EN Official Journal of the European Union C 161/1

Opinion of the European Economic and Social Committee on ‘Exploring the needs and methods of public involvement and engagement in the energy policy field’ (exploratory opinion)

2013/C 161/01

Rapporteur: Mr ADAMS

On 13 November 2012 the European Commission decided to consult the European Economic and Social Committee, under Article 304 of the Treaty on the Functioning of the European Union, on

Exploring the needs and methods of public involvement and engagement in the energy policy field

(exploratory opinion).

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 27 February 2013.

At its 488th plenary session, held on 20 and 21 March 2013 (meeting of 20 March), the European Economic and Social Committee adopted the following opinion by 183 votes to 2 with 5 abstentions.

1. Introduction and recommendations

1.1 The European Commission has welcomed a proposal from the European Economic and Social Committee to explore the creation of a civil society dialogue on energy issues. Public involvement, understanding and acceptance of the different changes which our energy system will have to go through over the coming decades are absolutely essential. In this regard, dialogue with civil society is vital, and the EESC's membership and constituency, reflecting European society, is well placed to reach out to citizens and stakeholders in the Member States and establish a comprehensive programme embodying participative democracy and practical action.

1.2 Following preliminary consultation with Member States, regional and municipal bodies, organisations representing the social partners, NGOs, the energy sector and grassroots citizens' organisations the European Economic and Social Committee recommends moving ahead with the proposals contained in section 7 of this Opinion.

1.3 In summary: — The EESC will take a lead in establishing a European Energy Dialogue (EED), a coordinated multi-level, action-oriented conversation within and across all Member States. — The programme will be ambitious and professional, sponsored and funded by stakeholders in the energy chain, linking with existing initiatives and gaining recognition as a trustworthy "social brand" responsive to public needs and concerns. — The EED will be synonymous with reliable information about energy, and will offer a "negotiation space" where implementation issues can be discussed against a background of societal impact and acceptance, investment and resource strategy and other policy considerations. — The main indicator of success of the programme will be its adoption in Member States, a measurable influence on policy-making across all forms of energy and a recognised role in stimulating convergence at EU level, with strong links to the post-2020 energy and climate action framework. — The EESC therefore recommends strong political and administrative backing for the proposed EED with adjustment of the European Commission's internal approach, emphasising dialogue and conversation. — The EESC recommends financial support to sustain the EED's work in the coming EU financing period (2014-20).

2. Context

2.1 In order to meet the low-carbon 2050 objectives energy efficiency is critical, irrespective of the particular energy mix chosen. If Member States are to keep open, flexible options in their energy mix, then early investment in a modernised, upgraded and well connected internal market is also vital. These, and the switch to the greater use of electricity, are the relatively uncontested elements of EU energy policy, though issues of cost, funding, speed of implementation and impact remain outstanding. Meanwhile, questions about the energy supply mix and how energy efficiency and the necessary level of investment can be achieved, are increasingly coming under intense scrutiny within Member States. Whilst it is likely that the development of a European approach will result in lower costs and a more secure supply compared to diffuse, unilateral national schemes much of the public debate continues to centre on the ever-increasing rise in consumer prices and the increasing impact of infrastructure and production methods. In rare cases Member States may organise national debates on aspects of the energy transition but, as a rule, such a discussion will not happen on its own and needs to be encouraged.

2.2 Because European public values around "energy futures" are in transition and relevant policy measures will largely be initiated at EU level, EU bodies must participate in building trust in the relationship between, and among, statutory and non-statutory civil society energy stakeholders and policy actors, through fostering public involvement in structured dialogue. By adding this element, an important step is made by distinguishing between what is technically and economically possible and what is feasible and socially acceptable to stakeholders. It will also introduce a practical example of participative democracy concerning an issue relevant to everyone.

2.3 This exploratory opinion on the needs and the methods of public involvement and engagement in the energy policy field outlines how such a comprehensive and inclusive dialogue could be framed and developed at the interface between European, national and local levels. Such a dialogue should also point to practical steps which can be taken by the citizen and stimulate innovative action and response by suppliers and the authorities.

3. The policy framework

3.1 The framework of EU energy policy is designed to strengthen and maintain energy security, competitiveness and sustainability. The 2050 reduction target for greenhouse gases emissions of at least 80 % of 1990 levels remains a firm quantitative but not yet legally binding goal. However other aspects of sustainability – for example the proportion of renewables in the energy mix – remain unresolved beyond 2020. Similarly, what constitutes an acceptable degree of energy dependency or the energy price differential with major global competitors is also unlikely to be quantified. EU policy somehow has to accommodate these uncertainties – indeed recent history indicates that global energy price volatility and the impact of unforeseen events demands an energy policy which is both flexible and capable of dealing with complex external circumstances.

3.2 EU policy-making on the energy transition often lacks true ownership by the Member States and does not engage with citizens in terms of explaining trade-offs and preferences. The scenario building approach developed in the Energy Roadmap 2050 is a sensible way of tackling a fluid situation. However, using this technique to prepare the ground for policy formulation stumbles over this lack of ownership by Member States and the doubts of a public generally less informed on or interested in most energy issues other than price and, in some countries, supply security. EU-level policy documents are mainly meant for Member States, major institutional and industrial stakeholders, and sometimes fail to connect and resonate with the public's concerns. Part of the public involvement and engagement process that is set out in this Opinion necessarily involves the "translation" of complex energy concepts. The key driver will be the role of public knowledge, views and values in helping all parties to reassess, adjust and adapt for an uncertain world. The three pillars of energy policy – security of supply, competitiveness and sustainability – should be joined by a fourth – participation.

3.3 This will not be easy. To date, reconciling EU solidarity and cooperation and the Member State's right to determine its energy strategy has resulted in blurred policy and unclear messages, not least to citizens, and hence deep misunderstandings.

3.4 Engaging citizens at the national level and then setting national energy policies within a broader EU perspective is one way of bridging this gap and bringing clarity (National initiatives under development such as the Débat national sur la transistion énergétique in France, the Energiewende in Germany and the Spanish Energy Mix Forum would all benefit from an enhanced connection with the European dimension). National leaders need a democratic mandate, an electorate informed about this key issue and one which is prepared to walk in partnership with their politicians down what will be a difficult road. If open and inclusive public discussion does not happen about cooperative, pan-European energy futures, the assumption will remain that only national attitudes are socially acceptable. This national pre-emption has already led some stakeholders to describe EU energy policy as neither coherent nor credible. This lack of clarity reduces the capacity to set in place a coherent low-carbon energy policy to deal with the pressure of climate change – and time is running out.

3.5 Across Europe citizens have expressed dissatisfaction with the functioning of the energy market (see Consumer Markets Scoreboard – http://ec.europa.eu/consumers/consumer_research/editions/docs/8th_edition_scoreboard_en.pdf), which undermines further effort towards joint EU action on the energy transition if it remains unaddressed. Citizens need to be more efficiently involved in the strategic direction of major policy choices – beyond their role as energy consumers – because preparing the energy transition goes beyond the important market issues. In many Member States similar dissatisfaction is growing about the political process – the "politics". At the critical EU level, the "politics" either isn't happening or isn't delivering and the EU dimension has often devolved to uncoordinated national energy policy debates. For this situation to change the joint responsibility for our collective energy future will involve a shared enterprise between citizens, key stakeholders and political decision makers.

3.6 Although numerous local, regional and national initiatives are underway involving the public in various aspects of energy planning there is a real practical need to channel and focus existing public involvement, expertise and capacity. There is currently no proper framework in place for a citizen/stakeholder/civil society organisation (CSO) dialogue about how to source, transfer and use energy. Such a dialogue - one that can inform EU policy and feed back the European dimension into national debates - is urgently needed. A far-reaching, ambitious, coordinated programme of public engagement and involvement should stimulate an informed discussion, raising the level of debate and understanding and providing policy makers (who in turn should listen and respond), with greater confidence in going forward. In outlining the conditions required and the action needed for such a programme this exploratory opinion builds on a preparatory research study commissioned by the EESC and published in December 2012entitled Future national energy mix scenarios: public engagement processes in the EU and elsewhere, it is available at http://www.eesc.europa.eu/?i=portal.en. events-and-activities-energy-futures-civil-society-publications.

4. Enhancing and building on existing participation mechanisms

4.1 Since 1997 a number of energy forums have been established to discuss technical, regulatory, consumer and policy issues: three regulatory forums (Florence electricity forum, Madrid gas forum, London citizens' energy forum) as well as the Berlin fossil fuels forum, the Bucharest sustainable energy forum and the European nuclear energy forum. While these are all designed to improve the functioning of the internal market in energy none have the broad remit of the type of energy dialogue proposed in this opinion. The Citizens' Energy Forum, as the name implies, seeks the implementation of competitive, energy-efficient and fair retail markets for consumers and thus offers a platform to advance consumer empowerment issues and consumer interests in regulatory matters. These forums all play some part in energy dialogue. And their greater integration through a specific coordinating platform or body would be very welcome. Indeed such a body could also represent European Commission energy interests in the structure of the ambitious European Energy Dialogue outlined below.

4.2 There are also possibilities of drawing in neighbouring third countries, particularly those already party to the Energy Community and this would support the approach suggested in The EU Energy Policy: Engaging with Partners beyond Our Borders, COM(2011) 539.

4.3 As an advisory body to EU institutions whose primary mission is to involve civil society organisations more in the European venture the EESC is well placed to help frame and plan civil society's input into policy-making. The Committee has presented Opinions on all the EU's major energy legislation and policy development work and organised an extensive programme of conferences for civil society on energy matters, engaging with all levels of energy stakeholders through direct visits in Member States. Its underlying position on the need for a European energy community and the vital nature of an underpinning societal dialogue were set out in the joint declaration with Notre Europe – Jacques Delors Institute of January 2012 (http://www.eesc.europa.eu/eec).

4.4 The essential element in building a productive dialogue will be trust. Trust in and between stakeholders cannot be assumed – quite the contrary. Therefore one of the objectives of the dialogue is to build trust between participants. For this to happen the European Economic and Social Committee, if it is to play a formative role in this process, must be open and trustworthy and have a balanced position.

4.5 Attitudes to energy in Member States are rooted in societal values. At a human level these will include safety, fuel poverty and the access of vulnerable groups to affordable supply. At a national level there are concerns about energy dependency and exposure to external influence. The debate must therefore include a strong ethical as well as economic dimension, as recognised in the Opinion of the European Group on Ethical Aspects of the Energy Mix in Europe adopted in January 2013. This should be recognised as an essential tool in the debate. It calls for an ethics framework to use for all energy sources and for decision making in the energy mix and urges the involvement of civil society through democratic participation and transparency. Further work is necessary in applying these concepts at Member State level and one of the roles of the EESC will be to recognise national sensitivities and offer a route towards convergence and collaboration.

4.6 For example, an integral element in a global socially acceptable and ethical approach to energy which EU policy should underpin is the concept of not disadvantaging the "voiceless" parts of the world, those who are vulnerable in the competitive drive for energy resources.

4.7 Effective involvement works best when informal non-statutory civil society networks are empowered to interact with more formal statutory networks. Involvement-led innovation can be a powerful means for agreeing and/or delivering national, regional, city, and local strategic objectives, at a lower cost to the public purse and with less bureaucracy than traditional processes. Presently there are few existing mechanisms to integrate metropolitan, national and pan-EU "energy futures" involvement. However initiatives such as the Covenant of Mayors that advocate better energy efficiency and more renewables indicate what is possible. Linking that involvement to policy and decision-making structures is not yet in place within or across Member States.

5. Achieving public involvement and engagement: a European Energy Dialogue

5.1 The working title for the process outlined above is the European Energy Dialogue (EED), though to emphasise the need for concrete steps to be taken variations of the title European Energy Action might also be considered. The EED would not duplicate existing bodies but rather will build on current initiatives and supplement them with both concerned energy stakeholder and citizen involvement. An important objective will be to improve policy-making by organising interaction, provide appropriate information, promoting ownership and fostering legitimacy and backing for political decisions at national and European levels. In principle all energy issues should fall within its scope, including: infrastructure, energy sources and resources, markets, consumer issues, technologies, political and environmental issues, etc.

5.2 The EED must address the needs and concerns of both statutory and non-statutory stakeholders – those groupings involved in the energy supply chain as well as investors, customers, regulators and legislators. In the context of national, EU and globally identified priorities, it must also consider representatives of inter-generational issues as a stakeholder category, particularly those of resource use and depletion, pollution control and climate change.

5.3 It should be noted that the EED would not be involved in operational or technical implementation but would have the role of providing a "negotiation space" in which implementation issues can be discussed against a background of societal impact and acceptance, investment and resource strategy and other policy considerations. It should, however, connect with very concrete actions that people can engage with such as smart metering and energy efficiency. Theory, education and practical action need to go hand-in-hand.

6. Implementing a European Energy Dialogue

6.1 The objectives would initially be to: — identify and prioritise actions which will inform and empower civil society on energy issues; — identify stakeholders, including industrial and individual energy users, energy operators, workers and trade unions and other interest groups, by their type of interest, level of knowledge, and resource capacity; — frame the key issues in such a way that everyday knowledge and experience and professional expertise can mutually interact and contribute; — develop a flexible "conversation" format adaptable in all Member States which brings citizens closer to decision-making.

6.2 Enhanced consultation and participation mechanisms are essential to a successful energy transition. An informed, structured, inclusive and responsible dialogue at the EU level is also necessary to ensure that policy making and implementation are strategic, consistent and inclusive - and therefore recognised as credible and efficient.

6.3 Ultimately public engagement must help lay the foundations for a knowledge-based, participative and efficient transition towards a low-carbon energy system by 2050. It would have the potential to add greater legitimacy to EU action on energy issues whilst enabling citizens to voice their views and preferences at national and pan-EU level.

6.4 Each identified stakeholder group should be asked, on a reciprocal basis, — what does each of them require from engaging with the dialogue; and — what is required from them in contributing to the dialogue.

6.5 If the dialogue is to be successful in the longer-term, the process must seek to understand and respond to the concerns, knowledge and values of Member States and pan-European civil society. Such a response is likely to require the development, between the stakeholders themselves, of: — strategies that will deliver what stakeholders require, at an agreed level of adjustment and compromise where necessary; — a process to deliver these strategies; and — the capability to underpin this process.

6.6 For the dialogue to achieve its tasks there are a number of basic questions to be asked: — Strategies: What strategies must be put in place to facilitate energy sector stakeholder and civil society involvement? — Processes: What critical processes must be built or re-designed to execute these strategies? — Capabilities: What capabilities are needed in the dialogue to operate and further develop these processes? — Energy sector stakeholder and civil society contribution: What contribution should the dialogue expect from its stakeholders and citizens to develop, maintain and enhance these capabilities?

7. Practical steps and recommendations

7.1 It is proposed that by 2016 energy sector stakeholders, citizens and civil society organisation will be engaged in the European Energy Dialogue, in the form of a coordinated multi-level conversation within and across all Member States. In keeping with the scope, scale and urgency of the issue the proposed energy stakeholder and public involvement process must be ambitious, well-resourced and effective; it should follow the tactical approach described in section 6. It needs to build confidence amongst participants and a reputation for open dialogue and the progressive resolution or acceptance of the numerous points of view that will be expressed. It should be: — pan-EU in the sense of converging and integrating at EU level; — national, in that it will be taking place across differing cultural and energy future landscapes; — multi-level within a country, integrating national, regional, metropolitan and local levels and recognising the vital role of citizen and consumer influence on policy; — action-oriented, with all participants asking themselves and each other "what steps can be taken to secure a better energy future?"

7.2 The EED is not a replacement for the debate that needs to be held within the institutions of representative democracy but an enhancement of that debate, mixing everyday knowledge, experience and understanding with technical and expert information. Here, participatory democracy acts as a necessary adjunct to representative democracy.

7.3 A three-year programme could be developed by the EESC responding to and combining with national initiatives, and eventually leading to an independent EED. This process will include: — Research - building on and extending existing research into public engagement and involvement and the underlying complex energy issues that need clarification for the citizen. — Development of alliances with all interested parties (Member States and rotating EU presidencies, civil society organisations, industry, trade unions, foundations, academic institutions etc.) to establish a firm resource base commensurate with the ambition of the programme. — A major launch event which will herald active pilot/demonstrator programmes in up to five Member States which will implement national dialogues, each starting with a national event in 2014. — Establishing links between the EED and the existing forums where possible and appropriate, including with the Energy Community (south-east Europe) and the Eastern Partnership. — A presentation and debate about the EED as part of the Citizens' Energy Forum in November 2013 and at other energy forums and events, as appropriate. — Oversight of the development of the dialogue by the EESC's Permanent Study Group, Towards a European Energy Community and the establishment of a representative steering group.

7.4 In structuring public dialogue, decision – support tools work well, especially in exploring "what if" questions and resulting trade-off options, risks and outcomes. Some specific tools include: Scenario building and modelling, participatory multi criteria analysis, virtual reality techniques (including 3D visualisation and geographic information systems [GIS] mapping), life cycle analysis and quantitative environmental assessment. Of these tools, scenario-building has proved to be the most accessible and interactive means to enable people to understand the scale of the challenge, explore and test their own preferred solutions, and translate these into practice - the EC Energy Roadmap 2050 used scenario-building as a way to better inform and involve people on policy options.

7.5 To move the energy debate from the margin to the mainstream, to have it discussed in cafes, clubs, kitchens and classrooms, will need more than sophisticated engagement techniques. Major exhibitions and events, the involvement of the scientific community and national media interest will also play their part. This will require professional planning and establishing the dialogue as a European "social brand" which will gain recognition and trust.

7.6 An energy futures dialogue will require clear, transparent and accountable governance processes. The organising body, which is envisaged as being independent of any existing stakeholder, institution or interest group, must be trusted by all participants, seen as reliable and authoritative, and based on an agreed set of social and ethical principles which reflect common values.

7.7 The EESC's role is formative. It will prepare the path by which the EED moves from theory to reality. Beginning with this current phase of initial planning and stakeholder dialogue, and then as part of the group involved in the crucial core start-up tasks the EESC will continue its support as the EED develops in its own right and act as a catalyst in mobilising the substantial resources which will be deployed.

7.8 Essential tasks which the EED will undertake are: — Establishing a common framework for energy dialogues. — Creating an overall European "social brand" for the dialogue and accompanying licensing and governance mechanisms. — Developing an agreed knowledge-based "library" on practical energy issues. — Hosting a forum for an open energy policy debate between Member States and at EU level. — Offering funding or essential support for national and regional initiatives. — Undertaking or commissioning research to fill knowledge gaps. — Compiling guidelines to existing or approaching energy issues which take into account societal, environmental, ethical and economic issues. — Collaborating with national and regional organisations. — Fostering a network of organisations within each Member State.

7.9 The EED can also be regarded as a practical, large-scale exercise in participative democracy, genuinely interfacing with representative democracy on a topic vital to everyone. Subsidiarity, implemented through a franchised or licensed framework, will be the organising principle, i.e. the EED will build on what exists and enhance it. In its establishment phase the EED will develop, through inclusive participation of citizens and stakeholders, agreed dialogue processes open to replication at national, regional and local level. In this way the resources, knowledge and skills of organisations of many types already active in energy issues can play a part. These would include, for example: municipal and regulatory authorities, energy companies, business in general, trades unions, NGOs and consumer organisations and EU institutions (European Commission, European Parliament, Committee of the Regions). The intention would be to provide a "negotiation space" in which implementation issues can be discussed against a background of societal impact and acceptance, investment and resource strategy and other policy considerations. This would involve the consistent presentation of objective information, and be a place where that information and citizens' own experience could explore what degree of convergence on the "framed" energy issues was possible.

7.10 A set of common principles for this dialogue is essential. The challenge is to translate a number of "universal" commitments which recognise and sustain the value of our shared humanity into something which can serve as a basis for policy and action on energy. Such commitments are already contained in the Treaty of European Union which confirms the attachment of Member States to fundamental human and social rights. This solidarity between nations and peoples, a founding principle of the EU, is one that is applicable, in ethical terms, at a global level, where any EU energy policy also has to be relevant.

7.11 The four ethical principles suggested by the EGE Energy Ethics Report (http://ec.europa.eu/bepa/european-group-ethics/publications/opinions/index_en.htm) – access to energy, sustainability, safety and security – clearly overlap with the three pillars of EU energy policy and will need exploring in depth. The EGE report also stresses that, "Participation is at the very core of social and political justice." affirming the approach of the Energy Roadmap 2050 – "Engaging the public is crucial" (point 3.4).

7.12 Developing a principled approach to public participation will be a necessary precursor to the launch of an energy dialogue and is seen as one of the tasks which the EESC can help organise. Five questions are tentatively offered as a contribution to this task: — How do we ensure that everyone, individuals and industry, can afford the energy they need? — Does our production and use of energy take account of the needs and impact on future generations? — Have we assessed and balanced all the short and medium term risks involved in energy production and use? — Are we certain that our energy supply is both stable and secure enough, given its essential role? — What can we do about these questions?

7.13 For energy sector markets to move beyond the short term, more certainty and effective cooperation is needed. "Business as usual" will not deliver sufficient change at the rate and scale required to achieve policy objectives - and citizen, energy sector, and government stakeholders will all need to play their part in transitioning to low-carbon economies. Here, the EED will provide a means of building confidence and trust, engaging citizens at the national level and then setting national energy policies within a broader EU perspective.