WORKSHOP ON ENERGY EFFICIENCY VOLUNTARY AGREEMENT IN INDUSTRY: INTERNATIONAL EXPERIENCES AND PRIMARY DESIGN FOR VIETNAM
HI THO THA THUN T NGUYN TIT KIM NNG LNG TRONG CNG NGHIP: KINH NGHIM QUC T V THIT K S B CHO VIT NAM
Ngy 06 thng 05 nm 2013 Khch sn Melia H ni Policy instruments: Voluntary Agreements The what & why of VA programmes on industrial energy efficiency Dian Phylipsen, international consultant 1st stakeholder conultation, June 5, 2013, Hanoi P Objective of the Presentation Explain what voluntary agreements are and how they work Outline the pros and cons of voluntary agreements compared to other policy instruments Indicate what is needed to develop and implement a voluntary agreement Voluntary negotiated agreements A spectrum of policy instruments, often distinguishing: Unilateral commitments: Unilateral statements and pledges by individual companies or associations to address a prominent policy issue or to demonstrate their general commitment to a goal Public voluntary schemes: Initiatives set up by governments, which define performance criteria and membership conditions, but where participation is voluntary. (e.g. national or international eco-labels) Voluntary or negotiated agreements: Formal contracts between industry and public bodies to address specific environmental problems. Participation in voluntary, but closed agreements may or may not be legally binding depending on national rules Participation vs target-setting Participation is by definition voluntary Though some countries diverge from this Target-setting, once entered into an agreement, can be unilateral, negotiated or imposed: Unilateral: company unilaterally decides what target to adopt, with little or no influence from government Negotiated: company and government negotiate the target the company will adopt Imposed: the government decides what target the company must adopt VA Advantages VAs over regulation Voluntary agreements: Can generally be introduced faster Involve lower administrative costs Offer greater flexibility in the choice of targets, and allow the inclusion of soft targets, which might result in additional savings Ensure greater co-operation by manufacturers, resulting in a proactive role in defining feasible and effective efficiency targets Advantages VAs over economic instruments Voluntary agreements: Require less public funding resources than subsidies, preferential loans, depreciation schemes, etc Less impact by freeriders that take money without additional effort Provide a stronger relation to the environmental outcome through the target, where this is more uncertain with economic instruments Choosing a policy instrument Choice of policy instrument depends on objective of the scheme! Voluntary or mandatory participation? Unilateral, negotiated or imposed targets? Standard or market-based? Targets & timetables or diagnostics, capacity building, facilitation? Pros and cons of types of policies Participation Voluntary: Higher buy-in from participants, stronger support from sectors Mandatory: Higher participation, larger coverage of energy/ emissions, increased level playing field among industry Targets Unilateral: Higher buy-in from partici- pants, feasible targets Negotiated: High buy-in participants, more commitment both sides, incentives by govern- ment Imposed: Simple process of target- setting, more influence government on target Pros and cons policies, contd Standards or market-based? Standards: More certainty on environmental outcome at plant level. Simpler to manage and participate in. Market-based system: Higher flexibility for participants, more cost- efficient, cheaper to meet target. More support from industry (compared to above) (energy/carbon tax) Targets & timetables More certainty about environmental outcome, progress to targets Broader participation Diagnostics, capacity building, facilitation High support from industry Can be first step, leading to other types of policies Industry arguments for joining Avoid energy/carbon tax Energy savings,cost reduction Long-term certainty about energy cost Voluntary action for the environent Avoid tougher (future) policy alternatives (regulation, taxation) Have more influence on policy direction, targets Important elements of a VA Participants, roles & responsibilities Who participates and who is responsible for what? Target-setting What kind of targets are used in the Vas, how are they established and who determines the target level? Incentives & sanctions What kind of support does the government offer to VA participants in return of participating in the VA and meeting the agreed targets? What happens if companies do not participate or do not meet their targets? Monitoring, Reporting, Verification, Compliance & Enforcement Is MRV required, and if so by whom? Are MRV rules prescribed, and is independent verificaiton required? Who carries out the oversight and determines non-compliance? What are the consequences of non-compliance? Agreement parties & roles Government Develops policy Establishes programme goals Determines main principles & rules Defines incentives & sanctions Finances programme imple- mentation and incentives Intermediary (energy agency) Administers programme Provides technical support Carries out enforcement Provides incentives and applies sanctions Sector association Negotiate sector target Motivate members Capacity building Provide technical support to members Companies Carry out energy audit Prepare & implement energy efficiency plan Meet agreed target Monitor perfor- mance Steps in VA development Sectoral vs company targets If both sector targets and company targets are adopted, how do they relate to each other? Under joint liability agreements, all companies in affected sectors are penalised if environmental objectives are not met Individual liability agreements impose sanctions against individual non-compliers. In practice, many agreements employ both Sectoral targets can: Serve as guidance for company targets, without compliance & enforcement Act as stand-alone targets, in addition to company targets, with its own compliance & enforcement For further information: Dian Phylipsen Phylipsen Climate Change Consulting Phone: +31 6 55 80 46 19 E-mail: D.Phylipsen@PhylipsenConsulting.com Senior Associate SQ Consult www.SQConsult.com D.Phylipsen@SQConsult.com P Phylipsen Climate Change Consulting Lessons learned on Voluntary Agreements International experiences with VA programmes on industrial energy efficiency Dian Phylipsen, international consultant 1st stakeholder conultation, June 5, 2013, Hanoi P Objective of the review (Task 1) Identify lessons learned from international experiences with voluntary agreements (VAs) on industrial energy efficiency Developed countries (update from earlier work) Developing countries: China, South Korea, Indonesia Develop a conceptual design for a voluntary agreement programme in Vietnam -> later Overview of the presentation Countries and programmes analysed Focal areas in the analysis Overview of programmes Dutch voluntary agreements Short overview of developed countries experience Selected developing countries experience Lessons learned for a VA programme in Vietnam Countries & programmes analysed 1. Dutch covenants Long Term Agreements (LTAs): 1989-2020 Benchmarking Agreement (BM): 2000-2012 2. Covered in LTA Uptake project and 2010 report: Netherlands, UK, Denmark, Sweden, Finland, Norway, Belgium 3. Newly added countries Germany, France, Ireland, Switzerland, Australia, Canada, New Zealand, Japan China, South Korea, Indonesia Focal areas 1. Roles and responsibilities of parties involved 2. Target-setting 3. Monitoring, reporting, verification, compliance, enforcement (MRVCE) 4. Incentives and sanctions Participation Target achievement Early experiences with VAs Long-TermAgreements and the Benchmarking Agreement in the Netherlands Voluntary agreements timeline NL 1992 (VA period: 89-00) Long-Term Agreement on Energy Efficiency (LTA) 2000 (VA period: 00-12) 2nd generation LTA (LTA-2) energy use <0.5PJ/yr Benchmarking agreement (BM) - > 0.5 PJ/yr 2005 (trading periods: 05-07, 08-12, 13-20) EU Emissions Trading System (EU ETS) 2007 (VA period: 05-20): 3rd generation LTA (LTA-3) 2012 (VA period: Long-term agreement for Energy-intensive ETS companies (LEE) Netherlands: LTA-1 Target: ~20% efficiency improvement in 2000 compared to 89; 29 agreements, 1000 companies, 90% of industrial energy use (including energy companies) Reasons for involvement: Have more influence on policy direction, targets Avoid tougher policy alternatives (regulation, taxation) Participants: Companies, sector associations Ministry of Economic Affairs: target-setting, incentives; Energy agency (intermediary): implementation, oversight, enforcement Netherlands: LTA-1 Targets set only at sectoral level Companies obligations: Establishing and implementing Energy Efficiency Plan (EEP) Monitoring & reporting Incentives: Energy tax deduction Subsidies for energy audits Early depreciation energy efficient equipment No alternative legislation Successful? Targets were more then met (22.3%!) Energy consumption increased! Netherlands: LTA-2/3 For companies with energy use <0.5 PJ/yr Targets set at sector AND company level; Expansion to other themes: Energy savings in entire production chain + renewables (LTA2); + material efficiency (LTA3) 34 agreements, 906 companies Company obligations: establish EEP, implement energy management system, implement profitable measures, monitor results LTA2: Achieved: 19% between 1998 and 2005 Target LTA3: 30% improvement between 2005-2020 Of which 20% within plant borders, 10% outside Netherlands: Benchmarking agreement For companies with energy use >0.5 PJ/yr Targets set at company or plant level To be among the 10% most efficient plants in the world (by sector/product category) 6 power companies (100% of energy use), 97 industrial companies (94%) Company obligations: establish top-of-the world, meet target, monitor results Achieved: 0.8%/yr efficiency improvement (LTA achieved 1.5%/yr) An overview Summarising developed country experiences VA Features NL NO SE BE (Wl) FI DK UK IR Voluntary nature X X X X X X X X Defined timeframe (long-term) X X X X X X X X Negotiated between participant representatives and authorities X X X X X Sector reference energy consumption defined X X X X X X Target for energy reduction defined X X X X X Depends on sector Target for CO 2 reduction defined X Depends on sector Commitments for the authorities to support target achievement X X X X X X X Commitments for agreement participants X X X X X X X X 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Industrial energy use coverage (%) Reasons for joining the VA NL NO SE BE Wl BE Fl FI DK UK IE Energy or CO2 tax exemption X (large) X X X X X X Avoid future taxation X X X Avoid regulation X X Long-term guarantee on energy cost X Cost reduction / energy saving X X X X X X Voluntary action for environment X X Commitments Financial incentives Selected developing countries Experiences in China, South Korea and Indonesia China: Top-1000 programme VA pilot carried out in the steel sector in Shandong province with aimfor national roll-out (00-03) Participants: Shandong Economic and Trade Commission (ETC), the State Economic and Trade Commission (SETC), the China Energy Conservation Association (CECA), selected steel companies in Shandong Targets set for 2005, based on 2002 base year Activities carried out: Assessment of current EE performance, identification of improvement potentials and costs, developing capacity building on these topcis, as well as MRV and VAs as a policy instrument, provision of tools Conclusion: Chinese companies would only sign a voluntary agreement if ordered to do so by government China: Top-1000 programme contd As part of 11 th FYP, mandatory energy savings agreements were made between national government and the Top-1000 energy-consuming enterprises (later rolled out at provincial level) Enterprise energy savings targets for 2006-2010 set by NDRC based on sectors allotted contribution to the FYP energy savins target, taking into account general technology level in enterprise, if known Results: Programme goal was 100 Mtce (2.9 EJ), achieved: 150 Mtce Conclusion: Target was not sufficiently ambitious (not based on estimate of savings potential) Government role & responsibilities National government: Established guiding principles and goals of the program Published a list of the Top-1000 enterprises by name National Bureau of Statistics (NBS): Established information system for Top-1000 enterprises Organized training on data collection and reporting ; and Tracked, collected and reviewed data submitted by the enterprises Analyzed the progress of the program Government role & responsibilities Energy saving authorities of the province, district, or city: Collaborated with related organizations to lead and implement the Top-1000 program Tracked, supervised, and managed energy-saving activities of enterprises Local authorities: Oversaw enterprises in their energy management, energy auditing, and energy reporting requirements Monitored enterprises through audits and sampling Promoted use of new mechanisms such as target-setting agreements Encouraged enterprises to meet energy saving targets and attain international advanced levels ahead of schedule Enterprise role & responsibilities Meet energy savings target laid down in agreement Establish a sound energy measuring and statistical system Regularly submit energy utilization status reports information on energy consumption, energy efficiency, cost- effectiveness of energy savings, energy-efficiency measures Conduct energy audits following the Chinese energy auditing standard to Analyze existing situation, identify key issues and potentials, provide feasible and practical energy-saving measures Submit initial energy audit reports to provincial govern- ments for review Develop energy conservation plans based on energy audits and formulate energy conservation plans annually Incentives & sanctions Financial incentives available under Ten Key Projects programme] If monitoring system and can prove savings > 10ktce: 200 RMB/tce saved per year($29) for enterprises in East China to 250 RMB/tce.yr ($36) in poorer regions (Mid/West China) If targets are not met Regions and enterprises do not receive annual rewards/honorary titles Leaders in state-owned enterprises do not receive annual evaluation awards Officials would not be promoted For non-compliant enterprises a notice of criticism is circulated, approval of energy-intensive projects or additional industrial land use may be suspended, no favorable exemption policies will be applied. For non-compliant state-owned enterprise, its leader does not receive any type of awards, no matter how well the enterprise is doing in other aspects. MRVCE Annual reporting to National Bureau of Statistics and provincial energy conservation centers (ECCs) Verification by provincial ECCs, with on-site spot checks by ERI Provincial ECCs provide provincial report to provincial authority and NDRC Identified weaknesses: No independent third party verification No structural publication of results No clear correlation between reported results, evaluation and policy revision South Korea: evolving programmes Voluntary Agreement Programme for Energy Savings and GHG Reductions: 1998 Companies with energy use > 5000 toe/yr as of 2004: energy use >2000 toe/yr 15 companies in 1998 increasing to 1300 in 2009 Managed by KEMCO Emissions Target Management Scheme: 2012 Managed by sector ministries, more stringent emissions: facilities > 25kt/yr; companies > 125kt/yr 570 companies Transition to Emissions Trading System: 2015 490 companies, 68% of national emissions Participation and target-setting Voluntary Agreement: Voluntary participation Target: recommended >5% energy savings over 5 years, compared to year before agreement (based on sector targets set in legislation) Proposed by company, limited influence KEMCO Emissions Target Management Scheme: Mandatory participation Target negotiated with sector ministry, based on sectoral target, reflecting specific circumstances Emission Trading System: Mandatory participation Targets still to be set by Ministry C Government roles & responsibilities Government: Provides support in the form of funds and tax incentives Performs monitoring and evaluation to achieve the goals in collaboration with businesses KEMCO (in VA): Evaluation of implementation plan submitted by the business (makes suggestions, provides support, but will not demand changes on the basis of evaluation results. Providing technical support for target setting, formulation of implementation plan, consultation on technologies Evaluation of business reports on annual achievements Selection of excellent business places (rewards) Company roles & responsibilities Voluntary Agreement: Conclude a 5-target agreement with local government Present energy saving/GHG emission reduction goals, implementation schedules, implementation methods, etc. Submits implementation plan to KEMCO, incl current status of business, recent record of saving, plans for next 5 years, energy saving systems, etc. Achieve proposed goals Submit recorded achievement to KEMCO on annual basis via a business report (no verification required) Emissions Target Management System: Similar activities, but target agreement, implementation plan and reporting are submitted to the relevant ministry and are to be verified. Incentives & sanctions Voluntary Agreement: Low-interest loans and tax incentives Technical support by KEMCO, media support Reduction of administrative burden (less energy audits required, exemption other environmental obligations) Award of Excellent business status to best performers Loss of access to support on non-compliance Emissions Target Management System/ETS: Financial support for businesses vulnerable to competitive disadvantage Financial incentives and tax credits for green technologies Financial penalty on non-compliance (ETS) MRVCE Voluntary Agreement: Annual reporting to KEMCO No prescribed monitoring protocols No verification required No sanctions on non-compliance Emissions Target Management System/ETS: Annual reporting to sector ministry Using prescribed methodologies according to international standards (mainly EU ETS) Verification required according to international standars Financial penalty on non-compliance (ETS) Indonesia: Cement emission reduction scheme AFD-funded project: Data gathering at plant level (energy, production, emissions, technology) Assessment of emission mitigation potential and cost at sector- and installation-level Capcity building on MRV Target-setting, based on potential and cost data, different scenarions, different ambition levels Stakeholder consultations Drafting regulation Discussion of incentives Roadmap for further development, including capacity building Example target-setting scenarios Current emission intensity, differentiated intermediate targets (2020), and final target (2030) for different existing plants C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 600 700 800 900 1000 1100 2005 2010 2015 2020 2025 2030 2035 Year C O 2
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c e m e n t ] 1059 724 680 847 635 (level 3) 514 (level 5) 772 (level 1) Range Current emission intensity, differentiated intermediate targets (2020), and final target (2030) for different existing plants C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 600 700 800 900 1000 1100 2005 2010 2015 2020 2025 2030 2035 Year C O 2
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c e m e n t ] 1059 724 680 847 635 (level 3) 514 (level 5) 772 (level 1) Range Marginal abatement cost curve Follow-up: Sectoral roadmap In 2010, BAPPENAS (the Indonesian National Planning Agency) published the International Climate Change Sector Roadmap for the industry sector Identifies cement sector as priority sector Recommended negotiating a Climate Change Cooperative Agreement for cement sector for 2010 2014, modelled on UK or Dutch VAs (LTAs). Agreements must contain target-setting process, benchmarking, energy audits, energy savings action plans, the appointment of energy managers at each facility, information and training workshops, measuring and monitoring progress towards targets, annual reporting, program evaluation and incentives and supporting policies, such as a CO2 tax rebate as a reward for meeting emission reduction targets. Follow-up: regulation sets targets Ministerial regulation adopted in 2012 by Ministry of Industry Sets targets for emission intensity: Voluntary: 2% reduction of CO2/t cement by 2015 Mandatory: 3% reduction of CO2/t by 2020 Likely not based on assessments in AFD project, but on earlier documentations (no analytical basis) Progress by companies absent, as implementation of regulation and MRVCE system is lagging Cement sector is also a pilot sector in Indonesias Market Readiness Proposal under the World Banks Programme for Market Readiness Government roles & responsibilities Responsibility of Ministry of Industry as per regulation: Capacity building for emissions reduction activities Implementation of Environmental & Energy Management Development of technical guidelines and procedures to calculate emissions intensity Development of incentive mechanisms for emissions reduction activities Formulation and harmonization of related policies Development of MRV system in cement industry Socialization of related policies Implementation of MRV system Company roles & responsibilities Other than reducing emissions to meet their target, enterprise obligations are as yet unclear Regulation mentions obligation to implement energy management systems (in place since 06 in energy conservation regulation from Min of Energy & Mineral Resources) All facilities with energy use >6000 toe/yr have the obligation to implement energy management Companies must appoint an energy manager, conduct energy audits and implement recommendations from the audits Implementation of MERM regulation has not yet reached full scale, supporting mechanisms are needed. Lessons learned Input to the development of the Vietnamese VA programme Important: Means must match end! Indicators must match policy objectives and drivers Monitoring must match objectives and drivers Lesson learned Lessons learned: 7 golden rules A good negotiation position of the government; Clear and quantified targets; Clear timetables; Long lasting government support; For large energy intensive companies; Physical energy efficiency monitoring; Clear monitoring guidelines; Independent verification. Lessons learned: a summary Initiating a VA is easier when there is good co-operation between authorities and industry The VA programme needs effective carrots and sticks, a defined long-term timeline and adequate transparency. Goals should be challenging but not discouraging, while the monitoring procedure should be reliable and guarantee confidentiality. Major risk is definition of targets that are not demanding/little more than Business-as- Usual (BaU) developments. Happens especially if: Targets are not negotiated There is insufficient information to establish saving potential/cost Government is unduly biased towards industry arguments An open negotiation process, where other stakeholders are invited to comment on the target, avoids the conclusion of closed deals cut between the public authority and industry, which may endorse little more than the BAU. In developing countries, also the negotiation position of industry deserves attention, as both the availability of sufficient information, data and technical expertise and the power position vis--vis government may be limiting factors in successful, balanced negotiations. Lessons learned: VA development Lessons learned: more insights Best design of VA programme depends on country circumstances and culture VA programmes evolve over time: Increasing mandatory character, more stringent enforcement systems or stronger incentives Voluntary -> mandatory -> emissions trading Reflecting picking of low-hanging fruits in early phases, need for more stringent approaches to drive further improvements later on Lagging implementation measures can seriously limit the effectiveness of the VA programme For further information: Dian Phylipsen Phylipsen Climate Change Consulting Phone Mobile E-mail: D.Phylipsen@PhylipsenConsulting.com Senior Associate SQ Consult www.SQConsult.com P Phylipsen Climate Change Consulting Draft design VA programme for Vietnam Conceptual design and preliminary elaboration of programme design Dian Phylipsen, international consultant 1st stakeholder conultation, June 5, 2013, Hanoi P Objective of the Presentation Outline the conceptual design of the VA programme for Viet Nam Present the assumptions used in the preliminary elaboration of a draft design programme Present the preliminary design of the programme based on these assumptions Obtain stakeholder feedback to draft design First significant input from stakeholders, important for revision of draft design in next steps Outline of the Presentation Main elements of the conceptual design Outstanding questions Steps in VA development piloting & roll-out Assumptions for elaborating a preliminary draft design programme First opportunity to respond More detailed presentation of draft design Further opportunity to respond Conceptual design VA programme A voluntary agreement, i.e. participation is voluntary Targets negotiated between governments and candidate sectors/companies Covering energy-intensive industrial sectors Target-setting based on assessment of energy efficiency improvement potentials and costs Target-setting (and monitoring of progress to target) based on physical and quantifiable measures Long-term time horizon, predefined timing evaluation, revision, renewal Government incentives to support companies in fulfilling their obligations Uniform and transparent monitoring & reporting rules to be set upfront by government Regular reporting of monitoring results & progress to targets to oversight organisation Application of sanctions on miss-reporting and non-compliance to be applied by the oversight organisation, with predefined criteria for non-compliance Outstanding questions (report 1) Intermediary (government) organisation Will (over time) an intermediary organisation be established to carry out implementation & compliance tasks on the government side or will all government tasks be carried out by MOIT, also on the long run? Role for local governments Is a role foreseen for local governments in either providing support or carrying out oversight, or will this be organised fully at the national level? Role for sector associations Will sector associations be a party to the agreement, and if so will they have a facilitating/supporting role or will there also be a sectoral target in the agreements? Policy objective What are the broader aims behind the VA programme on industrial energy efficiency and what are the consequences for the type of target to be defined (absolute, relative, based on projections, defined in technical or economic terms). Outstanding questions contd Time horizon for the agreements and targets Would a 10-year agreement period, with an interim target after 5 years be feasible? Would participants have to be in compliance every year, or can this be assessed over multiple years? Feasibility of different types of incentives Are there economic or political reasons that limit the use of energy taxes as an incentive for participation and compliance? Are there other limitations to incentives (cultural, budgetary, legal, capacity, etc)? Compliance culture What consequences does the compliance culture in Vietnam have for the design of the VA programme, in terms of incentives for participation and compliance and sanctions and in terms of how to organise the oversight and enforcement? Steps in VA development Piloting and roll-out Revision 0. Prepa- ration 1. Initi- ation 2. Nego- tiation 3. Imple- mentation 4. Evalu- ation Selection pilot sectors Assessment improvement potentials pilot sectors Development financial incentives Development energy service sector capacity Design VA programme & implementation guidelines Selection of pilot companies Establishment of incentives & sanctions Establishment of MRV and compliance system Negotiations with pilot companies Implementation in pilot companies Monitoring performance in pilot companies Evaluation of VA programme effectiveness in pilot companies Decision-making on roll- out & necessary revisions Pilot phase Revision 0. Prepa- ration 1. Initi- ation 2. Nego- tiation 3. Imple- mentation 4. Evalu- ation Revision of programme design Assessment improvement potentials other sectors Negotiations with roll-out companies Implementation in roll-out companies Monitoring performance in all companies Regular evaluations programme effectiveness Decision-making on renewal/revisions Roll-out phase Assumptions for draft design (report 2) Intermediary (government) organisation MOIT will be responsible for policy development & strategic decision-making. In the Pilot phase, MOIT will also be responsible for implementation & compliance tasks on the government side, while capacity building will take place with an intermediary organisation that can take over such role in a later stage. Role for local governments Local governments can provide support to companies within their region. Oversight, however, will be centralised to ensure equal treatment across different regions. At a later stage, it can be considered to devolve oversight responsibilities to the regions, if sufficient safeguards can be put in place for the equal treatment. Role for sector associations Both sector associations and individual companies can be a party to the agreement, and sectoral targets will be established in case sufficient companies from within a sector join the VA. If a sector association does not participate, companies can sign individual agreements. In addition, sector organisations will have a facilitating/ supporting role in the agreement programme. Assumptions for draft design contd Policy objective The policy objective is assumed to be to increase energy efficiency, without limiting growth opportunities for industry. Therefore, the target is defined in terms of annual energy efficiency improvement rates compared to a historic base year, defined in physical units and including both fuel and electricity consumption for a more system-optimal measurement of energy efficiency. Time horizon for the agreements and targets Agreements will be closed for a 10-year period, with an interim target after 5 years be feasible. For the initial years a company is participating, more frequent evaluations will take place. Compliance will be assessed on an annual basis, with some (limited) flexibility across years. Feasibility of different types of incentives No specific limitations on the type of incentives are assumed, though the importance of a balanced set of incentives as well as the notion of general budget limitations will be taken into account. Compliance culture It is assumed that both strong incentives and strong enforcement will be needed to ensure sufficient participation in the VA programme and compliance with the agreed targets. In this context, also potential provisions for increasing the binding character of the agreement will be developed Draft VA Programme Design Preliminary elaboration based on pre-consultation assumptions P Based on assumptions as laid out in draft report 2, i.e. before feedback from stakeholders could be obtained. Input received during this workshop and other meetings during this mission will be taken on board in the revision of report 2. Structure of discussion Organised under 4 headings: Roles and responsibilities Target-setting Monitoring, reporting, verification, compliance and enforcement (MRVCE) Incentives & Sanctions For each: Defining elements Preliminary choices/recommendations Roles & responsibilities - elements Elements of scope of participation who? Government entities vs industry entities Sector associations vs companies Companies vs sites or installations Eligible sectors Size and minimum participation threshold Other State-owned vs private companies ? Government roles & responsibilities Role MOIT as per Law on Energy Efficiency & Conservation: Issuing legislative documents, strategies, policies, programs, national plans on energy efficiency & conservation, organizing the implementation Coordinating with Ministries, ministerial-level agencies, Peoples Committees at provincial level for State management on energy efficiency & conservation Organising national energy database system Disseminating legal regulations on energy efficiency & conservation Organising scientific research, technology transfer and application in the field of energy efficiency & conservation Inspecting, monitoring and handling of complaints and resolving violations in energy efficiency & conservation activities in accordance with the law Government roles & responsibilities Recommended role MOIT in the VA programme (continuously): Setting goals and objectives for the agreement programme Developing the institutional capacity of sector associations, the intermediary and/or independent experts (and ensuring sufficient financial support) Deciding on the design of the VA programme Developing incentives to support participants in reaching their objectives, ensuring sufficient resources and adopting the required legal framework Developing and implementing a compliance and enforcement regime, (including data management rules to ensure confidentiality and protect commercially sensitive data) Government roles & responsibilities Recommended role MOIT in the VA programme (contd): Ensuring consistency with other policy objectives and legislation, and where needed, liaise with other ministries to address inconsistencies Determining timeline and frequency for the evaluation of the programmes effectiveness, the responsible organisation and the evaluation methodology Proposing revisions to the agreement programme on the basis of frequent evaluations Communicating to other key players and the general public the relevance and advantages of negotiated agreements as an energy policy instrument, its goals and periodic results. Government roles & responsibilities Recommended role intermediary in the VA programme (done by MOIT in pilot phase): Providing guidance, training and support to participants, as well as concrete tools e.g. for carrying out energy scans, auditing, energy management, benchmarking, energy efficiency planning, etc. Data collection, processing and management Validating individual participants deliverables & progress reports Running the programmes compliance and enforcement system Monitoring participants progress to target and evaluating and reporting on the programmes effectiveness to other key players Promoting the agreement scheme to new interested companies or sectors. If it is decided that no intermediary is set up to carry out these tasks in the roll-out phase, MOIT will continue to carry out this tasks, also on the longer term. Feedback? In case it is decided that the People Committees will have a stronger role, it needs to be ensured that sufficient capacity is available at the local level to carry out the associated responsibilities and that the treatment of participants is consistent across different regions. Feedback? Industry roles & responsibilities Foreseen role associations and companies in VA programme: Sector associations coordinate the sectoral effort by proposing or negotiating a sectoral target, setting the overall ambition level for the sectors participants. In addition, they play a facilitating role in mobilising the sector and providing technical support Individual companies take on individual targets to meet under the agreement Recommended status of sectoral vs company targets: Targets will be set at both levels Sector target will be to provide direction for companies in their target- setting negotiations Compliance with company targets will be the focus of the incentives provided by government and the enforcement activities Industry roles & responsibilities Recommended role sector associations in the VA programme: Encouraging their members to join the agreement Guiding and training participants in wide scope of agreement subjects Proposing sector agreement goals and participating in the negotiations with the government on target-setting and incentives Motivating and supporting members in actively fulfilling their agreement obligations Actively inform members about development & implementation of the VA programme Defining annual sector reporting and data collection Participating in development and demonstration projects Participating in further development & modification of the VA programme Industry roles & responsibilities Recommended role companiess in the VA programme: Carrying out an energy audit to support the target-setting process Setting up an energy management and reporting system Training corporate staff in energy management issues Defining energy efficiency targets Drawing up & implementing an energy conservation plan Taking energy issues into account when purchasing new equipment/systems Implementing profitable energy-saving measures Monitoring & reporting energy use & energy-saving improvements annually Reporting improvements and/or difficulties faced by the company annually Participating in pilot projects In case it is deemed important that also the sectoral targets are complied with, provisions will be needed to attribute (part of) the sectoral non-compliance to the individual companies from that sector participating in the VA programme. Feedback? Company vs site targets Recommended in the VA programme: Agreement parties can be defined as companies, or as individual sites or installations, in which case a company with multiple sites would have multiple targets. Propsed to have targets set at the individual site level, but with the flexibility for multi-site companies to reach their total energy efficiency target across their sites. Monitoring will be done at the individual site level Reporting on progress to target will take place both at the site level and the company level. Both target-setting and monitoring methodologies need to be able to accommodate differences between companies and sites in (portfolios of) products Size and minimum threshold No principle reason for excluding small installations Often done to reduce the complexity of the scheme and to reduce transaction costs for both government and industry, without significant impact on the overall energy savings that can be reached Minimum thresholds can be defined in terms of annual energy consumption, in production capacity or annual emissions Recommended in the VA programme: No minimum participation threshold is established for the Vietnamese VA programme as no information is available on the size distribution in the relevant sectors in Vietnam or how improvement potentials and compliance costs vary with size. If subsequent steps indicate that the cost/benefit ratio for including small installations is problematic, minimum thresholds can be developed at that stage. In that case, care must be taken to avoid distortions of competitiveness resulting from VAs only covering a part of the sector. Feedback? Other elements Eligible sectors In principle, all sectors could participate in the VA programme Subject to the possibility of defining transparent & robust methodologies for target-setting and monitoring progress to targets For reasons of simplicity, it is recommended that the VA programme starts with the more energy-intensive and concentrated sectors (limited number of large players), with the possibility to expand to other sectors later State-owned versus private companies, national/international companies No distinction should be made between state-owned enterprises and private companies, or between national and international companies in terms of participation Organisational set-up of the VA programme and its rules must make sure no undue advantages or disadvantages arise for any sub-set of participants (including issues of data access and confidentiality) Target-setting - elements Definition of type of target Definition of baseline Definition of sysem boundaries Time horizon, interim target, flexibility Company targets vs site targets, pooling Correction factors Supporting obligations Establishment of ambition level Negotiation parties Negotiation basis Type of target An energy efficiency improvement target or an energy savings target? Defined as a change compared to a baseline (either historic or projected) or as a target level to be reached (e.g. a benchmark energy efficiency level)? Defined in relative terms (%) or absolute terms (GJ to be reduced)? Defined in terms of final energy consumption or primary energy consumption (also accounting for conversion losses)? Recommended: A relative energy efficiency target, allowing for industrial growth To avoid sub-optimal developments in energy supply, the target should be defined in terms of primary energy consumption Baseline Target compared to a: Historical baseline Compared to energy use or emissions in a historic reference year or reference period Projected future baseline Compared to projected energy use or emissions in a future year or period on the basis of a scenario (often expressed as a (%) change compared to a business-as-usual (BaU) scenario) Recommended: Target is defined compared to a historic base year (s) Using an approach that allows for a growth in production System boundaries Sector boundaries Installation or site boundaries Process boundaries Chain boundaries Energy carrier boundaries Recommended: Target includes both core process and utilities, leaving the choice of measures to implement to reach the target to participants. Start with a narrow focus, i.e. on-site energy efficiency improvement only, though looking at the consumption of primary energy carriers to take into account the conversion losses in the production of purchased energy carriers Time horizon, interim targets & flexibility Do participants only need to achieve the target defined for the end of the agreement or are interim targets imposed? Interim targets allow earlier identification of a lack of progress and an earlier intervention to strengthen the participants efforts Do the same sanctions apply when interim targets are missed as when the final target is not met? Recommended: Establish interim targets, especially in the beginning of the process, to allow for lessons learned at an early redirection A 10-year target period (duration of an individual agreement), which a 2- yr and a 5-yr intermediate target All targets subject to sanctions on non-compliance, but softer sanctions on non-compliance with interim targets Flexibility provision allows target achievement with a year (under certain conditions) Correction factors A number of situations can be agreed where missing the target is not held against the participant, i.e. are considered force majeure Specific correction factors could be allowed to account for negative impact of certain situations on energy efficiency that are outside the participants control Examples could be: The exclusion of prolonged periods of down-time or start- up during which efficiency is lower than usual The implementation of environmental protection measures required by law that increases energy consumption Ambition level This is a political choice, the outcome of the negotiating process Informed by the assessment of the energy efficiency improvement potential at the sector level; and the individual participant level Ambition level cannot be set without information about the incentives available to the participants Negotiations on individual VAs are based on the assessment of energy efficiency improvement potentials at the individual participant level. A simpler option is when target-setting and negotiations are only based on the sector-level assessment of potentials and costs, or an intermediary approach, starting with the sector potential, with some adjustments o reflect site specifics This is simpler, quicker and cheaper, but differences between companies are not/only limitedly reflected and efficient and inefficient companies are treated the same. Feedback? Proposed target definition Energy Efficiency Index (EEI) The energy consumption in the year in question to produce the total output in that year, divided by the energy consumption that would have resulted had the same production been made with the energy efficiency in the reference (base) year. Structural changes during the target period are separated from energy efficiency changes. Corrections that are allowed include: Changes in energy consumption due to change in manufactured or purchased intermediary materials Changes in energy consumption resulting from more stringent product specifications Energy to meet more stringent environment, safety or health requirements Proposed target definition The EEI is calculated as followed: EEIx= (Ex- corr) * 100 (Vx * (E0/V0)) In which: EEIx = the Energy Efficiency Index in year x E0 = Energy consumption in the base year Ex = Energy consumption in year x V0 = Production volume in the base year Vx = Production volume in year x corr = Corrections, correcting actual energy consumption for the factors allowed Proposed target definition Simpler targets can also be defined, e.g. a percentage reduction in total energy consumption, or a % reduction per tonne of product. This would be easier to establish and monitor. However, its simplicity also means that what is being measured is not really (changes in) energy efficiency, but the result of a number of different drivers of energy consumption: production volume, product mix and quality, energy efficiency and other factors. As such, it would be very difficult to assess whether participants have really improved their energy efficiency in line with their commitments, or whether energy savings result from other developments. Feedback? It is recommended to include supporting obligations in the agree- ment in addition to the quantitative target in order to motivate participants into concrete actions and to provide guidance on what measures could contribute to reaching the target: The commitment to implement profitable measures identified in the energy audit or the energy conservation plan The commitment to phase out inefficient or outdated technology Feedback? MRVCE- elements Elements of scope of participation Prescription of what needs to be monitored, how, how often and by whom Prescription of what needs to be reported, how often, by whom and how Prescription of whether independent third party verification is required, and if so, by whom, how Establishment of the compliance and enforcement regime MRVCE- guidelines Detailed rules and guidelines needed for: Detailed guidelines on the system boundaries and definitions for target-setting Detailed requirements that energy audits and energy conservation plans must meet Detailed methodology for monitoring & reporting, incl templates Detailed methodology on how to measure progress to target, including potential correction factors allowed Detailed methodology on how to pool efforts and targets across sites for multi-site companies Detailed guidelines on when and how to allow flexibility in meeting interim targets Incentives & sanctions - elements Incentives Technical support Financial support Administrative support Awareness raising and public recognition Sanctions could include: Loss of access to positive incentives Financial penalties Naming and shaming Incentives & sanctions have a crucial role in a successful VA programme and a balanced set of sticks and carrots is very important. Incentives & sanctions Until the work within the CPEE project on solutions to facilitate the financing of energy efficiency investments has been completed, the recommendations on (financial) incentives and sanctions to be provided can only be made here in generic terms Incentives & sanctions For all incentives and sanctions it is very important that: They are sufficiently strong to motivate participants both to join the agreement and to achieve the agreed targets Sufficient early clarity exists about their nature and level at the start of discussions with candidate participants to inform their decision-making about joining the agreement and the negotiations with the government about the target Sufficient insurance is provided to participants about the continuity of the incentives and sanctions and sufficient time periods will be allowed in case of any significant changes during the agreement period Incentives & sanctions Recommended Technical support on identifying improvement options and the calculation of their potentials and costs, the development of energy management systems and the training of staff, the development of energy conservation plans, the implementation of monitoring systems, the preparation of monitoring reports Subsidies for energy audits, development of energy conservation plans Subsidies for institutional development Tax exemptions or tax reduction, e.g. on corporate income tax and import/export tax as mentioned in the Law on Energy Efficiency and Conservation, or on new taxes introduced especially in relation to the VA programme Incentives & sanctions Recommended Early depreciation options and/or soft loans for investment in energy efficiency measures Administrative support in permitting and reducing duplicate reporting requirements The threat of imposing other more stringent regulation instead of the VA programme Preferential treatment in public procurement Public recognition of good performance and naming & shaming of laggards Loss of access to incentives available under the VA programme and the Law on Energy Efficiency and Conservation For further information: Dian Phylipsen Phylipsen Climate Change Consulting Phone: +31 6 55 80 46 19 E-mail: D.Phylipsen@PhylipsenConsulting.com Senior Associate SQ Consult www.SQConsult.com D.Phylipsen@SQConsult.com P Phylipsen Climate Change Consulting