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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
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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 Article251 of the Treaty (4),
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Whereas: (1)
The potential for the exploitation of renewable energy sources
is underused in the Community at resent. The Community
recognizes 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 recognize the
purchase of a guarantee of origin from other Member States or
the corresponding purchase of electricity as a contribution to
the fulfillment 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 favor of renewable energy
sources is recognized in the community guidelines for State
aid for environmental protection (1), which, amongst other
options, take account of the need to internalize 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 anational
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 utilize 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 favoring 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 (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 subsidiary 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 (1) 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. 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
nondiscriminatory 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 recognized 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 recognize 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 authorization 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
nondiscriminatory, 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
authorizations,
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 authorizations and
applicants for authorizations. 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
nondiscriminatory 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 realizable 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.
PICQUΙ
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