

THE STATE OF THE EUROPEAN UNION
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the Electricity Directive and the Electricity
Regulation (whose last updates date back to the
Third Energy Package of 2009), intending to
deepen the integration of the European electric-
ity market. Several provisions aim at further link-
ing short-term markets, while others push for
even more regional cooperation of Transmission
System Operators (TSO). The Electricity
Regulation also deals – for the first time in the
European legislation – with capacity mecha-
nisms, notably with the objective of making
cross-border participation mandatory in nation-
al capacity mechanisms. While this is overall go-
ing in the right direction (although many de-
bates could arise on the details of each
provision), the Commission’s approach towards
the electricity market design is arguably closer
to “business as usual” than to a fundamental
rethinking of the electricity market design.
Regarding electricity security of supply, the
Commission is mirroring its recent initiative on
gas security of supply. While here again the ini-
tiative is welcomed, the regulation proposal fo-
cuses on technical cooperation. The essential is
thus elsewhere: political governance.
Precisely, regarding governance, the
Commission is proposing a brand-new regula-
tion. The recognition of the importance of good
governance at all levels (local, national, European)
is very welcome, if the Energy Union is to be suc-
cessful. For sure, improved coordination, moni-
toring and enforcement are keys to investment
security and a fair effort sharing. However, a look
at the details reveals that key decisions have been
spared out. Member states have to submit a draft
national energy and climate plan to the
Commission by 2018 in which they stipulate
their approach to meet the overall union goal (in-
cluding national objectives, targets and contribu-
tions of each of the five dimensions, a description
of the policies they aim to pursue (status quo,
projection, impact assessment) and the envi-
sioned trajectory. The final energy and climates
plans will to be monitored by the 2019 biennial
including Commission recommendations and na-
tional updates.
In general, one can argue that a national
planning procedure is based on voluntary con-
tributions. The Commission in a next step is
asked to evaluate the 28 plans and evaluate if
the overall Union-wide target is met. In case of
a so-called ambition gap the Commission is
asked to adapt to those plans for finalisation. So
far, it is not clear which instruments the
Commission has in order to overcome the ambi-
tion gap of member states, since no mechanism
to define national contributions or targets are
foreseen. More coordination of national energy
policies and regional cooperation are welcomed
and needed to achieve union targets. However,
a coherent and continuous monitoring is the
basis for planning and investment security for
market actors and the needed generation of pri-
vate investment.
Still, the absence of clear national targets or
defined burden sharing bears potential for con-
flict not only in case of contrasting national
policy targets for renewables or the energy mix
as a whole but also for security of supply if sys-
tem imbalances further increase (lack of grid
expansion, lack of interconnectors, increasing
shares of volatility in some regions). This will
very likely materialise in market intervention and
increasing macro-economic costs.
Finally, one can expect debate on a fair bur-
den and cost sharing. A fund at the European
Union level to realise renewable energy projects
and to close the gap is definitely a good idea, but
it is too early to comment on the effectiveness to
boost the installation of renewable capacities
since the design and volume is not fixed yet. In
how far the instrument of stronger regulation in