basis Network codes and governance issues – ACER or the Commission in the driving seat? Case Study – The Austrian Bidding Zone case Network Codes in third countries
Session I: Price Regulation in the new contextCapacity Remuneration Mechanisms and the challenge of cross-border participation Case Study Regulated Retail Prices: the new strategy of the Commission
Session II: TSO in the front line?Regional Operational Centres: the challenges Case Study Critical TSO issues: Looking forward
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).
Target GroupThe 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
General fee2.000 €
For Donors, Academics, PhD students1.500 €