2001/77/EC
Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market
Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 175(1) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Having regard to the opinion of the Committee of the Regions(3),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),
Whereas:
(1) The potential for the exploitation of renewable energy sources is underused
in the Community at present. The Community recognises the need to promote
renewable energy sources as a priority measure given that their exploitation
contributes to environmental protection and sustainable development. In addition
this can also create local employment, have a positive impact on social cohesion,
contribute to security of supply and make it possible to meet Kyoto targets more
quickly. It is therefore necessary to ensure that this potential is better
exploited within the framework of the internal electricity market.
(2) The promotion of electricity produced from renewable energy sources is a
high Community priority as outlined in the White Paper on Renewable Energy
Sources (hereinafter referred to as "the White Paper") for reasons of security
and diversification of energy supply, of environmental protection and of social
and economic cohesion. That was endorsed by the Council in its resolution of 8
June 1998 on renewable sources of energy(5), and by the European Parliament in
its resolution on the White Paper.(6)
(3) The increased use of electricity produced from renewable energy sources
constitutes an important part of the package of measures needed to comply with
the Kyoto Protocol to the United Nations Framework Convention on Climate Change,
and of any policy package to meet further commitments.
(4) The Council in its conclusions of 11 May 1999 and the European Parliament in
its resolution of 17 June 1998 on electricity from renewable energy sources(7)
have invited the Commission to submit a concrete proposal for a Community
framework on access for electricity produced from renewable energy sources to
the internal market. Furthermore, the European Parliament in its resolution of
30 March 2000 on electricity from renewable energy sources and the internal
electricity market(8) underlined that binding and ambitious renewable energy
targets at the national level are essential for obtaining results and achieving
the Community targets.
(5) To ensure increased market penetration of electricity produced from
renewable energy sources in the medium term, all Member States should be
required to set national indicative targets for the consumption of electricity
produced from renewable sources.
(6) These national indicative targets should be consistent with any national
commitment made as part of the climate change commitments accepted by the
Community under the Kyoto Protocol.
(7) The Commission should assess to what extent Member States have made progress
towards achieving their national indicative targets, and to what extent the
national indicative targets are consistent with the global indicative target of
12 % of gross domestic energy consumption by 2010, considering that the White
Paper's indicative target of 12 % for the Community as a whole by 2010 provides
useful guidance for increased efforts at Community level as well as in Member
States, bearing in mind the need to reflect differing national circumstances. If
necessary for the achievement of the targets, the Commission should submit
proposals to the European Parliament and the Council which may include mandatory
targets.
(8) Where they use waste as an energy source, Member States must comply with
current Community legislation on waste management. The application of this
Directive is without prejudice to the definitions set out in Annex 2a and 2b to
Council Directive 75/442/EEC of 15 July 1975 on waste(9). Support for renewable
energy sources should be consistent with other Community objectives, in
particular respect for the waste treatment hierarchy. Therefore, the
incineration of non-separated municipal waste should not be promoted under a
future support system for renewable energy sources, if such promotion were to
undermine the hierarchy.
(9) The definition of biomass used in this Directive does not prejudge the use
of a different definition in national legislation, for purposes other than those
set out in this Directive.
(10) This Directive does not require Member States to recognise the purchase of
a guarantee of origin from other Member States or the corresponding purchase of
electricity as a contribution to the fulfilment of a national quota obligation.
However, to facilitate trade in electricity produced from renewable energy
sources and to increase transparency for the consumer's choice between
electricity produced from non-renewable and electricity produced from renewable
energy sources, the guarantee of origin of such electricity is necessary.
Schemes for the guarantee of origin do not by themselves imply a right to
benefit from national support mechanisms established in different Member States.
It is important that all forms of electricity produced from renewable energy
sources are covered by such guarantees of origin.
(11) It is important to distinguish guarantees of origin clearly from
exchangeable green certificates.
(12) The need for public support in favour of renewable energy sources is
recognised in the Community guidelines for State aid for environmental
protection(10), which, amongst other options, take account of the need to
internalise external costs of electricity generation. However, the rules of the
Treaty, and in particular Articles 87 and 88 thereof, will continue to apply to
such public support.
(13) A legislative framework for the market in renewable energy sources needs to
be established.
(14) Member States operate different mechanisms of support for renewable energy
sources at the national level, including green certificates, investment aid, tax
exemptions or reductions, tax refunds and direct price support schemes. One
important means to achieve the aim of this Directive is to guarantee the proper
functioning of these mechanisms, until a Community framework is put into
operation, in order to maintain investor confidence.
(15) It is too early to decide on a Community-wide framework regarding support
schemes, in view of the limited experience with national schemes and the current
relatively low share of price supported electricity produced from renewable
energy sources in the Community.
(16) It is, however necessary to adapt, after a sufficient transitional period,
support schemes to the developing internal electricity market. It is therefore
appropriate that the Commission monitor the situation and present a report on
experience gained with the application of national schemes. If necessary, the
Commission should, in the light of the conclusions of this report, make a
proposal for a Community framework with regard to support schemes for
electricity produced from renewable energy sources. That proposal should
contribute to the achievement of the national indicative targets, be compatible
with the principles of the internal electricity market and take into account the
characteristics of the different sources of renewable energy, together with the
different technologies and geographical differences. It should also promote the
use of renewable energy sources in an effective way, and be simple and at the
same time as efficient as possible, particularly in terms of cost, and include
sufficient transitional periods of at least seven years, maintain investors'
confidence and avoid stranded costs. This framework would enable electricity
from renewable energy sources to compete with electricity produced from non-renewable
energy sources and limit the cost to the consumer, while, in the medium term,
reduce the need for public support.
(17) Increased market penetration of electricity produced from renewable energy
sources will allow for economies of scale, thereby reducing costs.
(18) It is important to utilise the strength of the market forces and the
internal market and make electricity produced from renewable energy sources
competitive and attractive to European citizens.
(19) When favouring the development of a market for renewable energy sources, it
is necessary to take into account the positive impact on regional and local
development opportunities, export prospects, social cohesion and employment
opportunities, especially as concerns small and medium-sized undertakings as
well as independent power producers.
(20) The specific structure of the renewable energy sources sector should be
taken into account, especially when reviewing the administrative procedures for
obtaining permission to construct plants producing electricity from renewable
energy sources.
(21) In certain circumstances it is not possible to ensure fully transmission
and distribution of electricity produced from renewable energy sources without
affecting the reliability and safety of the grid system and guarantees in this
context may therefore include financial compensation.
(22) The costs of connecting new producers of electricity from renewable energy
sources should be objective, transparent and non-discriminatory and due account
should be taken of the benefit embedded generators bring to the grid.
(23) Since the general objectives of the proposed action cannot be sufficiently
achieved by the Member States and can therefore, by reason of the scale or
effects of the action, be better achieved at Community level, the Community may
adopt measures, in accordance with the principle of subsidiarity as set out in
Article 5 of the Treaty. Their detailed implementation should, however, be left
to the Member States, thus allowing each Member State to choose the regime which
corresponds best to its particular situation. In accordance with the principle
of proportionality, as set out in that Article, this Directive does not go
beyond what is necessary in order to achieve those objectives,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Purpose
The purpose of this Directive is to promote an increase in the contribution of
renewable energy sources to electricity production in the internal market for
electricity and to create a basis for a future Community framework thereof.
Article 2
Definitions
For the purposes of this Directive, the following definitions shall apply:
(a) "renewable energy sources" shall mean renewable non-fossil energy sources (wind,
solar, geothermal, wave, tidal, hydropower, biomass, landfill gas, sewage
treatment plant gas and biogases);
(b) "biomass" shall mean the biodegradable fraction of products, waste and
residues from agriculture (including vegetal and animal substances), forestry
and related industries, as well as the biodegradable fraction of industrial and
municipal waste;
(c) "electricity produced from renewable energy sources" shall mean electricity
produced by plants using only renewable energy sources, as well as the
proportion of electricity produced from renewable energy sources in hybrid
plants also using conventional energy sources and including renewable
electricity used for filling storage systems, and excluding electricity produced
as a result of storage systems;
(d) "consumption of electricity" shall mean national electricity production,
including autoproduction, plus imports, minus exports (gross national
electricity consumption).
In addition, the definitions in Directive 96/92/EC of the European Parliament
and of the Council of 19 December 1996 concerning common rules for the internal
market of electricity(11) shall apply.
Article 3
National indicative targets
1. Member States shall take appropriate steps to encourage greater consumption
of electricity produced from renewable energy sources in conformity with the
national indicative targets referred to in paragraph 2. These steps must be in
proportion to the objective to be attained.
2. Not later than 27 October 2002 and every five years thereafter, Member States
shall adopt and publish a report setting national indicative targets for future
consumption of electricity produced from renewable energy sources in terms of a
percentage of electricity consumption for the next 10 years. The report shall
also outline the measures taken or planned, at national level, to achieve these
national indicative targets. To set these targets until the year 2010, the
Member States shall:
- take account of the reference values in the Annex,
- ensure that the targets are compatible with any national commitments accepted
in the context of the climate change commitments accepted by the Community
pursuant to the Kyoto Protocol to the United Nations Framework Convention on
Climate Change.
3. Member States shall publish, for the first time not later than 27 October
2003 and thereafter every two years, a report which includes an analysis of
success in meeting the national indicative targets taking account, in particular,
of climatic factors likely to affect the achievement of those targets and which
indicates to what extent the measures taken are consistent with the national
climate change commitment.
4. On the basis of the Member States' reports referred to in paragraphs 2 and 3,
the Commission shall assess to what extent:
- Member States have made progress towards achieving their national indicative
targets,
- the national indicative targets are consistent with the global indicative
target of 12 % of gross national energy consumption by 2010 and in particular
with the 22,1 % indicative share of electricity produced from renewable energy
sources in total Community electricity consumption by 2010.
The Commission shall publish its conclusions in a report, for the first time not
later than 27 October 2004 and thereafter every two years. This report shall be
accompanied, as appropriate, by proposals to the European Parliament and to the
Council.
If the report referred to in the second subparagraph concludes that the national
indicative targets are likely to be inconsistent, for reasons that are
unjustified and/or do not relate to new scientific evidence, with the global
indicative target, these proposals shall address national targets, including
possible mandatory targets, in the appropriate form.
Article 4
Support schemes
1. Without prejudice to Articles 87 and 88 of the Treaty, the Commission shall
evaluate the application of mechanisms used in Member States according to which
a producer of electricity, on the basis of regulations issued by the public
authorities, receives direct or indirect support, and which could have the
effect of restricting trade, on the basis that these contribute to the
objectives set out in Articles 6 and 174 of the Treaty.
2. The Commission shall, not later than 27 October 2005, present a well-documented
report on experience gained with the application and coexistence of the
different mechanisms referred to in paragraph 1. The report shall assess the
success, including cost-effectiveness, of the support systems referred to in
paragraph 1 in promoting the consumption of electricity produced from renewable
energy sources in conformity with the national indicative targets referred to in
Article 3(2). This report shall, if necessary, be accompanied by a proposal for
a Community framework with regard to support schemes for electricity produced
from renewable energy sources.
Any proposal for a framework should:
(a) contribute to the achievement of the national indicative targets;
(b) be compatible with the principles of the internal electricity market;
(c) take into account the characteristics of different sources of renewable
energy, together with the different technologies, and geographical differences;
(d) promote the use of renewable energy sources in an effective way, and be
simple and, at the same time, as efficient as possible, particularly in terms of
cost;
(e) include sufficient transitional periods for national support systems of at
least seven years and maintain investor confidence.
Article 5
Guarantee of origin of electricity produced from renewable energy sources
1. Member States shall, not later than 27 October 2003, ensure that the origin
of electricity produced from renewable energy sources can be guaranteed as such
within the meaning of this Directive according to objective, transparent and non-discriminatory
criteria laid down by each Member State. They shall ensure that a guarantee of
origin is issued to this effect in response to a request.
2. Member States may designate one or more competent bodies, independent of
generation and distribution activities, to supervise the issue of such
guarantees of origin.
3. A guarantee of origin shall:
- specify the energy source from which the electricity was produced, specifying
the dates and places of production, and in the case of hydroelectric
installations, indicate the capacity;
- serve to enable producers of electricity from renewable energy sources to
demonstrate that the electricity they sell is produced from renewable energy
sources within the meaning of this Directive.
4. Such guarantees of origin, issued according to paragraph 2, should be
mutually recognised by the Member States, exclusively as proof of the elements
referred to in paragraph 3. Any refusal to recognise a guarantee of origin as
such proof, in particular for reasons relating to the prevention of fraud, must
be based on objective, transparent and non-discriminatory criteria. In the event
of refusal to recognise a guarantee of origin, the Commission may compel the
refusing party to recognise it, particularly with regard to objective,
transparent and non-discriminatory criteria on which such recognition is based.
5. Member States or the competent bodies shall put in place appropriate
mechanisms to ensure that guarantees of origin are both accurate and reliable
and they shall outline in the report referred to in Article 3(3) the measures
taken to ensure the reliability of the guarantee system.
6. After having consulted the Member States, the Commission shall, in the report
referred to in Article 8, consider the form and methods that Member States could
follow in order to guarantee the origin of electricity produced from renewable
energy sources. If necessary, the Commission shall propose to the European
Parliament and the Council the adoption of common rules in this respect.
Article 6
Administrative procedures
1. Member States or the competent bodies appointed by the Member States shall
evaluate the existing legislative and regulatory framework with regard to
authorisation procedures or the other procedures laid down in Article 4 of
Directive 96/92/EC, which are applicable to production plants for electricity
produced from renewable energy sources, with a view to:
- reducing the regulatory and non-regulatory barriers to the increase in
electricity production from renewable energy sources,
- streamlining and expediting procedures at the appropriate administrative level,
and
- ensuring that the rules are objective, transparent and non-discriminatory, and
take fully into account the particularities of the various renewable energy
source technologies.
2. Member States shall publish, not later than 27 October 2003, a report on the
evaluation referred to in paragraph 1, indicating, where appropriate, the
actions taken. The purpose of this report is to provide, where this is
appropriate in the context of national legislation, an indication of the stage
reached specifically in:
- coordination between the different administrative bodies as regards deadlines,
reception and treatment of applications for authorisations,
- drawing up possible guidelines for the activities referred to in paragraph 1,
and the feasibility of a fast-track planning procedure for producers of
electricity from renewable energy sources, and
- the designation of authorities to act as mediators in disputes between
authorities responsible for issuing authorisations and applicants for
authorisations.
3. The Commission shall, in the report referred to in Article 8 and on the basis
of the Member States' reports referred to in paragraph 2 of this Article, assess
best practices with a view to achieving the objectives referred to in paragraph
1.
Article 7
Grid system issues
1. Without prejudice to the maintenance of the reliability and safety of the
grid, Member States shall take the necessary measures to ensure that
transmission system operators and distribution system operators in their
territory guarantee the transmission and distribution of electricity produced
from renewable energy sources. They may also provide for priority access to the
grid system of electricity produced from renewable energy sources. When
dispatching generating installations, transmission system operators shall give
priority to generating installations using renewable energy sources insofar as
the operation of the national electricity system permits.
2. Member States shall put into place a legal framework or require transmission
system operators and distribution system operators to set up and publish their
standard rules relating to the bearing of costs of technical adaptations, such
as grid connections and grid reinforcements, which are necessary in order to
integrate new producers feeding electricity produced from renewable energy
sources into the interconnected grid.
These rules shall be based on objective, transparent and non-discriminatory
criteria taking particular account of all the costs and benefits associated with
the connection of these producers to the grid. The rules may provide for
different types of connection.
3. Where appropriate, Member States may require transmission system operators
and distribution system operators to bear, in full or in part, the costs
referred to in paragraph 2.
4. Transmission system operators and distribution system operators shall be
required to provide any new producer wishing to be connected with a
comprehensive and detailed estimate of the costs associated with the connection.
Member States may allow producers of electricity from renewable energy sources
wishing to be connected to the grid to issue a call for tender for the
connection work.
5. Member States shall put into place a legal framework or require transmission
system operators and distribution system operators to set up and publish their
standard rules relating to the sharing of costs of system installations, such as
grid connections and reinforcements, between all producers benefiting from them.
The sharing shall be enforced by a mechanism based on objective, transparent and
non-discriminatory criteria taking into account the benefits which initially and
subsequently connected producers as well as transmission system operators and
distribution system operators derive from the connections.
6. Member States shall ensure that the charging of transmission and distribution
fees does not discriminate against electricity from renewable energy sources,
including in particular electricity from renewable energy sources produced in
peripheral regions, such as island regions and regions of low population density.
Where appropriate, Member States shall put in place a legal framework or require
transmission system operators and distribution system operators to ensure that
fees charged for the transmission and distribution of electricity from plants
using renewable energy sources reflect realisable cost benefits resulting from
the plant's connection to the network. Such cost benefits could arise from the
direct use of the low-voltage grid.
7. Member States shall, in the report referred to in Article 6(2), also consider
the measures to be taken to facilitate access to the grid system of electricity
produced from renewable energy sources. That report shall examine, inter alia,
the feasibility of introducing two-way metering.
Article 8
Summary report
On the basis of the reports by Member States pursuant to Article 3(3) and
Article 6(2), the Commission shall present to the European Parliament and the
Council, no later than 31 December 2005 and thereafter every five years, a
summary report on the implementation of this Directive.
This report shall:
- consider the progress made in reflecting the external costs of electricity
produced from non-renewable energy sources and the impact of public support
granted to electricity production,
- take into account the possibility for Member States to meet the national
indicative targets established in Article 3(2), the global indicative target
referred to in Article 3(4) and the existence of discrimination between
different energy sources.
If appropriate, the Commission shall submit with the report further proposals to
the European Parliament and the Council.
Article 9
Transposition
Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive not later than 27 October
2003. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this
Directive or shall be accompanied by such a reference on the occasion of their
official publication. The methods of making such reference shall be laid down by
the Member States.
Article 10
Entry into force
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities.
Article 11
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 27 September 2001.
For the European Parliament
The President
N. Fontaine
For the Council
The President
C. Picqué
(1) OJ C 311 E, 31.10.2000, p. 320 and OJ C 154 E, 29.5.2001, p. 89.
(2) OJ C 367, 20.12.2000, p. 5.
(3) OJ C 22, 24.1.2001, p. 27.
(4) Opinion of the European Parliament of 16 November 2000 (OJ C 223, 8.8.2001,
p. 294), Council Common Position of 23 March 2001 (OJ C 142, 15.5.2001, p. 5)
and Decision of the European Parliament of 4 July 2001 (not yet published in the
Official Journal). Council Decision of 7 September 2001.
(5) OJ C 198, 24.6.1998, p. 1.
(6) OJ C 210, 6.7.1998, p. 215.
(7) OJ C 210, 6.7.1998, p. 143.
(8) OJ C 378, 29.12.2000, p. 89.
(9) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision
96/350/EC (OJ L 135, 6.6.1996, p. 32).
(10) OJ C 37, 3.2.2001, p. 3.
(11) OJ L 27, 30.1.1997, p. 20.
ANNEX
Reference values for Member States' national indicative targets for the
contribution of electricity produced from renewable energy sources to gross
electricity consumption by 2010.(*)
(*) In taking into account the reference values set out in this Annex, Member
States make the necessary assumption that the State aid guidelines for
environmental protection allow for the existence of national support schemes for
the promotion of electricity produced from renewable energy sources.
Datum uveřejnění: 27. října 2001 Poslední změna: 21. března 2005 Počet shlédnutí: 8081