1. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law/ Maritime Institute Comparative Study of Energy Agencies, Renewable Energy and Climate Change: International, European Union and Turkey A.Sacid Örengül/PhD Researcher Gent University Law Faculty/Maritime Institute

2. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law /Maritime Institute h Contents I. Background Information II. Roles of Energy Agencies in Renewable Energy and Climate Change III. Challenges of Agencies in Promotion and Use of Renewable Energy IV. Recommendations

3. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law/ Maritime Institute Background Information Undoubted link between Climate Change and Renewable Energy (RE) Several factors leading to emphasis on RE: Environmental concerns (IPCC Report 2007, Stern Review 2006) Sustainable Development ( UN Millennium Development Goals, Brundland Commission Report 1987) Increasing energy demand-volatile energy prices (IEA World Outlook) Security of energy supply concerns

4. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law / Maritime Institute (Why) Energy Agencies -Part of governmental structure/executive branch, regulatory authority and independent in its exercise of functions -Long-term policy and planning, task-oriented approach with scientific and technical expertise -Present institutional structure of the world governance system

5. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law/ Maritime Institute Roles of Energy Agencies in Renewable Energy and Climate Change Main Actors at three levels International Renewable Energy Agency (Irena) Agency for Cooperation of Energy Regulators (Acer) Energy Market Regulatory Authority (Emra)

6. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law/ Maritime Institute International Level: International Renewable Energy Agency (Irena), established January 2009, 149 member states but non-members include Russia, Canada, China, Brazil, Saudi Arabia, Venezuela Irena has limited focus related to climate change International Energy Agency, also has a limited focus on RE and climate change issues but in a more comprehensive manner (form), however, only 28 OECD members are the parties of IEA and its main focus is still on fossil fuels Other organizations and initiatives, includes several UN departments and non-governmental organizations.

7. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law/ Maritime Institute European Union level -Agency for Cooperation of Energy Regulators (Acer) -Established in July 2009 by Regulation, still in transposition period -Special role with national energy regulators in member states -Key role/monitoring EU internal energy market -Advisory role, guidelines and binding decisions -Indirect competence on renewables - EU has a leading role in renewable energy and climate change policies, with an integrated approach in climate change package but no direct competence given to Acer.

8. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law/ Maritime Institute National Level (Turkey) -Energy Market Regulatory Authority (Emra), established in 2001 by law, -Main authority in regulation of energy market, fiscal and administrative autonomy -Emra has special competence on renewable energy -However, the Ministry of Energy and Natural Resources (MENR) is the main policy-maker and actor -Ministry of Environment (ME) has competence in climate change issues, however, a special body established under ME in which several ministries is taking part including MENR but not Emra

9. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law/ Maritime Institute Short Analysis of Energy Agencies Irena has a direct focus towards RE taking into consideration climate change problem but the role of Irena is very general as it is recently established and the link between climate change and RE is very limited. Whereas, Acer has limited focus to RE and no direct link with climate change problem. Although Emra’s statute is still controversial, it has most mandate related to RE but without no direct link to climate change problem.

10. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law/ Maritime Institute Challenges of Agencies in Promotion of Renewables 1 -Soft law characteristic of international law A barrier or a vehicle to comprimise -Balancing competing policy objectives Security supply, environment and competition -Liberalisation/privatization and regulation

11. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law/ Maritime Institute Challenges of Agencies in Promotion of Renewables 2 -Social resistance/not in my backyard: Pros and cons of renewable energy -Delegation of powers to agencies Not easy to share power and a compromise -Treaty limitations EU Treaty/ no competence on renewable energy -Subsidies/Hidden costs of fossil fuels Unfair competition between fossil fuels and RE

12. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law/ Maritime Institute Recommendations -The need for Sustainable Energy Agency conservation, energy efficiency and renewables -A treaty amendment for Acer similar to European Central bank (Majone) -The need for a European Community for Renewable Energy (Erene) (Heinrich Böll Stiftung) similar to EURATOM and ECSC -The need for Renewable Energy Ministries

13. A.Sacid Örengül- Ghent Colloquium 13-17 September 2010 Faculty of Law Department of Public International Law/ Maritime Institute Thanks for your attention! Thanks for your attention! asacidorengul@gmail.com asacidorengul@gmail.comasacidorengul@gmail.com abdullah.orengul@ugent.be