Learning to shield Regulatory learning in sociotechnical transitions Wouter Boon & Sjoerd Bakker Workshop Constructing and contesting spaces for low-carbon energy innovation November 2013, Eindhoven Starting point Niches and underconceptualisation of protection Embrace emphasis on protection Learning of actors about protection Focus on regulation as protection measure 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 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) 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? Two cases of shielding Highly-needed medicines Electric vehicles 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 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 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 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 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 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 Case 2: clean cars (3) Protection in NL Width: Low-emission vehicles ( normal emissions High societal costs, little benefits Challenge: reduce incentives, but maintain momentum Diff. between EV and PHEV 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) 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 And thank you!Discussion