Brunner - Understanding Policy Change Multiple Streams and Emissions Trading in Germany
Brunner - Understanding Policy Change Multiple Streams and Emissions Trading in Germany
Brunner - Understanding Policy Change Multiple Streams and Emissions Trading in Germany
a r t i c l e in fo abstract
Article history: This paper employs John Kingdon’s [1984. Agendas, Alternatives and Public Policies. Little Brown,
Received 13 December 2007 Boston] ‘‘multiple streams’’ framework to analyse the sudden move from overgenerous grandfathering
Received in revised form to tight caps and auctioning within the German emissions trading regime in the first half of 2007. By
29 May 2008
bringing together empirical evidence from interviews and official documents the following question is
Accepted 30 May 2008
addressed: how completely does Kingdon’s framework explain this political turn? The opening of a
‘‘policy window’’ can be demonstrated and Kingdon’s theory concisely captures important aspects of
Keywords: this process. At the same time, however, the findings imply that a number of relevant factors are not
Political science sufficiently considered by the theory, most notably the influence of multi-level governance structures,
Climate policy
learning processes, and networks. This demonstrates that the multiple streams approach on its own is
Policy change
not sufficient to fully understand the case study example. Hence, for a better understanding of policy
Multiple streams
Emissions trading change it is suggested that scholars need to evaluate the potential for amending and combining
Kingdon’s model with other explanatory approaches.
& 2008 Elsevier Ltd. All rights reserved.
0959-3780/$ - see front matter & 2008 Elsevier Ltd. All rights reserved.
doi:10.1016/j.gloenvcha.2008.05.003
ARTICLE IN PRESS
recombination. Some ideas float to the top of the agenda and 2005). The case study presented below deals with the German
others fall to the bottom. The environment of this soup is implementation of the EU ETS. Germany was chosen for two
composed of policy communities. Some are closed, whilst others reasons: first, the success of the entire EU ETS crucially depends
are more open and fragmented. Swimming in this soup are policy on Germany as it is the largest participant in the scheme. Second,
entrepreneurs ‘‘who are willing to invest resources of various its recent move from grandfathering to auctioning represents an
kinds in hopes of a future return in the form of policies they illustrative and insightful example of radical policy change.
favour’’ (Kingdon, 1984, p. 151). They are crucial to the survival of
an idea and open up policy communities to gain acceptability for a
policy. The idea itself has to satisfy some criteria if it is to survive 3.1. EU ETS implementation
and get to the top. It must be technically feasible, fit the
community’s dominant values, and be able to anticipate potential Emissions trading entered the German debate in the 1970s
constraints under which this might operate. The final output of (Sandhövel, 1994) after the US was the first country to introduce a
this struggle is a list of alternatives to the governing agenda. tradable permits scheme (Ellerman et al., 2000). Though German
The political stream operates quite separately from the other scholars and politicians closely watched the development in the
two and crucially determines the status of the agenda item. It is US, industry resistance assured that the idea remained restricted
composed of a number of elements: to academic agendas only (Wurzel et al., 2003). In particular, the
chemical industry argued that there is no need for the adoption of
National mood, public opinion. emissions trading as a new environmental policy instrument since
Organized political forces: parties, legislative politics, pressure voluntary agreements had worked well on the national level
groups. (Wurzel et al., 2003). Three decades later, in December 2000, the
Government: change in personnel and jurisdiction. Government was able to make a first step on the issue by setting
Consensus-building: bargaining, band wagons, and tipping. up a working group on tradable permits. Unlike in the UK,
Germany never succeeded to install a national emissions trading
When those three streams join they temporarily create scheme. Rather, the introduction of this policy instrument was
advantageous choice opportunities which Kingdon terms ‘‘policy dependent on developments on the European level which
windows’’ or ‘‘windows of opportunity’’ (both terms are used culminated in the establishment of the EU ETS in January 2005.
interchangeably); a situation where a‘‘problem is recognised, a Within the EU ETS, each Member State specifies a cap on
solution is developed and available in the policy community, a overall CO2 emissions, along with a method of how to allocate
political change makes the right time for policy change, and emission allowances to its individual industrial facilities. Each
potential constraints are not severe’’ (Kingdon, 1984, p. 174). large point source gets a maximum amount of emission
Kingdon uses the metaphor of a launch window in a space flight allowances for a particular period. To comply, facilities can either
mission. If the window is lost, then the launch has to wait until reduce their emissions or purchase allowances from facilities with
alignments become appropriate again. The successful launch of a an excess of allowances. The envisaged allocation must be
policy change is the result of the opening of such a ‘‘window of documented in the National Allocation Plan (NAP), which is
opportunity’’ in the interplay of multiple streams. In this view, subject to approval by the Commission. Even though under
agendas are not just a reflection of power but also depend on certain circumstances the Commission has the power to challenge
chance. the NAP, the principal driver of allocation decisions still remains
Although Kingdon’s approach emerged as an influential within national politics.
perspective on the public policy process in the US, little attention Developments in phase I of the EU ETS (2005–2007) demon-
has been paid to extending its logic across countries (Baumgartner strate that this peripheral distribution of competencies has
et al., 2006). So far, empirical studies using Kingdon’s model have become the Achilles heel of the entire scheme (Grubb et al.,
been conducted for Canada (Howlett, 1998), Great Britain and 2005). In 2005, emitters included in the scheme obtained ca. 80
France (Zahariadis, 1995), and Great Britain and Germany million tons or 4% more permits than they actually needed
(Zahariadis and Allen, 1995). Nill (2002) combined the multiple (Ellerman and Buchner, 2006). The largest over-allocation hap-
streams approach with the electoral cycle view put forward by the pened in Germany, where industry received 21 million certificates
economic theory of democracy to analyse environmental innova- more than required. Since the trading system requires scarcity not
tion policies in Germany. The following discussion applies the affluence in order to give carbon a price, this over-allocation
multiple streams approach to the relatively new domain of resulted in serious destabilising effects on the market for
climate policy in Europe. It shall be investigated how well European Emission Allowances.
Kingdon’s approach explains the drivers of policy change in the Lessons learned from phase I largely influenced the allocation
case study example. process for phase II (2008–2012). In November 2006, the EU
Commission rejected Germany’s NAP II on the grounds that it was
over-generous again (EUC, 2006). The Commission asked the
3. Emissions trading in Germany Ministry for the Environment (BMU), which is responsible for the
allocation process, to scale back the amount of emission permits.
For students of policy change, the European climate policy German industry officials, however, urged the Government to
regime offers a compelling case study field. The subject is resist. In a letter to Chancellor Merkel, the officials from large
comparatively dynamic, although stakes are high and distribu- power firms alleged that if the Government agreed to the
tional impacts considerable. Usually, powerful producer groups Commission’s demands, the additional costs would force industry
tend to oppose the introduction of climate regulations because to re-think planned investment in German energy capacity
they fear additional costs and losses in international competitive- (VDEW, 2006). Also, potential losses in international competitive-
ness. In spite of this opposition, the world’s largest ever market for ness could seriously harm the economy. The Ministry for the
greenhouse gases, the EU Emissions Trading Scheme (EU ETS), was Economy (BMWi) therefore maintained in December 2006 that
established in 2005. The EU ETS today is Europe’s most important the Government would ignore the Commission’s demands (ENDS,
instrument to encourage the transition to a low-carbon economy 2006). Three months later, in March 2007, Germany stopped
(Peeters and Deketelaere, 2006; Michaelowa and Butzengeiger, resisting and accepted the new cap. As a result, German facilities
ARTICLE IN PRESS
included in the scheme receive permits to emit 453 million tons argument, may in the long term lead to private and public benefits
CO2 yearly from 2008–2012. That is 29 million tons less than in the form of technological innovation and global warming
orginally requested. mitigation. Hence, the Stern Review helped supporters of tighter
emissions trading policies to ‘‘back up their rhetoric against
3.2. Shift from grandfathering to auctioning objections from business’’ (interview). It should be noted,
however, that neither Stern nor auctioning represents a big topic
in the broader public debate. Both issues are confined to smaller
In light of this fierce resistance to lower the cap it came as a
circles of experts and interested people because they require a
surprise to many when Germany voluntarily introduced auction-
certain amount of preliminary knowledge and economic under-
ing in the national allocation process in June 2007. The new
standing. Nevertheless, Stern helped to inform elites of the
Zuteilungsgesetz (allocation law) envisages that, from 2008, 8.8% of
economic necessity of tighter climate policies.
all permits should be sold instead of given out for free, further
The key findings of the IPCC report, in contrast, were
reducing the number of freely available emissions allowances by
recognised by broader circles of society (interview). The publica-
40 million tons (Bundestag, 2007). This voluntary reduction is in
tion in April 2007 was a big event in itself and the resulting media
addition and is about 11 million tons larger than the vigorously
coverage in Germany was substantial. As Grundmann (2007)
opposed previous budget on the cap. As a result, power generators
argues the German press tends to pay relatively high attention to
now have to purchase certificates for 40 million tons or 17% of
IPCC reports when compared to other countries such as the US.
their allocation, which will cost the sector about h900 million
This is even more true for the fourth assessment report, which
(given the current market price of European Emission Allowances
resulted in an unusually extensive coverage by German media. In
of h22). Compared to other participants in the scheme, Germany
addition, the publication of the fourth assessment report mattered
now assigns the highest share for auctioning in both absolute and
as a focusing event in a more subtle way—by establishing a
relative terms. Before the German Government changed its policy,
scientific link between climate change and recent ‘‘natural’’ events
Britain had with 7% the highest auctioning share of all Member
such as Hurricane Katrina. Natural disasters very powerfully focus
States.
public attention on the vulnerability of human society and the
importance of preventative environmental policies (Birkland,
1997). In linking natural disasters of the recent past with global
4. Discussion
warming, the fourth IPCC report contributed to the public’s
perception of climate change as a truly pressing problem.
Why did Germany change its emissions trading policy so
Al Gore’s movie ‘‘An inconvenient truth’’ also contributed to
radically? To answer this question the following discussion
increased global warming awareness (interview). The movie was
combines Kingdon’s framework with the information derived
released in German cinemas in October 2006, but in contrast to
from interviews and documents. The findings are organised
Stern and IPCC, the content is framed in non-technical, very
around the three streams: problem, policy, and politics. The
accessible terms. Many viewers were moved by the cartoon scene
discussion focuses on developments between December 2006,
in which a polar bear drowned in the Arctic because all the ice had
when Germany openly resisted adjustments to the cap of NAP II,
melted. Charismatic mega fauna is widely known as being a high-
and June 2007 when the country introduced auctioning as an
impact, emotional messenger of environmental issues. This links
allocation method. Events prior to December 2006 were con-
to a recent phenomenon in the German public debate on climate
sidered where respondents emphasised their importance for the
change: Knut the polar bear.
decision-making process.
Born shortly before Christmas 2006 in the Berlin Zoo, Knut
quickly came to embody an international symbol of climate
4.1. Problem stream change vulnerability. The German environment minister Sigmar
Gabriel claimed that there is ‘‘no other animal that better
In Kingdon’s model, for a policy to change, people must first be symbolises global warming’’ (cited in Guardian, 2007). In a very
convinced that there exists a problem and that something needs emotional way Knut combined the two issues of global warming
be done about it. It can be argued that the public debate on and animal rights. Such issue linkage can provide significant
climate change entered a hot phase in early 2007. Several opportunities for policy entrepreneurs (Howlett, 1998). According
indicators, focusing events, and other attention drawing factors to Kingdon (1984, p. 173) the key element in conflict expansion is
were identified in the problem stream, which supported this the way an issue is framed. Following this logic, environmentalists
heightened issue attention. used Knut to expand the reach of global warming to the
The belief that climate change represents a problem is a controversy on animal rights.
function of relevant personal experiences and messages from It is difficult, however, to assess Knut’s specific influence on
informants such as scientists and politicians (Krosnick et al., German climate policy. As noted above, emissions trading is an
2006). Interviewees stressed that two scientific publications in expert instrument whose connection to global warming mitiga-
particular influenced the public’s perception of climate change as tion is not widely understood. It is likely, however, that Knut
a political problem during this time period: the Stern Review contributed to facilitating tougher climate regulations by elevat-
(October 2006) and the IPCC’s fourth assessment report (April ing the problem on the public’s agenda. Even if it sounds cynical in
2007). the light of humanitarian climate catastrophes such as Darfur and
Stern’s report on the economics of climate change shaped the New Orleans: for the animal-loving German public, cute Knut
public debate worldwide to a considerable extent. Especially in became the key courier of ‘‘a stern review’’.
economically prosperous and capitalistic societies such as The influence of Stern, IPCC, Gore, Knut, and others culminated
Germany, Stern’s key message found many open ears: fighting in a peak of general global warming awareness in the first half of
global warming, although costly, pays in the long run (Stern, 2007. When asked in March to name the nation’s most pressing
2007). Among politicians and business representatives, economic problem, 16% of all Germans expressed their concern about
rents are a powerful argument. Auctioning emission permits climate change (Politbarometer, 2007, see Fig. 1). This is second
instead of giving them out for free may impose short-term costs after the all-time top issue in German politics, namely unemploy-
on business. But the economic incentives they create, goes the ment. After a temporary downturn in April and May, climate
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change became the second most-important political issue again tougher emissions trading policies quickly floated to the top of
in June. Both peaks correspond with developments in the politi- the agenda. It is difficult to say, however, when exactly the idea of
cal stream discussed below: the German EU Presidency secured auctioning first entered the ‘‘soup’’. Kingdon (1984, p. 77) cites
an important climate policy deal in March and in June the 2007 one of his (US) respondents saying ‘‘This is not like a river. There is
G8 summit in Germany put climate change on the top of its no point of origin’’. What interviewees could identify, however,
agenda. was what the main instrument-related reasons in favour of
Although this temporary climax in public attention is remark- auctioning were: political economy considerations and public
able, it stays in line with longer-term trends in German concern about windfall profits.
Umweltbewusstsein (environmental awareness). A national survey Grandfathering leads to increased lobbying activities because
conducted on behalf of the Environment Ministry in 2006 emission allowances, which have a monetary value, are given out
revealed that a grand majority of 67% want the country to take for free. Who does not want to have as much as possible from
a leading role in international climate policy (BMU, 2006, see something which is gratis but precious? German industry very
Fig. 2). This is a substantial increase compared to the past (2002: successfully lobbied for an overgenerous allocation of emission
47%, 2004: 56%). In summary, this suggests that seldom before did allowances in phase I (Ellerman and Buchner, 2006). This was
climate change appear that high on the public agenda in Germany. partly possible due to resource dependencies between govern-
One could argue that global warming awareness was pushed ment and industry. Since the latter holds necessary information
beyond a tipping point, creating favourable conditions for climate such as technology specifications and emissions data, the
policy entrepreneurs. government is dependent on its cooperation. Producers, however,
have an economic incentive to inflate their emission numbers as
well as their compliance costs because that may augment
4.2. Policy stream allocation quantity (Bailey et al., 2002). When producers have to
pay for permits, however, they will use the information they hold
When a problem is identified, the search for a solution begins. and only buy as many certificates as they need. Thus, auctioning
Out of the many ideas floating in the ‘‘policy primeval soup’’ could make the allocation process more transparent and efficient
(Kingdon, 1984, pp. 19, 121–131) the ones that are technically and (Hepburn et al., 2006).
financially feasible swim to the top. As Europe’s most important A possibility to introduce auctioning in the allocation process
instrument to efficiently induce greenhouse gas abatement, opened when the Commission rejected Germany’s NAP II on the
grounds that it was overgenerous again. Following the logic ‘‘new
cap, new plan’’ the Government sought to ‘‘guard its face by
20 abandoning the old draft of the allocation law and opening a new
debate’’ (interview). Proponents of auctioning seized this oppor-
tunity. Kingdon (1984, p. 179) calls these people ‘‘policy-
15 entrepreneurs’’, people ‘‘who are trying to advocate change are
like surfers waiting for the big wave’’. The spur-of-the-moment
10 renegotiation of the Zuteilungsgesetz was their ‘‘big wave’’.
However, as one interviewee pointed out, politicians find little
vote payoff in those rather technical issues. The expert question of
5
auctioning vs. grandfathering promises ‘‘a lot of debate and little
public reward’’ (interview) and was therefore not sufficient on its
0 own to overcome industry resistance. This suggests that in order
Dec Jan Feb Mar Apr May Jun Jul Aug to increase the political acceptability of a new allocation method,
06 07 more popular arguments than transparency considerations were
needed. The significant income emissions trading created for the
power sector represented such an issue of considerable public
attention.
The large windfall profits generated by grandfathering turn out
Fig. 1. Percentage of voters who consider climate change as most important
problem (source: Politbarometer, 2007, several issues). to be a major political argument in favour of auctioning (inter-
view). It is estimated that between 2005 and 2007 the windfall
profits of German power producers accrue to h5 billion yearly
(FAZ, 2007). Although all emission permits are allocated for free in
phase I, utilities managed to raise the price for electricity. Industry
23% spokesmen put forward the ‘‘cost’’ of emission allowances as one
reason for soaring prices. Including emission allowances in price
10% should lead calculation makes economic sense because they do represent an
should adopt opportunity cost (Tietenberg, 2006). The sector’s ability, however,
pace of other to entirely pass on those ‘‘costs’’ to consumers hints to
countries
oligopolistic structures. Indeed, the German market authority as
don't know
67% well as the EU Commission maintains cartel investigations against
German power companies.
As a result of the sector’s huge profits and simultaneously
raising electricity prices, power utilities fell in public disgrace. The
industry’s bad image made it highly unpopular for politicians to
safeguard their interests. Instead, it became ‘‘politically opportune
to beat down on energy corporations’’ (interview). Hence, one
Fig. 2. Voters’ preference for Germany’s role in international climate policy major reason the idea of auctioning became politically accepted
(source: BMU, 2006). was not because it strengthens economic incentives for CO2
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abatement but because it recovers windfall profits from the making in Europe is characterised by multi-level governance
despised energy cartel. structures, which tend to impede the sovereignty of national
parliaments (Knill and Lenschow, 2000). At times, national
parliaments consider themselves neglected in the EU policy
4.3. Political stream process and a ‘‘mere secretary who just has to sign the law on
the dotted line’’ (interview). Hence, the Parliament saw the
In early 2007 conditions in the problem and policy stream inclusion of auctioning as an ‘‘opportunity to give the draft an
were favourable for a change on allocation method and quantity. individual touch’’ (interview) in the interplay of Commission,
This alone, however, is not sufficient to initiate policy change. Government, and Parliament.
According to Kingdon (1984) a policy stream can be triggered to The G8 summit of June 2007 represents a second occasion
converge with a problem stream by a change in the political when German climate policy became exposed to international
stream. For instance, institutionalised procedural events may scrutiny (interview). As host of the Heiligendamm summit,
initiate such a development. In contrast to Baumgartner and Jones Germany put climate change on top of the agenda. The national
(1993) who describe agenda-setting as a purely random process, mood was such that Merkel’s domestic popularity could gain from
Kingdon (1984) allows for the existence of ‘‘institutional win- reaching a relevant agreement on global climate policy. Yet, some
dows’’ such as elections or periodical rotations in governing participants, in particular the US, did not share the host’s opinion
bodies. Interviewees identified two important institutionalised that a global emission trading regime with fixed caps must be
windows in the political stream: Germany’s EU Presidency in the established in order to combat climate change. Thus, similarly to
first half of 2007 and the Heiligendamm G8 summit in June. Germany’s role in prior EU climate negotiations, the Government
A first institutional window opened when Germany took over was encouraged to demonstrate international leadership by
the rotating Presidency of the Council of the European Union from supporting tougher climate policies at home.
Finland in January 2007. When German Chancellor Merkel led Overall, the influence of these international political events on
Europe to adopt the ambitious ‘‘3*20 deal’’ of March, not every domestic politics should not be underestimated. A Government
Member State was convinced of the targets’ necessity: by 2020, report of July 2007 directly links the EU Presidency, the G8
union-wide CO2 emissions shall fall by 20% (compared to 1990 summit, and national efforts to further tighten the emissions
levels), energy efficiency shall rise by 20%, and the share of trading regime (Kanzleramt, 2007). By focusing on climate change
renewable energy sources shall go up to 20% (CEU, 2007). Since it these international high-profile events encouraged a ‘‘powerful
held the Presidency, Germany was in charge of bringing the comeback of environmental policy in German politics’’ (inter-
divergent interests to agree on this ambitious plan. Obviously, a view). One major profiteer of this development was the Ministry
‘‘lax position on national climate policy would have damaged the for the Environment itself.
Presidency’s credibility’’ (interview). This finding is in accordance There exists a classic rivalry between economic and environ-
with Wurzel (1996) who contends that the EU Presidency exerts a mental interests and the ministries that safeguard them. The
substantial influence on Member States’ environmental policy and administrative fragmentation within government reinforces a
behaviour. Yet, in early 2007, the German Ministry for the special-interest approach to public policy in which each ministry
Economy in particular was still at unease with NAP II negotiations tends to act as a sponsor of the key stakeholders within its policy
and the Commission’s demands to budget on the cap. As one domain (Marsh and Rhodes, 1992). Usually the Ministry for the
ministry official put it: ‘‘Had we not had the Presidency we would Economy (BMWi) dominates in this struggle. Interviewees,
have gone to court against the Commission’’ (interview). To however, identified two processes in the political stream, which
maintain her credibility, however, the Chancellor ‘‘held the BMWi allowed the Environment Ministry (BMU) to temporarily surpass
on a short leash’’ (interview) and accepted the lower cap. In the BMWi in domestic politics.
addition, it needs to be pointed out that Ms. Merkel is the first First, a ‘‘vertical’’ issue shift onto the EU level raised the BMU’s
German Chancellor ever who also served as an Environment political profile. As one interviewee emphasised, this process can
Minister and, as a trained physicists, probably has a good be well captured by the notion of ‘‘venue shopping’’ (Baumgartner
understanding of climate change and related threats. All factors and Jones, 1993). Radical policy change often occurs when actors
combined helped to open the door for more progressive climate succeed in shifting debates to new venues, which are prone to
policies where the introduction of auctioning can be seen as yet different arguments than the venue that originally dealt with the
another mean to demonstrate leadership. In this process, the issue. Baumgartner and Jones (1993) focus on venues within the
Parliament played a crucial part. US, but a similar argument can be made about the choice between
When the Bundestag, the German parliament, started to debate national and European institutions (Princen, 2007). This suggests
the Government’s draft of the Zuteilungsgesetz in June, a that the BMU may have sought to shift the debate on auctioning
significant target for auctioning had not yet been included. The from the national to the more favourable European (or even
Parliament, however, supported the idea of auctioning. Aside from global, see G8 above) level. And indeed, in an informal EU meeting
considering this a mere reaction to encouraging conditions in the Environment Minister Gabriel argued that if ‘‘you really take this
problem and policy stream, political considerations play a role in instrument seriously you have to auction 100% [of allowances] at
here. First, there is a ‘‘tendency that the Parliament pushes some point in time’’ (ENDS, 2007).
environmental legislation more strongly than the Government’’ Second, a ‘‘horizontal’’ issue shift occurred when the BMU used
does (interview). More often than not, government serves as a the Presidency to ‘‘expand the reach of climate policy into the
patron of privileged producer interests where the major corpora- BMWi-sphere of industrial policy via the notion of ecological
tist actors share the common goal of unchallenged economic industrial policy’’ (interview). In February 2007 the European
expansion (Hukkinen, 1995). The Parliament, in contrast, is less Parliament published a strategy paper advocating the establish-
exposed to industry lobbying and tends to support environmental ment of a ‘‘green hydrogen economy and a third industrial
regulations. The first half of 2007 was an opportune moment to revolution in Europe’’ including a ‘‘decentralised bottom-up
stand up against the government, also because it was half way hydrogen infrastructure’’ (EUP, 2007, p. 2). Similarly, under the
between the prior (2005) and the next general elections (2009). German Presidency the Council of European Environment Minis-
This is usually the time when ‘‘parliaments wish to place their ters discussed in its June 2007 meeting the ‘‘Elements of a
own political fragrance’’, as one interviewee put it. Second, policy- European Ecological Industrial Policy’’ concluding that ‘‘nothing
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