State aid and State interventions in the energy market meeting 12 April 2013

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1 State aid and State interventions in the energy market meeting 12 April 2013 DG Bartlomiej Gurba 8 March 2013

2 Completing internal market for electricity and gas 2009 Third Package + implementing provisions (network codes) 2009 Renewable Sources Directive 2011 Infrastructure Package + implementation 2012 Efficiency Directive 2012 Communication on Internal Market: Ł announces guidance documents on Generation Adequacy 2012 Communication on Renewable Ł guidance on renewable energy support schemes, Ł guidance on the use of renewable energy cooperation mechanisms

3 Investment challenge Letting the market work to encourage appropriate investments: - - State intervention needs to be optimised and coordinated for support schemes for RES, CM and infrastructure - - Market Coupling has already integrated national markets

4 Support for renewables differs significantly across EU-countries Remuneration ranges (average to maximum remuneration) for onshore wind in the EU-27 MS in 2011 (average tariffs are indicative) compared to the long-term marginal generation costs (minimum to average costs).

5 Monthly average wholesale price Source: Pöyry

6 Surplus and deficit areas TWh TWh 20 TWh TWh Surplus Deficit Storage hydro Wind production

7 Generation adequacy 2020 NW Europe 20 Remaining Capacity - Adequacy Reference Margin (GW) Scenario A Scenario B Scenario EU 2020 Scenario A Scenario B Scenario EU 2020 Scenario A Scenario B Scenario EU 2020 Scenario A Scenario B Scenario EU 2020 Scenario A Scenario B Germany France Great Britain Netherlands Belgium Denmark Norway N. Ireland Rep. of Ireland Scenario EU 2020 Scenario A Scenario B Scenario EU 2020 Scenario A Scenario B Scenario EU 2020 Scenario A Scenario B Scenario EU 2020 Scenario A Scenario B Scenario EU 2020

8 The advance of market coupling National measures are insufficient in a European market

9 Link between State aid and EU regulation Aim: Coherence between rules of the Commission's initiatives regarding completion of internal market for energy and State aid rules: Ł in respect to overall policy aims Ł Identification of market failures Ł in respect to EU regulation Ł Necessity of the aid and appropriate instrument Ł in respect to Commission's exemption decisions Ł Necessity, proportionality of aid Ł in respect to assessment of public service obligations (PSOs) + Federutility judgment

10 Summary Example I: Implications for capacity mechanisms Identify problem (capacity gap) and identify underlying causes of capacity gap Target measure to problem Address barriers to market delivering generation adequacy in parallel part of transitional nature of intervention (discussed at Electricity Coordination Group)

11 Impact on IEM Impact on IEM Distortion of production decisions: static efficiency Cross border participation to maximum extent possible Regional (2+ MS) schemes preferable Technological neutrality Distortion of investment decision: dynamic efficiency Burdens to consumers

12 Example II: infrastructure Relevant internal market regulation: Which projects are of EU interest? Identification of Projects of Common Interest (PCI) How all networks shall be operated (proportionality and avoidance of distortions of competition)? Third Party Access to networks provisions of the Third Package Smart meters requirements Exemptions from TPA and tariff provisions

13 Implications for energy infrastructure Regulated networks: requirement of Third Party Access (TPA). Additionally for distribution networks: technologically compatible with smart meters and demand respond appliances. Regulated networks subject to exemptions under Third Package Directives: case by case analysis regarding necessity of State aid Networks subject to support from Connecting Europe Facility: State aid shall not be granted if the CEF covers the funding gap fully. Networks subject to soft regulation (gas storages): case by case analysis. When functionally and legally independent operators are designated and TPA is granted in non-discriminatory manner preassumption of lack of major competition distortions

14 CO2 transport E highways smart grids Criteria / CBA ~ 200 PCIs Accelerated permit granting Regulatory measures EU financial assistance

Financing Connecting Europe Facility 2014-2020 Eligibility criteria (in guidelines): Grants for studies and financial instruments available to all

15 Financing Connecting Europe Facility Eligibility criteria (in guidelines): Grants for studies and financial instruments available to all PCIs In exceptional cases, grants for works for PCIs where: CBA shows positive externalities Commercially not viable Cost-allocation decision done 5,1 bn

16 Scope of Financial Instruments Financial Instruments as a tool in public policy: Commercially viable 0 tax, regulate (internalise Externalities) avoid promote business support through grants CEF 0 Delivering public goods

Trans-European energy infrastructures PCI process: from project identification to funding Every two years E/G TYNDP+; oil; sg; co2 Art.4(1) Art.4(2) Art.3(3) Annex III.2(5e) Art.

17 Trans-European energy infrastructures PCI process: from project identification to funding Every two years E/G TYNDP+; oil; sg; co2 Art.4(1) Art.4(2) Art.3(3) Annex III.2(5e) Art.3(6a) To fulfil all general criteria To fulfil specific criteria RG decide on regional list ACER opinion (E/G) Union-wide PCI list Art.3(6a) Union-wide PCI list Chapter III. Accelerated permit granting Art.13 Cross border cost allocation Art.15 Eligibility for financing Every year CEF grants: annual / multiannual work programme (all PCIs excl. oil) Implementing Act CEF Art.17 Selection criteria CEF Art.17(6) Award criteria CEF: annual call for proposal (open to all PCIs excl. oil) CEF Art.15 Financial Instruments by IFIs: due diligence by IFIs CEF: annual call for proposal Evaluation of received project proposals Verific ation of eligibi lity criteri a Evaluation of award criteria: - the maturity of the action in the project development stage; - the need to overcome specific financial obstacles - quality of the proposal CEF: award decision CEF Art.17a

18 Conclusions Coherence of State aid schemes with the regulatory EU framework is an important condition to achieve the EU goal to complete Internal Markets in 2014.

Introduction to transmission network assessment methodology: the ENTSO-E CBA methodology and the PCI selection process.

Introduction to transmission network assessment methodology: the ENTSO-E CBA methodology and the PCI selection process Péter Kaderják SEERMAP training March 7, 2017 Athens, Greece Overview The policy context