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Learning to shield Regulatory learning in sociotechnical transitions

Learning to shield Regulatory learning in sociotechnical transitions. Wouter Boon & Sjoerd Bakker Workshop “Constructing and contesting spaces for low-carbon energy innovation” 26-28 November 2013, Eindhoven. Starting point. Niches and “ underconceptualisation ” of protection

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Learning to shield Regulatory learning in sociotechnical transitions

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  1. Learning to shield Regulatory learning in sociotechnical transitions Wouter Boon & Sjoerd Bakker Workshop “Constructing and contesting spaces for low-carbon energy innovation” 26-28 November 2013, Eindhoven

  2. Starting point • Niches and “underconceptualisation” of protection • Embrace emphasis on protection • Learning of actors about protection • Focus on regulation as protection measure

  3. Regulatory learning • Design of regulation and negotiation • How to deal with new regulation? • Question for involved and uninitiated parties • Mastering protective regulations • Regulatory learning as hotspot on relation innovation – regulation

  4. Theoretical basis • Protection processes (Smith & Raven) • Shielding, nurturing, empowerment activities • Negotiations about shielding regulation involves insiders and outsiders (Garud & Ahlstrom) • Legitimacy plays key role (Scott, etc)

  5. Characterisation of cases • Characterisation of protection: • width: what is protected and what is not? • depth: to what extent is something protected? • tools: how is protection provided? • legitimisation: why is protection warranted?

  6. Two cases of shielding Electric vehicles Highly-neededmedicines

  7. Case 1: high-need drugs (1) • HIV epidemic, orphan drugs • Balancing act ‘unmet medical need versus safety risks’ • Accelerated approval (US), exceptional circumstances (EU) schemes • Role of “institutional activists”

  8. Case 1: high-need drugs (2) • Conditional approvals (EU, 2006) • Fast access, strict post-market testing • Width of shield: serious, emergency, rare diseases • Early experimentation… perceived differently

  9. Case 1: high-need drugs (3) • Ongoing discussion about depth of scheme • “confusion” about benefit/risk ratio and breakthrough character • regulatory agency and regulator differed • solution was less deviant from normal procedure; benefits less clear

  10. Case 1: high-need drugs (4) • Operationalisation (tools) and legitimisation were problematic: • Risks and uncertainty • Medical need not always clear • Regulators: ‘escape route’; completion of datasets and policy termination • Pressure and capture; empowerment and legitimisation of niche protection • Firms: difficult to understand rules (what is expected?); re-evaluate costs and benefits of taking route

  11. Case 2: clean cars (1) • Societal desire for low- and zero-emission vehicles • Climate, energy, local air quality • Broad portfolio of options: biofuels, natural gas, hydrogen, (hybrid-) electric • Some incremental, some radical • Our case: electric in the NL

  12. Case 2: clean cars (2) • Protective measures • “Technology neutral” sticks • Emission norms • Technology specific carrots • R&D & demo-project funds • Consumer/business incentives • Recharging/fueling infrastructure • Protection also from industry, NGOs • Each with their own interests and expectations

  13. Case 2: clean cars (3) • Protection in NL • Width: Low-emission vehicles (<50 gr CO2/km): EV & PHEV • Outcome of negotiations! • Tax exemptions (registration, road-use, company cars for private use), free parking • Living labs (pilot projects) • Recharging infrastructure: • Local/regional govs • Grid operators

  14. Case 2: clean cars (4) • Learning about protection • Protection too wide and too deep? • Opportunistic adoption? • No chargers and no need to charge -> normal emissions • High societal costs, little benefits • Challenge: reduce incentives, but maintain momentum • Diff. between EV and PHEV

  15. Conclusions • Actors need to learn about new protection measures • Learning applies to a wide range of (insider and outsider) actors • These actors interact and negotiate • Regulation is shared product • Regulation is delegated (leads to resource-intensive learning exercise)

  16. Conclusions • Protection measures on different levels of aggregation • Lower levels are further removed from ‘level playing field’ • Regulatory learning // implementation and diffusion of technologies • ‘Drifting’ of protection might be shared responsibility

  17. Discussion And thank you!w.p.c.boon@uu.nls.bakker-1@tudelft.nl

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