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Competitiveness in the UE in light of existing and planned directives/regulations (legal aspects) Imię i Nazwisko, Stanowisko 11 maja 2011 Bogdan Janicki, Senior Advisor, CEEP

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Page 1: Competitiveness in the UE in light of existing and planned ... · 2013 1 january 2015 1 january 2018 Petrol (motor) Gasoil LPG, Natural Gas 0 0.02 0.04 0.06 0.08 0.1 0.12 0.14 0.16

Competitiveness in the UE in light of

existing and planned

directives/regulations (legal aspects)

Imię i Nazwisko, Stanowisko

11 maja 2011

Bogdan Janicki, Senior Advisor, CEEP

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Bogdan Janicki, Senior Advisor CEEP 2/25

European Union

Saturated EU Economies

Not saturated EU economies GDP per capita w 000’ EUR ,2008 year

GDP per capita w 000’ EUR 2008 year

Source:Eurostat

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Bogdan Janicki, Senior Advisor CEEP 3/25

Electric generation TWh and the share of coal (2007)

0

20

40

60

80

100

120

140

160

180

Bulgaria CzechRepublic

Estonia* Latvia Lithuania Hungary Poland Romania Slovenia SlovakRepublic

total

coal

* shale oil

Source: European Commission, EU Energy and Transport in figures, Statistical pocketbook

2010

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Bogdan Janicki, Senior Advisor CEEP 4/25

Gross inland consumption and the share of solid fuels (toe) 2007

0

20

40

60

80

100

120

total

solid fuels

Source: European Commission, EU Energy and Transport in figures, Statistical pocketbook

2010

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Bogdan Janicki, Senior Advisor CEEP 5/25

CO2 per capita (kg/cap) 2007

0

5000

10000

15000

20000

25000

30000

Be

lgiu

m

De

nm

ark

Ger

man

y

Ire

lan

d

Gre

ece

Spai

n

Fran

ce

Ital

y

Cyp

rus

Luxe

mb

ou

rg

Mal

ta

Net

her

lan

ds

Au

stri

a

Po

rtu

gal

Fin

lan

d

Swed

en

Un

ite

d K

ingd

om

Bu

lgar

ia

Cze

ch R

epu

blic

Esto

nia

Latv

ia

Lith

uan

ia

Hu

nga

ry

Po

lan

d

Ro

man

ia

Slo

ven

ia

Slo

vak

Rep

ub

lic

UE2

7

saturated

not saturated

EU27

Source: European Commission, EU Energy and Transport in figures, Statistical pocketbook

2010

Page 6: Competitiveness in the UE in light of existing and planned ... · 2013 1 january 2015 1 january 2018 Petrol (motor) Gasoil LPG, Natural Gas 0 0.02 0.04 0.06 0.08 0.1 0.12 0.14 0.16

Bogdan Janicki, Senior Advisor CEEP 6/25

Carbon intensity 2007 - CO2 emissions / gross inland consumption

(tonne CO2 /toe)

0

1

2

3

4

5

6

7B

elg

ium

De

nm

ark

Ger

man

y

Ire

lan

d

Gre

ece

Spai

n

Fran

ce

Ital

y

Cyp

rus

Luxe

mb

ou

rg

Mal

ta

Net

her

lan

ds

Au

stri

a

Po

rtu

gal

Fin

lan

d

Swed

en

Un

ite

d K

ingd

om

Bu

lgar

ia

Cze

ch R

epu

blic

Esto

nia

Latv

ia

Lith

uan

ia

Hu

nga

ry

Po

lan

d

Ro

man

ia

Slo

ven

ia

Slo

vak

Rep

ub

lic

UE2

7

saturated

not saturated

EU27

Source: European Commission, EU Energy and Transport in figures, Statistical pocketbook

2010

Page 7: Competitiveness in the UE in light of existing and planned ... · 2013 1 january 2015 1 january 2018 Petrol (motor) Gasoil LPG, Natural Gas 0 0.02 0.04 0.06 0.08 0.1 0.12 0.14 0.16

Bogdan Janicki, Senior Advisor CEEP 7/25

Energy intensity 2007 - toe / M€ ’00

0

200

400

600

800

1000

1200B

elg

ium

De

nm

ark

Ger

man

y

Ire

lan

d

Gre

ece

Spai

n

Fran

ce

Ital

y

Cyp

rus

Luxe

mb

ou

rg

Mal

ta

Net

her

lan

ds

Au

stri

a

Po

rtu

gal

Fin

lan

d

Swed

en

Un

ite

d K

ingd

om

Bu

lgar

ia

Cze

ch R

epu

blic

Esto

nia

Latv

ia

Lith

uan

ia

Hu

nga

ry

Po

lan

d

Ro

man

ia

Slo

ven

ia

Slo

vak

Rep

ub

lic

UE2

7

saturated

not saturated

EU27

Source: European Commission, EU Energy and Transport in figures, Statistical pocketbook

2010

Post-industrial Europe creates

ambitious goals for the entire

EU, according to GHG

emissions

Page 8: Competitiveness in the UE in light of existing and planned ... · 2013 1 january 2015 1 january 2018 Petrol (motor) Gasoil LPG, Natural Gas 0 0.02 0.04 0.06 0.08 0.1 0.12 0.14 0.16

Bogdan Janicki, Senior Advisor CEEP 8/25

European Commission proposals for a Council Directive amending the existing Directive 2003/96/EC

Tax reconstructed according to CO2 emissions and energy content:

A part based on CO2 emission of the energy

A part based on energy content per GJ

Page 9: Competitiveness in the UE in light of existing and planned ... · 2013 1 january 2015 1 january 2018 Petrol (motor) Gasoil LPG, Natural Gas 0 0.02 0.04 0.06 0.08 0.1 0.12 0.14 0.16

Bogdan Janicki, Senior Advisor CEEP 9/25

A part based on CO2 emission of the energy by product

European Commission proposals for a carbon tax

It would oblige member states to set minimum rates but

not lower than 20€/t CO2 for fuel used for the purposes

of transport and heating

The tax would be automatically linked to inflation –

measured every third year

Minimum level of taxation from 1 January 2013 (recommended ):

20 €/t CO2

European Commission proposals for a Council Directive amending the existing Directive 2003/96/EC

It will influence adversely EU competitiveness

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Bogdan Janicki, Senior Advisor CEEP 10/25

0

2

4

6

8

10

12

1 january2013

1 january2015

1 january2018

Petrol (motor)

Gasoil

LPG, NaturalGas

0

0.02

0.04

0.06

0.08

0.1

0.12

0.14

0.16

gas oil heavyfuel oil

LPG naturalgas

Coal

heating fuels

motor fuels

Minimum levels of taxation applicable from 1st January, 2013

(recommended) for motor and heating fuels (Euro/GJ)

A part based on an energy content per GJ

European Commission proposals for a Council Directive amending the existing Directive 2003/96/EC

Another factor decreasing EU competitiveness

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Bogdan Janicki, Senior Advisor CEEP 11/25

Motor fuels

From 2023, it will be obligatory for Member States to respect the

relationship between the different products in their national rates.

Example: diesel/petrol

Alignment of tax treatment on the basis of energy

content and CO2 will lead to a higher per-volume

rate for diesel (412 - diesel against 359 €/1000l -

petrol ) by 1/1/2018 (as 1 litre diesel emits more CO2

than 1 litre of petrol / has higher energy content)

Member States will have to reflect the relation in

national rates, but will be given time for adjustment

until 2023

European Commission proposals for a Council Directive amending Directive 2003/96/EC

Biofuels

No CO2 tax applies to sustainable biofuels

Unsustainable biofuels will be treated as conventional

fuels

Central European

countries will be

obliged to revise

their import of

heavy crude oil

(URAL) from

Russia?

And refurbish

their crude oil

processing plant

Page 12: Competitiveness in the UE in light of existing and planned ... · 2013 1 january 2015 1 january 2018 Petrol (motor) Gasoil LPG, Natural Gas 0 0.02 0.04 0.06 0.08 0.1 0.12 0.14 0.16

Bogdan Janicki, Senior Advisor CEEP 12/25

Heating fuels

New minimum rates introduced as of 2013 (recommended)

As of 2013, Member States need to respect the relationship

between the different products in their national rates and fix

equal levels for their respective use

Member States may postpone introduction of the CO2 part

of the tax until 2020, when it becomes obligatory

European Commission proposals for a Council Directive amending the existing Directive 2003/96/EC

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Bogdan Janicki, Senior Advisor CEEP 13/25

Member States should be given the flexibility necessary to define

and implement policies appropriate to their national circumstances

Point No. (9), Directive 2003/96/EC, 27 October 2003, restructuring the Community

framework for the taxation of energy products and electricity

Referring to the recent European Commission proposals, countries

with unsaturated economies, should bear in mind that:

European Commission proposals for a Council Directive amending the existing Directive 2003/96/EC

According to CEEP, the implementation of such proposals

should be extended beyond 2040

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Bogdan Janicki, Senior Advisor CEEP 14/25

Draft Commission Decision determining transitional European

Union-wide rules for the harmonised free allocation of emission

allowances pursuant to Article 10a of Directive 2003/87/EC

Directive 2009/29/EC

For the determination of benchmark values, the Commission has

decided to use, as a starting point, the arithmetical average of

greenhouse gas emissions performance, based on the 10% most

efficient installations. This leads us indirectly to assume an

equivalent to establishing a benchmark based on natural

gas installation efficiency.

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Bogdan Janicki, Senior Advisor CEEP 15/25

The benchmark defined in this way will have a negative impact for many

companies in Central Europe. Adopting the proposed version will lead to a

significant deficit in free allocation of emission allowances in companies

operating in the market. The proposed rules automatically increase

manufacturing costs because of their energy-mix, that is when the majority

are based on solid fuels. Companies will struggle to stay competitive. This

situation will affect all key industries.

The aim of the Emissions Trading Scheme (ETS), as stated in Article 1 of

Directive 2003/87/EC as amended by Directive 2009/29/EC, is to promote

reductions of greenhouse gas emissions in a cost-effective and economically

efficient manner.

This is particularly important for Central European countries. We must remember

that the GDP per capita in Central European countries is almost three times

lower than in countries with saturated economies (e.g. France, UK, Holland,

Belgium, Germany, etc). We should strive to remove these differences. The

introduction of the proposals regarding Article 10a will have a negative

impact on this process, due to a significant increase of energy prices in the

Central European countries.

Article 10a of Directive 2003/87/EC

Directive 2009/29/EC

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Bogdan Janicki, Senior Advisor CEEP 16/25

Coal energy is one of the cheapest sources of energy. Rising energy

prices will cause people to switch to burning coal to heat their homes,

as currently, a large number use heat produced by power plants. This

will increase greenhouse gas emissions (not controlled by the ETS) at

a low altitude, which will subsequently have very negative

consequences for the environment and human health.

In accordance with Article 10a Directive 2003/87/EC, specific

provisions should be implemented in such a way as to encourage

greenhouse gas emission reductions. The current proposal does not

provide incentives for such activities, but it goes further. The current

proposal may lead to the elimination of sources of greenhouse

gas emissions in a large number of factories, through

bankruptcy, due to their weak market positions. Bankruptcy of

many companies is equivalent to a rise in unemployment. The

social cost of this is too large and cannot be accepted.

Therefore, regional conditions must be taken into consideration.

Directive 2009/29/EC

Article 10a of Directive 2003/87/EC

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Bogdan Janicki, Senior Advisor CEEP 17/25

Action taken by the European Commission aimed at increasing the

share of natural gas in the EU energy mix

Gas prices, however, are not the

same for all!

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Bogdan Janicki, Senior Advisor CEEP 18/25

The average price of Russian gas in Europe (USD/1000m3)

Source:Rzeczpospolita

0

50

100

150

200

250

300

350

400

2005 2006 2007 2008 2009 2010 2011 IQ

Russia

CIS and Baltic States

EU

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Bogdan Janicki, Senior Advisor CEEP 19/25

The average price of Russian gas in Europe (USD/1000m3)

0

50

100

150

200

250

300

350

400

Source: Interfax

Saturated economies

Not saturated economies

Central European states are

dependent on mainly one gas

supplier

2010

Page 20: Competitiveness in the UE in light of existing and planned ... · 2013 1 january 2015 1 january 2018 Petrol (motor) Gasoil LPG, Natural Gas 0 0.02 0.04 0.06 0.08 0.1 0.12 0.14 0.16

Bogdan Janicki, Senior Advisor CEEP 20/25

The proposed natural gas pipelines in Europe

NORDSTREAM

Nordstream gas pipeline will

deepen differences between Central

Europe countries and UE 15.

This will negatively affect the

competitiveness of the CE

economies

Nabucco will diversify the natural

gas supply and is a chance for

Central Europe countries, as

concerns price levels.

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Bogdan Janicki, Senior Advisor CEEP 21/25

Other EU initiatives decreasing EU competitiveness:

Directice 2009/28/CE - Renewable Energy Sources

(including biofuels)

Directive 2009/30/EC - Vapour pressure

Directive 2009/30/EC - Article 7a

Roadmap 2050

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Bogdan Janicki, Senior Advisor CEEP 22/25

We would like to draw your attention to the following:

“Support to less developed regions – both in the new Member States and in

the current ones – is the first priority of cohesion policy. In these regions,

direct support to industry will be accompanied by an improvement of the

framework conditions in which these companies operate, as well as the

extension and improvement of transport, telecommunications and energy

infrastructures.”, COMMUNICATION FROM THE COMMISSION :

‘Fostering structural change: an industrial policy for an enlarged

Europe’ Brussels, 20.4.2004 COM(2004) 274 final p. 32

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Bogdan Janicki, Senior Advisor CEEP 23/25 23

2005 2006 2007 2008

saturated economies 26.7 27.8 29.2 29.2

not saturated economies 6.3 7.1 8.3 9.4

0

5

10

15

20

25

30

35

GDP per capita ( 000’EUR) UE27

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Bogdan Janicki, Senior Advisor CEEP 24/25

Each Directive, or any other legal solution stated by the EU, should be justified

by economic calculations concerning their influence on:

The EU’s competitiveness against the USA, China, India, Brazil, and Russia, with a special chapter

concerning the competitiveness of Central European countries;

The economies of EU countries: taking into consideration their level of development and GDP, and

natural resources of energy.

CEEP Proposal

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Bogdan Janicki, Senior Advisor CEEP 25/25

Thank-you for your attention