(
1
)
(
2
)
(
3
)
L 140/16 EN Official Journal of the European Union 5.6.2009
DIRECTIVES
DIRECTIVE 2009/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23April 2009
on the promotion of the use of energy from renewable sources and amending and subsequently
repealing Directives 2001/77/EC and2003/30/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO
PEAN UNION,
Having regard to the Treaty establishing the European Commu
nity, and in particular Article 175(1) thereof, and Article 95
thereof in relation to Articles17, 18 and19 of this Directive,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and
Social Committee
(
1
) Opinion of 17September 2008 (OJC77, 31.3.2009, p.43).
,
Having regard to the opinion of the Committee of the Regions
(
2
) OJC325, 19.12.2008, p.12.
,
Acting in accordance with the procedure laid down in Article251
of the Treaty
(
3
) Opinion of the European Parliament of 17December 2008 (not yet
published in the Official Journal) and Council Decision of 6 April
2009.
,
Whereas:
(1) The control of European energy consumption and the
increased use of energy from renewable sources, together
with energy savings and increased energy efficiency, con
stitute important parts of the package of measures needed
to reduce greenhouse gas emissions and comply with the
Kyoto Protocol to the United Nations Framework Conven
tion on Climate Change, and with further Community and
international greenhouse gas emission reduction commit
ments beyond 2012. Those factors also have an important
part to play in promoting the security of energy supply,
promoting technological development and innovation and
providing opportunities for employment and regional
development, especially in rural and isolated areas.
(2) In particular, increasing technological improvements,
incentives for the use and expansion of public transport,
the use of energy efficiency technologies and the use of
energy from renewable sources in transport are some of
the most effective tools by which the Community can
reduce its dependence on imported oil in the transport sec
tor, in which the security of energy supply problem is most
acute, and influence the fuel market for transport.
(3) The opportunities for establishing economic growth
through innovation and a sustainable competitive energy
policy have been recognised. Production of energy from
renewable sources often depends on local or regional small
and medium-sized enterprises (SMEs). The opportunities
for growth and employment that investment in regional
and local production of energy from renewable sources
bring about in the Member States and their regions are
important. The Commission and the Member States should
therefore support national and regional development mea
sures in those areas, encourage the exchange of best prac
tices in production of energy from renewable sources
between local and regional development initiatives and
promote the use of structural funding in this area.
(4) When favouring the development of the market for renew
able energy sources, it is necessary to take into account the
positive impact on regional and local development oppor
tunities, export prospects, social cohesion and employ
ment opportunities, in particular as concerns SMEs and
independent energy producers.
(5) In order to reduce greenhouse gas emissions within the
Community and reduce its dependence on energy imports,
the development of energy from renewable sources should
be closely linked to increased energy efficiency.
(6) It is appropriate to support the demonstration and com
mercialisation phase of decentralised renewable energy
technologies. The move towards decentralised energy pro
duction has many benefits, including the utilisation of local
energy sources, increased local security of energy supply,
shorter transport distances and reduced energy transmis
sion losses. Such decentralisation also fosters community
development and cohesion by providing income sources
and creating jobs locally.
(
1
)
(
2
)
(
3
)
(
4
)
(
5
)
5.6.2009 EN Official Journal of the European Union L 140/17
(7) Directive 2001/77/EC of the European Parliament and of
the Council of 27September 2001 on the promotion of
electricity produced from renewable energy sources in the
internal electricity market
(
1
) OJL283, 27.10.2001, p.33.
and Directive 2003/30/EC of
the European Parliament and of the Council of 8May 2003
on the promotion of the use of biofuels or other renew
able fuels for transport
(
2
) OJL123, 17.5.2003, p.42.
established definitions for differ
ent types of energy from renewable sources. Directive
2003/54/EC of the European Parliament and of the Coun
cil of 26 June 2003 concerning common rules for the
internal market in electricity
(
3
) OJL176, 15.7.2003, p.37.
established definitions for
the electricity sector in general. In the interests of legal cer
tainty and clarity it is appropriate to use the same or simi
lar definitions in this Directive.
(8) The Commission communication of 10 January 2007
entitled ‘Renewable Energy Roadmap — Renewable ener
gies in the 21st century: building a more sustainable future’
demonstrated that a 20% target for the overall share of
energy from renewable sources and a 10% target for
energy from renewable sources in transport would be
appropriate and achievable objectives, and that a frame
work that includes mandatory targets should provide the
business community with the long-term stability it needs
to make rational, sustainable investments in the renewable
energy sector which are capable of reducing dependence
on imported fossil fuels and boosting the use of new energy
technologies. Those targets exist in the context of the 20%
improvement in energy efficiency by 2020 set out in the
Commission communication of 19October 2006 entitled
‘Action Plan for Energy Efficiency: Realising the Potential’,
which was endorsed by the European Council of March
2007, and by the European Parliament in its resolution of
31January 2008 on that Action Plan.
(9) The European Council of March 2007 reaffirmed the Com
munity’s commitment to the Community-wide develop
ment of energy from renewable sources beyond 2010. It
endorsed a mandatory target of a 20% share of energy
from renewable sources in overall Community energy con
sumption by 2020 and a mandatory 10% minimum tar
get to be achieved by all Member States for the share of
biofuels in transport petrol and diesel consumption by
2020, to be introduced in a cost-effective way. It stated
that the binding character of the biofuel target is appropri
ate, subject to production being sustainable, second-
generation biofuels becoming commercially available and
Directive 98/70/EC of the European Parliament and of the
Council of 13 October 1998 relating to the quality of
petrol and diesel fuels
(
4
) OJL350, 28.12.1998, p.58.
being amended to allow for
adequate levels of blending. The European Council of
March 2008 repeated that it is essential to develop and ful
fil effective sustainability criteria for biofuels and ensure
the commercial availability of second-generation biofuels.
The European Council of June 2008 referred again to the
sustainability criteria and the development of second-
generation biofuels, and underlined the need to assess the
possible impacts of biofuel production on agricultural food
products and to take action, if necessary, to address short
comings. It also stated that further assessment should be
made of the environmental and social consequences of the
production and consumption of biofuels.
(10) In its resolution of 25September 2007 on the Road Map
for Renewable Energy in Europe
(
5
) OJC219E, 28.8.2008, p.82.
, the European Parlia
ment called on the Commission to present, by the end of
2007, a proposal for a legislative framework for energy
from renewable sources, referring to the importance of set
ting targets for the shares of energy from renewable sources
at Community and Member State level.
(11) It is necessary to set transparent and unambiguous rules for
calculating the share of energy from renewable sources and
for defining those sources. In this context, the energy
present in oceans and other water bodies in the form of
waves, marine currents, tides, ocean thermal energy gradi
ents or salinity gradients should be included.
(12) The use of agricultural material such as manure, slurry and
other animal and organic waste for biogas production has,
in view of the high greenhouse gas emission saving poten
tial, significant environmental advantages in terms of heat
and power production and its use as biofuel. Biogas instal
lations can, as a result of their decentralised nature and the
regional investment structure, contribute significantly to
sustainable development in rural areas and offer farmers
new income opportunities.
(13) In the light of the positions taken by the European Parlia
ment, the Council and the Commission, it is appropriate to
establish mandatory national targets consistent with a
20% share of energy from renewable sources and a 10%
share of energy from renewable sources in transport in
Community energy consumption by 2020.
(14) The main purpose of mandatory national targets is to pro
vide certainty for investors and to encourage continuous
development of technologies which generate energy from
all types of renewable sources. Deferring a decision about
whether a target is mandatory until a future event takes
place is thus not appropriate.
(
1
)
(
2
)
(
3
)
L 140/18 EN Official Journal of the European Union 5.6.2009
(15) The starting point, the renewable energy potential and the
energy mix of each Member State vary. It is therefore nec
essary to translate the Community 20% target into indi
vidual targets for each Member State, with due regard to a
fair and adequate allocation taking account of Member
States’ different starting points and potentials, including
the existing level of energy from renewable sources and the
energy mix. It is appropriate to do this by sharing the
required total increase in the use of energy from renewable
sources between Member States on the basis of an equal
increase in each Member State’s share weighted by their
GDP, modulated to reflect their starting points, and by
accounting in terms of gross final consumption of energy,
with account being taken of Member States’ past efforts
with regard to the use of energy from renewable sources.
(16) By contrast, it is appropriate for the 10% target for energy
from renewable sources in transport to be set at the same
level for each Member State in order to ensure consistency
in transport fuel specifications and availability. Because
transport fuels are traded easily, Member States with low
endowments of the relevant resources will easily be able to
obtain biofuels from elsewhere. While it would technically
be possible for the Community to meet its target for the
use of energy from renewable sources in transport solely
from domestic production, it is both likely and desirable
that the target will in fact be met through a combination
of domestic production and imports. To this end, the
Commission should monitor the supply of the Community
market for biofuels, and should, as appropriate, propose
relevant measures to achieve a balanced approach between
domestic production and imports, taking into account,
inter alia, the development of multilateral and bilateral
trade negotiations, environmental, social and economic
considerations, and the security of energy supply.
(17) The improvement of energy efficiency is a key objective of
the Community, and the aim is to achieve a 20% improve
ment in energy efficiency by 2020. That aim, together with
existing and future legislation including Directive
2002/91/EC of the European Parliament and of the Coun
cil of 16December 2002 on the energy performance of
buildings
(
1
) OJL1, 4.1.2003, p.65.
, Directive 2005/32/EC of the European Par
liament and of the Council of 6July 2005 establishing a
framework for the setting of ecodesign requirements for
energy-using products
(
2
) OJL191, 22.7.2005, p.29.
, and Directive 2006/32/EC of the
European Parliament and of the Council of 5April 2006
on energy end-use efficiency and energy services
(
3
) OJL114, 27.4.2006, p.64.
, has a
critical role to play in ensuring that the climate and energy
objectives are being achieved at least cost, and
can also provide new opportunities for the European
Union’s economy. Energy efficiency and energy saving
policies are some of the most effective methods by which
Member States can increase the percentage share of energy
from renewable sources, and Member States will thus more
easily achieve the overall national and transport targets for
energy from renewable sources laid down by this Directive.
(18) It will be incumbent upon Member States to make signifi
cant improvements in energy efficiency in all sectors in
order more easily to achieve their targets for energy from
renewable sources, which are expressed as a percentage of
gross final consumption of energy. The need for energy
efficiency in the transport sector is imperative because a
mandatory percentage target for energy from renewable
sources is likely to become increasingly difficult to achieve
sustainably if overall demand for energy for transport con
tinues to rise. The mandatory 10% target for transport to
be achieved by all Member States should therefore be
defined as that share of final energy consumed in transport
which is to be achieved from renewable sources as a whole,
and not from biofuels alone.
(19) To ensure that the mandatory national overall targets are
achieved, Member States should work towards an indica
tive trajectory tracing a path towards the achievement of
their final mandatory targets. They should establish a
national renewable energy action plan including informa
tion on sectoral targets, while having in mind that there are
different uses of biomass and therefore it is essential to
mobilise new biomass resources. In addition, Member
States should set out measures to achieve those targets.
Each Member State should assess, when evaluating its
expected gross final consumption of energy in its national
renewable energy action plan, the contribution which
energy efficiency and energy saving measures can make to
achieving its national targets. Member States should take
into account the optimal combination of energy efficiency
technologies with energy from renewable sources.
(20) To permit the benefits of technological progress and
economies of scale to be reaped, the indicative trajectory
should take into account the possibility of a more rapid
growth in the use of energy from renewable sources in the
future. Thus special attention can be given to sectors that
suffer disproportionately from the absence of technologi
cal progress and economies of scale and therefore remain
under-developed, but which, in future, could significantly
contribute to reaching the targets for 2020.
(21) The indicative trajectory should take 2005 as its starting
point because that is the latest year for which reliable data
on national shares of energy from renewable sources are
available.
5.6.2009
EN Official Journal of the European Union L 140/19
(22) The achievement of the objectives of this Directive requires
that the Community and Member States dedicate a signifi
cant amount of financial resources to research and devel
opment in relation to renewable energy technologies. In
particular, the European Institute of Innovation and Tech
nology should give high priority to the research and devel
opment of renewable energy technologies.
(23) Member States may encourage local and regional authori
ties to set targets in excess of national targets and to involve
local and regional authorities in drawing up national
renewable energy action plans and in raising awareness of
the benefits of energy from renewable sources.
(24) In order to exploit the full potential of biomass, the Com
munity and the Member States should promote greater
mobilisation of existing timber reserves and the develop
ment of new forestry systems.
(25) Member States have different renewable energy potentials
and operate different schemes of support for energy from
renewable sources at the national level. The majority of
Member States apply support schemes that grant benefits
solely to energy from renewable sources that is produced
on their territory. For the proper functioning of national
support schemes it is vital that Member States can control
the effect and costs of their national support schemes
according to their different potentials. One important
means to achieve the aim of this Directive is to guarantee
the proper functioning of national support schemes, as
under Directive 2001/77/EC, in order to maintain investor
confidence and allow Member States to design effective
national measures for target compliance. This Directive
aims at facilitating cross-border support of energy from
renewable sources without affecting national support
schemes. It introduces optional cooperation mechanisms
between Member States which allow them to agree on the
extent to which one Member State supports the energy
production in another and on the extent to which the
energy production from renewable sources should count
towards the national overall target of one or the other. In
order to ensure the effectiveness of both measures of tar
get compliance, i.e. national support schemes and coop
eration mechanisms, it is essential that Member States are
able to determine if and to what extent their national sup
port schemes apply to energy from renewable sources pro
duced in other Member States and to agree on this by
applying the cooperation mechanisms provided for in this
Directive.
(26) It is desirable that energy prices reflect external costs of
energy production and consumption, including, as appro
priate, environmental, social and healthcare costs.
(27) Public support is necessary to reach the Community’s
objectives with regard to the expansion of electricity pro
duced from renewable energy sources, in particular for as
long as electricity prices in the internal market do not
reflect the full environmental and social costs and benefits
of energy sources used.
(28) The Community and the Member States should strive to
reduce total consumption of energy in transport and
increase energy efficiency in transport. The principal means
of reducing consumption of energy in transport include
transport planning, support for public transport, increas
ing the share of electric cars in production and producing
cars which are more energy efficient and smaller both in
size and in engine capacity.
(29) Member States should aim to diversify the mix of energy
from renewable sources in all transport sectors. The Com
mission should present a report to the European Parlia
ment and the Council by 1 June 2015 outlining the
potential for increasing the use of energy from renewable
sources in each transport sector.
(30) In calculating the contribution of hydropower and wind
power for the purposes of this Directive, the effects of cli
matic variation should be smoothed through the use of a
normalisation rule. Further, electricity produced in
pumped storage units from water that has previously been
pumped uphill should not be considered to be electricity
produced from renewable energy sources.
(31) Heat pumps enabling the use of aerothermal, geothermal
or hydrothermal heat at a useful temperature level need
electricity or other auxiliary energy to function. The energy
used to drive heat pumps should therefore be deducted
from the total usable heat. Only heat pumps with an out
put that significantly exceeds the primary energy needed to
drive it should be taken into account.
(32) Passive energy systems use building design to harness
energy. This is considered to be saved energy. To avoid
double counting, energy harnessed in this way should not
be taken into account for the purposes of this Directive.
(33) Some Member States have a large share of aviation in their
gross final consumption of energy. In view of the current
technological and regulatory constraints that prevent the
commercial use of biofuels in aviation, it is appropriate to
provide a partial exemption for such Member States, by
excluding from the calculation of their gross final con
sumption of energy in national air transport, the amount
by which they exceed one-and-a-half times the Community
average gross final consumption of energy in aviation in
2005, as assessed by Eurostat, i.e. 6,18%. Cyprus and
Malta, due to their insular and peripheral character, rely on
aviation as a mode of transport, which is essential for their
citizens and their economy. As a result, Cyprus and Malta
(
1
)
L 140/20 EN Official Journal of the European Union 5.6.2009
have a gross final consumption of energy in national air
transport which is disproportionally high, i.e. more than
three times the Community average in 2005, and are thus
disproportionately affected by the current technological
and regulatory constraints. For those Member States it is
therefore appropriate to provide that the exemption should
cover the amount by which they exceed the Community
average gross final consumption of energy in aviation in
2005 as assessed by Eurostat, i.e. 4,12%.
(34) To obtain an energy model that supports energy from
renewable sources there is a need to encourage strategic
cooperation between Member States, involving, as appro
priate, regions and local authorities.
(35) Whilst having due regard to the provisions of this Direc
tive, Member States should be encouraged to pursue all
appropriate forms of cooperation in relation to the objec
tives set out in this Directive. Such cooperation can take
place at all levels, bilaterally or multilaterally. Apart from
the mechanisms with effect on target calculation and tar
get compliance, which are exclusively provided for in this
Directive, namely statistical transfers between Member
States, joint projects and joint support schemes, coopera
tion can also take the form of, for example, exchanges of
information and best practices, as provided for, in particu
lar, in the transparency platform established by this Direc
tive, and other voluntary coordination between all types of
support schemes.
(36) To create opportunities for reducing the cost of achieving
the targets laid down in this Directive, it is appropriate
both to facilitate the consumption in Member States of
energy produced from renewable sources in other Mem
ber States, and to enable Member States to count energy
from renewable sources consumed in other Member States
towards their own national targets. For this reason, flex
ibility measures are required, but they remain under Mem
ber States’ control in order not to affect their ability to
reach their national targets. Those flexibility measures take
the form of statistical transfers, joint projects between
Member States or joint support schemes.
(37) It should be possible for imported electricity, produced
from renewable energy sources outside the Community, to
count towards Member States’ targets. However, to avoid
a net increase in greenhouse gas emissions through the
diversion of existing renewable sources and their complete
or partial replacement by conventional energy sources,
only electricity produced by renewable energy installations
that become operational after the entry into force of this
Directive or by the increased capacity of an installation that
was refurbished after that date should be eligible to be
counted. In order to guarantee an adequate effect of energy
from renewable sources replacing conventional energy in
the Community as well as in third countries it is appropri
ate to ensure that such imports can be tracked and
accounted for in a reliable way. Agreements with third
countries concerning the organisation of such trade in
electricity from renewable energy sources will be consid
ered. If, by virtue of a decision taken under the Energy
Community Treaty
(
1
) OJL198, 20.7.2006, p.18.
to that effect, the contracting par
ties to that treaty become bound by the relevant provisions
of this Directive, the measures of cooperation between
Member States provided for in this Directive will be appli
cable to them.
(38) When Member States undertake joint projects with one or
more third countries regarding the production of electric
ity from renewable energy sources, it is appropriate that
those joint projects relate only to newly constructed instal
lations or to installations with newly increased capacity.
This will help ensure that the proportion of energy from
renewable sources in the third country’s total energy con
sumption is not reduced due to the importation of energy
from renewable sources into the Community. In addition,
the Member States concerned should facilitate the domes
tic use by the third country concerned of part of the pro
duction of electricity by the installations covered by the
joint project. Furthermore, the third country concerned
should be encouraged by the Commission and Member
States to develop a renewable energy policy, including
ambitious targets.
(39) Noting that projects of high European interest in third
countries, such as the Mediterranean Solar Plan, may need
a long lead-time before being fully interconnected to the
territory of the Community, it is appropriate to facilitate
their development by allowing Member States to take into
account in their national targets a limited amount of elec
tricity produced by such projects during the construction
of the interconnection.
(40) The procedure used by the administration responsible for
supervising the authorisation, certification and licensing of
renewable energy plants should be objective, transparent,
non-discriminatory and proportionate when applying the
rules to specific projects. In particular, it is appropriate to
avoid any unnecessary burden that could arise by classify
ing renewable energy projects under installations which
represent a high health risk.
(41) The lack of transparent rules and coordination between the
different authorisation bodies has been shown to hinder
the deployment of energy from renewable sources. There
fore the specific structure of the renewable energy sector
should be taken into account when national, regional and
local authorities review their administrative procedures for
giving permission to construct and operate plants and
associated transmission and distribution network infra
structures for the production of electricity, heating and
(
1
)
(
2
)
5.6.2009 EN Official Journal of the European Union L 140/21
cooling or transport fuels from renewable energy sources.
Administrative approval procedures should be streamlined
with transparent timetables for installations using energy
from renewable sources. Planning rules and guidelines
should be adapted to take into consideration cost-effective
and environmentally beneficial renewable heating and
cooling and electricity equipment.
(42) For the benefit of rapid deployment of energy from renew
able sources and in view of their overall high sustainable
and environmental beneficial quality, Member States
should, when applying administrative rules, planning
structures and legislation which are designed for licensing
installations with respect to pollution reduction and con
trol for industrial plants, for combating air pollution and
for the prevention or minimisation of the discharge of dan
gerous substances in the environment, take into account
the contribution of renewable energy sources towards
meeting environmental and climate change objectives, in
particular when compared to non-renewable energy
installations.
(43) In order to stimulate the contribution by individual citizens
to the objectives set out in this Directive, the relevant
authorities should consider the possibility of replacing
authorisations by simple notifications to the competent
body when installing small decentralised devices for pro
ducing energy from renewable sources.
(44) The coherence between the objectives of this Directive and
the Community’s other environmental legislation should
be ensured. In particular, during the assessment, planning
or licensing procedures for renewable energy installations,
Member States should take account of all Community
environmental legislation and the contribution made by
renewable energy sources towards meeting environmental
and climate change objectives, in particular when com
pared to non-renewable energy installations.
(45) National technical specifications and other requirements
falling within the scope of Directive 98/34/EC of the Euro
pean Parliament and of the Council of 22June 1998 lay
ing down a procedure for the provision of information in
the field of technical standards and regulations and rules
on Information Society services
(
1
) OJL204, 21.7.1998, p.37.
, relating for example to
levels of quality, testing methods or conditions of use,
should not create barriers for trade in renewable energy
equipment and systems. Therefore, support schemes for
energy from renewable sources should not prescribe
national technical specifications which deviate from exist
ing Community standards or require the supported equip
ment or systems to be certified or tested in a specified
location or by a specified entity.
(46) It is appropriate for Member States to consider mecha
nisms for the promotion of district heating and cooling
from energy from renewable sources.
(47) At national and regional level, rules and obligations for
minimum requirements for the use of energy from renew
able sources in new and renovated buildings have led to
considerable increases in the use of energy from renewable
sources. Those measures should be encouraged in a wider
Community context, while promoting the use of more
energy-efficient applications of energy from renewable
sources through building regulations and codes.
(48) It may be appropriate for Member States, in order to facili
tate and accelerate the setting of minimum levels for the
use of energy from renewable sources in buildings, to pro
vide that such levels are achieved by incorporating a factor
for energy from renewable sources in meeting minimum
energy performance requirements under Directive
2002/91/EC, relating to a cost-optimal reduction of car
bon emissions per building.
(49) Information and training gaps, especially in the heating
and cooling sector, should be removed in order to encour
age the deployment of energy from renewable sources.
(50) In so far as the access or pursuit of the profession of
installer is a regulated profession, the preconditions for the
recognition of professional qualifications are laid down in
Directive 2005/36/EC of the European Parliament and of
the Council of 7September 2005 on the recognition of
professional qualifications
(
2
) OJL255, 30.9.2005, p.22.
. This Directive therefore
applies without prejudice to Directive 2005/36/EC.
(51) While Directive 2005/36/EC lays down requirements for
the mutual recognition of professional qualifications,
including for architects, there is a further need to ensure
that architects and planners properly consider an optimal
combination of renewable energy sources and high-
efficiency technologies in their plans and designs. Member
States should therefore provide clear guidance in this
regard. This should be done without prejudice to the pro
visions of Directive 2005/36/EC and in particular
Articles46 and49 thereof.
(52) Guarantees of origin issued for the purpose of this Direc
tive have the sole function of proving to a final customer
that a given share or quantity of energy was produced from
renewable sources. A guarantee of origin can be trans
ferred, independently of the energy to which it relates,
from one holder to another. However, with a view to
ensuring that a unit of electricity from renewable energy
sources is disclosed to a customer only once, double count
ing and double disclosure of guarantees of origin should be
avoided. Energy from renewable sources in relation to
which the accompanying guarantee of origin has been sold
separately by the producer should not be disclosed or sold
to the final customer as energy from renewable sources. It
is important to distinguish between green certificates used
for support schemes and guarantees of origin.
(
1
)
L 140/22 EN Official Journal of the European Union 5.6.2009
(53) It is appropriate to allow the emerging consumer market
for electricity from renewable energy sources to contrib
ute to the construction of new installations for energy from
renewable sources. Member States should therefore be able
to require electricity suppliers who disclose their energy
mix to final customers in accordance with Article3(6) of
Directive 2003/54/EC, to include a minimum percentage
of guarantees of origin from recently constructed installa
tions producing energy from renewable sources, provided
that such a requirement is in conformity with Community
law.
(54) It is important to provide information on how the sup
ported electricity is allocated to final customers in accor
dance with Article3(6) of Directive 2003/54/EC. In order
to improve the quality of that information to consumers,
in particular as regards the amount of energy from renew
able sources produced by new installations, the Commis
sion should assess the effectiveness of the measures taken
by Member States.
(55) Directive 2004/8/EC of the European Parliament and of
the Council of 11 February 2004 on the promotion of
cogeneration based on a useful heat demand in the inter
nal energy market
(
1
) OJL52, 21.2.2004, p.50.
provides for guarantees of origin for
proving the origin of electricity produced from high-
efficiency cogeneration plants. Such guarantees of origin
cannot be used when disclosing the use of energy from
renewable sources in accordance with Article3(6) of Direc
tive 2003/54/EC as this might result in double counting
and double disclosure.
(56) Guarantees of origin do not by themselves confer a right
to benefit from national support schemes.
(57) There is a need to support the integration of energy from
renewable sources into the transmission and distribution
grid and the use of energy storage systems for integrated
intermittent production of energy from renewable sources.
(58) The development of renewable energy projects, including
renewable energy projects of European interest under the
Trans-European Network for Energy (TEN-E) programme
should be accelerated. To that end, the Commission should
also analyse how the financing of such projects can be
improved. Particular attention should be paid to renewable
energy projects that will contribute to a significant increase
in security of energy supply in the Community and neigh
bouring countries.
(59) Interconnection among countries facilitates integration of
electricity from renewable energy sources. Besides smooth
ing out variability, interconnection can reduce balancing
costs, encourage true competition bringing about lower
prices, and support the development of networks. Also, the
sharing and optimal use of transmission capacity could
help avoid excessive need for newly built capacity.
(60) Priority access and guaranteed access for electricity from
renewable energy sources are important for integrating
renewable energy sources into the internal market in elec
tricity, in line with Article11(2) and developing further
Article11(3) of Directive 2003/54/EC. Requirements relat
ing to the maintenance of the reliability and safety of the
grid and to the dispatching may differ according to the
characteristics of the national grid and its secure operation.
Priority access to the grid provides an assurance given to
connected generators of electricity from renewable energy
sources that they will be able to sell and transmit the elec
tricity from renewable energy sources in accordance with
connection rules at all times, whenever the source becomes
available. In the event that the electricity from renewable
energy sources is integrated into the spot market, guaran
teed access ensures that all electricity sold and supported
obtains access to the grid, allowing the use of a maximum
amount of electricity from renewable energy sources from
installations connected to the grid. However, this does not
imply any obligation on the part of Member States to sup
port or introduce purchase obligations for energy from
renewable sources. In other systems, a fixed price is defined
for electricity from renewable energy sources, usually in
combination with a purchase obligation for the system
operator. In such a case, priority access has already been
given.
(61) In certain circumstances it is not possible fully to ensure
transmission and distribution of electricity produced from
renewable energy sources without affecting the reliability
or safety of the grid system. In such circumstances it may
be appropriate for financial compensation to be given to
those producers. Nevertheless, the objectives of this Direc
tive require a sustained increase in the transmission and
distribution of electricity produced from renewable energy
sources without affecting the reliability or safety of the grid
system. To this end, Member States should take appropri
ate measures in order to allow a higher penetration of elec
tricity from renewable energy sources, inter alia, by taking
into account the specificities of variable resources and
resources which are not yet storable. To the extent required
by the objectives set out in this Directive, the connection
of new renewable energy installations should be allowed as
soon as possible. In order to accelerate grid connection
procedures, Member States may provide for priority con
nection or reserved connection capacities for new installa
tions producing electricity from renewable energy sources.
(62) The costs of connecting new producers of electricity and
gas from renewable energy sources to the electricity and
gas grids should be objective, transparent and non-
discriminatory and due account should be taken of the
benefit that embedded producers of electricity from renew
able energy sources and local producers of gas from renew
able sources bring to the electricity and gas grids.
5.6.2009
EN Official Journal of the European Union L 140/23
(63) Electricity producers who want to exploit the potential of
energy from renewable sources in the peripheral regions of
the Community, in particular in island regions and regions
of low population density, should, whenever feasible, ben
efit from reasonable connection costs in order to ensure
that they are not unfairly disadvantaged in comparison
with producers situated in more central, more industria
lised and more densely populated areas.
(64) Directive 2001/77/EC lays down the framework for the
integration into the grid of electricity from renewable
energy sources. However, there is a significant variation
between Member States in the degree of integration actu
ally achieved. For this reason it is necessary to strengthen
the framework and to review its application periodically at
national level.
(65) Biofuel production should be sustainable. Biofuels used for
compliance with the targets laid down in this Directive,
and those that benefit from national support schemes,
should therefore be required to fulfil sustainability criteria.
(66) The Community should take appropriate steps in the con
text of this Directive, including the promotion of sustain
ability criteria for biofuels and the development of second
and third-generation biofuels in the Community and
worldwide, and to strengthen agricultural research and
knowledge creation in those areas.
(67) The introduction of sustainability criteria for biofuels will
not achieve its objective if those products that do not fulfil
the criteria and would otherwise have been used as biofu
els are used, instead, as bioliquids in the heating or elec
tricity sectors. For this reason, the sustainability criteria
should also apply to bioliquids in general.
(68) The European Council of March 2007 invited the Commis
sion to propose a comprehensive Directive on the use of
all renewable energy sources, which could contain criteria
and provisions to ensure sustainable provision and use of
bioenergy. Such sustainability criteria should form a coher
ent part of a wider scheme covering all bioliquids and not
biofuels alone. Such sustainability criteria should therefore
be included in this Directive. In order to ensure a coherent
approach between energy and environment policies, and
to avoid the additional costs to business and the environ
mental incoherence that would be associated with an
inconsistent approach, it is essential to provide the same
sustainability criteria for the use of biofuels for the pur
poses of this Directive on the one hand, and Directive
98/70/EC on the other. For the same reasons, double
reporting should be avoided in this context. Furthermore,
the Commission and the competent national authorities
should coordinate their activities in the framework of a
committee specifically responsible for sustainability
aspects. The Commission should, in addition, in 2009,
review the possible inclusion of other biomass applications
and the modalities relating thereto.
(69) The increasing worldwide demand for biofuels and
bioliquids, and the incentives for their use provided for in
this Directive, should not have the effect of encouraging
the destruction of biodiverse lands. Those finite resources,
recognised in various international instruments to be of
value to all mankind, should be preserved. Consumers in
the Community would, in addition, find it morally unac
ceptable that their increased use of biofuels and bioliquids
could have the effect of destroying biodiverse lands. For
these reasons, it is necessary to provide sustainability cri
teria ensuring that biofuels and bioliquids can qualify for
the incentives only when it can be guaranteed that they do
not originate in biodiverse areas or, in the case of areas des
ignated for nature protection purposes or for the protec
tion of rare, threatened or endangered ecosystems or
species, the relevant competent authority demonstrates
that the production of the raw material does not interfere
with those purposes. The sustainability criteria should con
sider forest as biodiverse where it is a primary forest in
accordance with the definition used by the Food and Agri
culture Organisation of the United Nations (FAO) in its
Global Forest Resource Assessment, which countries use
worldwide to report on the extent of primary forest or
where it is protected by national nature protection law.
Areas where collection of non-wood forest products occurs
should be included, provided the human impact is small.
Other types of forests as defined by the FAO, such as modi
fied natural forests, semi-natural forests and plantations,
should not be considered as primary forests. Having regard,
furthermore, to the highly biodiverse nature of certain
grasslands, both temperate and tropical, including highly
biodiverse savannahs, steppes, scrublands and prairies, bio
fuels made from raw materials originating in such lands
should not qualify for the incentives provided for by this
Directive. The Commission should establish appropriate
criteria and geographical ranges to define such highly
biodiverse grasslands in accordance with the best available
scientific evidence and relevant international standards.
(70) If land with high stocks of carbon in its soil or vegetation
is converted for the cultivation of raw materials for biofu
els or bioliquids, some of the stored carbon will generally
be released into the atmosphere, leading to the formation
of carbon dioxide. The resulting negative greenhouse gas
impact can offset the positive greenhouse gas impact of the
biofuels or bioliquids, in some cases by a wide margin. The
full carbon effects of such conversion should therefore be
L 140/24
EN Official Journal of the European Union 5.6.2009
accounted for in calculating the greenhouse gas emission
saving of particular biofuels and bioliquids. This is neces
sary to ensure that the greenhouse gas emission saving cal
culation takes into account the totality of the carbon effects
of the use of biofuels and bioliquids.
(71) In calculating the greenhouse gas impact of land conver
sion, economic operators should be able to use actual val
ues for the carbon stocks associated with the reference land
use and the land use after conversion. They should also be
able to use standard values. The work of the Intergovern
mental Panel on Climate Change is the appropriate basis
for such standard values. That work is not currently
expressed in a form that is immediately applicable by eco
nomic operators. The Commission should therefore pro
duce guidance drawing on that work to serve as the basis
for the calculation of carbon stock changes for the pur
poses of this Directive, including such changes to forested
areas with a canopy cover of between 10 to30%, savan
nahs, scrublands and prairies.
(72) It is appropriate for the Commission to develop method
ologies with a view to assessing the impact of the drainage
of peatlands on greenhouse gas emissions.
(73) Land should not be converted for the production of bio
fuels if its carbon stock loss upon conversion could not,
within a reasonable period, taking into account the urgency
of tackling climate change, be compensated by the green
house gas emission saving resulting from the production
of biofuels or bioliquids. This would prevent unnecessary,
burdensome research by economic operators and the con
version of high-carbon-stock land that would prove to be
ineligible for producing raw materials for biofuels and
bioliquids. Inventories of worldwide carbon stocks indicate
that wetlands and continuously forested areas with a
canopy cover of more than 30% should be included in
that category. Forested areas with a canopy cover of
between 10 and30% should also be included, unless there
is evidence demonstrating that their carbon stock is suffi
ciently low to justify their conversion in accordance with
the rules laid down in this Directive. The reference to wet
lands should take into account the definition laid down in
the Convention on Wetlands of International Importance,
especially as Waterfowl Habitat, adopted on 2 February
1971 in Ramsar.
(74) The incentives provided for in this Directive will encour
age increased production of biofuels and bioliquids world
wide. Where biofuels and bioliquids are made from raw
material produced within the Community, they should
also comply with Community environmental requirements
for agriculture, including those concerning the protection
of groundwater and surface water quality, and with social
requirements. However, there is a concern that production
of biofuels and bioliquids in certain third countries might
not respect minimum environmental or social require
ments. It is therefore appropriate to encourage the devel
opment of multilateral and bilateral agreements and
voluntary international or national schemes that cover key
environmental and social considerations, in order to pro
mote the production of biofuels and bioliquids worldwide
in a sustainable manner. In the absence of such agreements
or schemes, Member States should require economic
operators to report on those issues.
(75) The requirements for a sustainability scheme for energy
uses of biomass, other than bioliquids and biofuels, should
be analysed by the Commission in 2009, taking into
account the need for biomass resources to be managed in
a sustainable manner.
(76) Sustainability criteria will be effective only if they lead to
changes in the behaviour of market actors. Those changes
will occur only if biofuels and bioliquids meeting those cri
teria command a price premium compared to those that
do not. According to the mass balance method of verify
ing compliance, there is a physical link between the pro
duction of biofuels and bioliquids meeting the
sustainability criteria and the consumption of biofuels and
bioliquids in the Community, providing an appropriate
balance between supply and demand and ensuring a price
premium that is greater than in systems where there is no
such link. To ensure that biofuels and bioliquids meeting
the sustainability criteria can be sold at a higher price, the
mass balance method should therefore be used to verify
compliance. This should maintain the integrity of the sys
tem while at the same time avoiding the imposition of an
unreasonable burden on industry. Other verification meth
ods should, however, be reviewed.
(77) Where appropriate, the Commission should take due
account of the Millennium Ecosystem Assessment which
contains useful data for the conservation of at least those
areas that provide basic ecosystem services in critical situ
ations such as watershed protection and erosion control.
(78) It is appropriate to monitor the impact of biomass cultiva
tion, such as through land-use changes, including displace
ment, the introduction of invasive alien species and other
effects on biodiversity, and effects on food production and
local prosperity. The Commission should consider all rel
evant sources of information, including the FAO hunger
map. Biofuels should be promoted in a manner that
encourages greater agricultural productivity and the use of
degraded land.
5.6.2009
EN Official Journal of the European Union L 140/25
(79) It is in the interests of the Community to encourage the
development of multilateral and bilateral agreements and
voluntary international or national schemes that set stan
dards for the production of sustainable biofuels and
bioliquids, and that certify that the production of biofuels
and bioliquids meets those standards. For that reason, pro
vision should be made for such agreements or schemes to
be recognised as providing reliable evidence and data, pro
vided that they meet adequate standards of reliability,
transparency and independent auditing.
(80) It is necessary to lay down clear rules for the calculation of
greenhouse gas emissions from biofuels and bioliquids and
their fossil fuel comparators.
(81) Co-products from the production and use of fuels should
be taken into account in the calculation of greenhouse gas
emissions. The substitution method is appropriate for the
purposes of policy analysis, but not for the regulation of
individual economic operators and individual consign
ments of transport fuels. In those cases the energy alloca
tion method is the most appropriate method, as it is easy
to apply, is predictable over time, minimises counter-
productive incentives and produces results that are gener
ally comparable with those produced by the substitution
method. For the purposes of policy analysis the Commis
sion should also, in its reporting, present results using the
substitution method.
(82) In order to avoid a disproportionate administrative burden,
a list of default values should be laid down for common
biofuel production pathways and that list should be
updated and expanded when further reliable data is avail
able. Economic operators should always be entitled to
claim the level of greenhouse gas emission saving for bio
fuels and bioliquids established by that list. Where the
default value for greenhouse gas emission saving from a
production pathway lies below the required minimum
level of greenhouse gas emission saving, producers wish
ing to demonstrate their compliance with this minimum
level should be required to show that actual emissions from
their production process are lower than those that were
assumed in the calculation of the default values.
(83) It is appropriate for the data used in the calculation of the
default values to be obtained from independent, scientifi
cally expert sources and to be updated as appropriate as
those sources progress their work. The Commission should
encourage those sources to address, when they update their
work, emissions from cultivation, the effect of regional and
climatological conditions, the effects of cultivation using
sustainable agricultural and organic farming methods, and
the scientific contribution of producers, within the Com
munity and in third countries, and civil society.
(84) In order to avoid encouraging the cultivation of raw mate
rials for biofuels and bioliquids in places where this would
lead to high greenhouse gas emissions, the use of default
values for cultivation should be limited to regions where
such an effect can reliably be ruled out. However, to avoid
a disproportionate administrative burden, it is appropriate
for Member States to establish national or regional aver
ages for emissions from cultivation, including from fertil
iser use.
(85) Global demand for agricultural commodities is growing.
Part of that increased demand will be met through an
increase in the amount of land devoted to agriculture. The
restoration of land that has been severely degraded or
heavily contaminated and therefore cannot be used, in its
present state, for agricultural purposes is a way of increas
ing the amount of land available for cultivation. The sus
tainability scheme should promote the use of restored
degraded land because the promotion of biofuels and
bioliquids will contribute to the growth in demand for
agricultural commodities. Even if biofuels themselves are
made using raw materials from land already in arable use,
the net increase in demand for crops caused by the pro
motion of biofuels could lead to a net increase in the
cropped area. This could affect high carbon stock land,
which would result in damaging carbon stock losses. To
alleviate that risk, it is appropriate to introduce accompa
nying measures to encourage an increased rate of produc
tivity on land already used for crops, the use of degraded
land, and the adoption of sustainability requirements, com
parable to those laid down in this Directive for Commu
nity biofuel consumption, in other biofuel-consuming
countries. The Commission should develop a concrete
methodology to minimise greenhouse gas emissions
caused by indirect land-use changes. To this end, the Com
mission should analyse, on the basis of best available sci
entific evidence, in particular, the inclusion of a factor for
indirect land-use changes in the calculation of greenhouse
gas emissions and the need to incentivise sustainable bio
fuels which minimise the impacts of land-use change and
improve biofuel sustainability with respect to indirect land-
use change. In developing that methodology, the Commis
sion should address, inter alia, the potential indirect land-
use changes resulting from biofuels produced from non-
food cellulosic material and from ligno-cellulosic material.
(86) In order to permit the achievement of an adequate market
share of biofuels, it is necessary to ensure the placing on
the market of higher blends of biodiesel in diesel than those
envisaged by standard EN590/2004.
(87) In order to ensure that biofuels that diversify the range of
feedstocks used become commercially viable, those biofu
els should receive an extra weighting under national bio
fuel obligations.
(
1
)
(
2
)
(
3
)
L 140/26 EN Official Journal of the European Union 5.6.2009
(88) Regular reporting is needed to ensure a continuing focus
on progress in the development of energy from renewable
sources at national and Community level. It is appropriate
to require the use of a harmonised template for national
renewable energy action plans which Member States
should submit. Such plans could include estimated costs
and benefits of the measures envisaged, measures relating
to the necessary extension or reinforcement of the existing
grid infrastructure, estimated costs and benefits to develop
energy from renewable sources in excess of the level
required by the indicative trajectory, information on
national support schemes and information on their use of
energy from renewable sources in new or renovated
buildings.
(89) When designing their support systems, Member States may
encourage the use of biofuels which give additional ben
efits, including the benefits of diversification offered by
biofuels made from waste, residues, non-food cellulosic
material, ligno-cellulosic material and algae, as well as non-
irrigated plants grown in arid areas to fight desertification,
by taking due account of the different costs of producing
energy from traditional biofuels on the one hand and of
those biofuels that give additional benefits on the other.
Member States may encourage investment in research and
development in relation to those and other renewable
energy technologies that need time to become competitive.
(90) The implementation of this Directive should reflect, where
relevant, the provisions of the Convention on Access to
Information, Public Participation in Decision-Making and
Access to Justice in Environmental Matters, in particular as
implemented through Directive 2003/4/EC of the Euro
pean Parliament and of the Council of 28January 2003 on
public access to environmental information
(
1
) OJL41, 14.2.2003, p.26.
.
(91) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28June 1999 laying down the
procedures for the exercise of implementing powers con
ferred on the Commission
(
2
) OJL184, 17.7.1999, p.23.
.
(92) In particular, the Commission should be empowered to
adapt the methodological principles and values necessary
for assessing whether sustainability criteria have been ful
filled in relation to biofuels and bioliquids, to adapt the
energy content of transport fuels to technical and scientific
progress, to establish criteria and geographic ranges for
determining highly biodiverse grassland, and to establish
detailed definitions for severely degraded or contaminated
land. Since those measures are of general scope and are
designed to amend non-essential elements of this Directive,
inter alia, by supplementing it with new non-essential ele
ments, they must be adopted in accordance with the regu
latory procedure with scrutiny provided for in Article5a of
Decision 1999/468/EC.
(93) Those provisions of Directive 2001/77/EC and Directive
2003/30/EC that overlap with the provisions of this Direc
tive should be deleted from the latest possible moment for
transposition of this Directive. Those that deal with targets
and reporting for 2010 should remain in force until the
end of 2011. It is therefore necessary to amend Directive
2001/77/EC and Directive 2003/30/EC accordingly.
(94) Since the measures provided for in Articles17 to19 also
have an effect on the functioning of the internal market by
harmonising the sustainability criteria for biofuels and
bioliquids for the target accounting purposes under this
Directive, and thus facilitate, in accordance with
Article17(8), trade between Member States in biofuels and
bioliquids which comply with those conditions, they are
based on Article95 of the Treaty.
(95) The sustainability scheme should not prevent Member
States from taking into account, in their national support
schemes, the higher production cost of biofuels and
bioliquids that deliver benefits that exceed the minima laid
down in the sustainability scheme.
(96) Since the general objectives of this Directive, namely to
achieve a 20% share of energy from renewable sources in
the Community’s gross final consumption of energy and a
10% share of energy from renewable sources in each
Member State’s transport energy consumption by 2020,
cannot be sufficiently achieved by the Member States and
can therefore, by reason of the scale of the action, be bet
ter achieved at Community level, the Community may
adopt measures, in accordance with the principle of sub
sidiarity as set out in Article5 of the Treaty. In accordance
with the principle of proportionality, as set out in that
Article, this Directive does not go beyond what is neces
sary in order to achieve those objectives.
(97) In accordance with point34 of the Interinstitutional agree
ment on better law-making
(
3
) OJC321, 31.12.2003, p.1.
, Member States are encour
aged to draw up, for themselves and in the interest of the
Community, their own tables illustrating, as far as possible,
the correlation between this Directive and the transposi
tion measures and to make them public,
5.6.2009
EN Official Journal of the European Union L 140/27
HAVE ADOPTED THIS DIRECTIVE:
Article1
Subject matter and scope
This Directive establishes a common framework for the promo
tion of energy from renewable sources. It sets mandatory national
targets for the overall share of energy from renewable sources in
gross final consumption of energy and for the share of energy
from renewable sources in transport. It lays down rules relating
to statistical transfers between Member States, joint projects
between Member States and with third countries, guarantees of
origin, administrative procedures, information and training, and
access to the electricity grid for energy from renewable sources. It
establishes sustainability criteria for biofuels and bioliquids.
Article2
Definitions
For the purposes of this Directive, the definitions in Directive
2003/54/EC apply.
The following definitions also apply:
(a) ‘energy from renewable sources’ means energy from renew
able non-fossil sources, namely wind, solar, aerothermal,
geothermal, hydrothermal and ocean energy, hydropower,
biomass, landfill gas, sewage treatment plant gas and
biogases;
(b) ‘aerothermal energy’ means energy stored in the form of heat
in the ambient air;
(c) ‘geothermal energy’ means energy stored in the form of heat
beneath the surface of solid earth;
(d) ‘hydrothermal energy’ means energy stored in the form of
heat in surface water;
(e) ‘biomass’ means the biodegradable fraction of products,
waste and residues from biological origin from agriculture
(including vegetal and animal substances), forestry and
related industries including fisheries and aquaculture, as well
as the biodegradable fraction of industrial and municipal
waste;
(f) ‘gross final consumption of energy’ means the energy com
modities delivered for energy purposes to industry, transport,
households, services including public services, agriculture,
forestry and fisheries, including the consumption of electric
ity and heat by the energy branch for electricity and heat pro
duction and including losses of electricity and heat in
distribution and transmission;
(g) ‘district heating’ or ‘district cooling’ means the distribution of
thermal energy in the form of steam, hot water or chilled liq
uids, from a central source of production through a network
to multiple buildings or sites, for the use of space or process
heating or cooling;
(h) ‘bioliquids’ means liquid fuel for energy purposes other than
for transport, including electricity and heating and cooling,
produced from biomass;
(i) ‘biofuels’ means liquid or gaseous fuel for transport produced
from biomass;
(j) ‘guarantee of origin’ means an electronic document which
has the sole function of providing proof to a final customer
that a given share or quantity of energy was produced from
renewable sources as required by Article 3(6) of Directive
2003/54/EC;
(k) ‘support scheme’ means any instrument, scheme or mecha
nism applied by a Member State or a group of Member States,
that promotes the use of energy from renewable sources by
reducing the cost of that energy, increasing the price at which
it can be sold, or increasing, by means of a renewable energy
obligation or otherwise, the volume of such energy pur
chased. This includes, but is not restricted to, investment aid,
tax exemptions or reductions, tax refunds, renewable energy
obligation support schemes including those using green cer
tificates, and direct price support schemes including feed-in
tariffs and premium payments;
(l) ‘renewable energy obligation’ means a national support
scheme requiring energy producers to include a given pro
portion of energy from renewable sources in their produc
tion, requiring energy suppliers to include a given proportion
of energy from renewable sources in their supply, or requir
ing energy consumers to include a given proportion of
energy from renewable sources in their consumption. This
includes schemes under which such requirements may be ful
filled by using green certificates;
(m) ‘actual value’ means the greenhouse gas emission saving for
some or all of the steps of a specific biofuel production pro
cess calculated in accordance with the methodology laid
down in part C of AnnexV;
(n) ‘typical value’ means an estimate of the representative green
house gas emission saving for a particular biofuel production
pathway;
(o) ‘default value’ means a value derived from a typical value by
the application of pre-determined factors and that may, in
circumstances specified in this Directive, be used in place of
an actual value.
L 140/28
EN Official Journal of the European Union 5.6.2009
Article3
Mandatory national overall targets and measures for the
use of energy from renewable sources
1. Each Member State shall ensure that the share of energy
from renewable sources, calculated in accordance with Articles5
to11, in gross final consumption of energy in 2020 is at least its
national overall target for the share of energy from renewable
sources in that year, as set out in the third column of the table in
part A of AnnexI. Such mandatory national overall targets are
consistent with a target of at least a 20% share of energy from
renewable sources in the Community’s gross final consumption
of energy in 2020. In order to achieve the targets laid down in this
Article more easily, each Member State shall promote and encour
age energy efficiency and energy saving.
2. Member States shall introduce measures effectively designed
to ensure that the share of energy from renewable sources equals
or exceeds that shown in the indicative trajectory set out in part
B of AnnexI.
3. In order to reach the targets set in paragraphs1 and2 of this
Article Member States may, inter alia, apply the following
measures:
(a) support schemes;
(b) measures of cooperation between different Member States
and with third countries for achieving their national overall
targets in accordance with Articles5 to11.
Without prejudice to Articles87 and88 of the Treaty, Member
States shall have the right to decide, in accordance with Articles5
to11 of this Directive, to which extent they support energy from
renewable sources which is produced in a different Member State.
4. Each Member State shall ensure that the share of energy
from renewable sources in all forms of transport in 2020 is at
least 10% of the final consumption of energy in transport in that
Member State.
For the purposes of this paragraph, the following provisions shall
apply:
(a) for the calculation of the denominator, that is the total
amount of energy consumed in transport for the purposes of
the first subparagraph, only petrol, diesel, biofuels consumed
in road and rail transport, and electricity shall be taken into
account;
(b) for the calculation of the numerator, that is the amount of
energy from renewable sources consumed in transport for
the purposes of the first subparagraph, all types of energy
from renewable sources consumed in all forms of transport
shall be taken into account;
(c) for the calculation of the contribution from electricity pro
duced from renewable sources and consumed in all types of
electric vehicles for the purpose of points(a) and(b), Mem
ber States may choose to use either the average share of elec
tricity from renewable energy sources in the Community or
the share of electricity from renewable energy sources in their
own country as measured two years before the year in ques
tion. Furthermore, for the calculation of the electricity from
renewable energy sources consumed by electric road vehicles,
that consumption shall be considered to be 2,5 times the
energy content of the input of electricity from renewable
energy sources.
By 31December 2011, the Commission shall present, if appro
priate, a proposal permitting, subject to certain conditions, the
whole amount of the electricity originating from renewable
sources used to power all types of electric vehicles to be
considered.
By 31 December 2011, the Commission shall also present, if
appropriate, a proposal for a methodology for calculating the
contribution of hydrogen originating from renewable sources in
the total fuel mix.
Article4
National renewable energy action plans
1. Each Member State shall adopt a national renewable energy
action plan. The national renewable energy action plans shall set
out Member States’ national targets for the share of energy from
renewable sources consumed in transport, electricity and heating
and cooling in 2020, taking into account the effects of other
policy measures relating to energy efficiency on final consump
tion of energy, and adequate measures to be taken to achieve
those national overall targets, including cooperation between
local, regional and national authorities, planned statistical trans
fers or joint projects, national policies to develop existing biom
ass resources and mobilise new biomass resources for different
uses, and the measures to be taken to fulfil the requirements of
Articles13 to19.
By 30June 2009, the Commission shall adopt a template for the
national renewable energy action plans. That template shall com
prise the minimum requirements set out in AnnexVI. Member
States shall comply with that template in the presentation of their
national renewable energy action plans.
2. Member States shall notify their national renewable energy
action plans to the Commission by 30June 2010.
3. Each Member State shall publish and notify to the Commis
sion, six months before its national renewable energy action plan
is due, a forecast document indicating:
(a) its estimated excess production of energy from renewable
sources compared to the indicative trajectory which could be
transferred to other Member States in accordance with
Articles6 to11, as well as its estimated potential for joint
projects, until 2020; and
(b) its estimated demand for energy from renewable sources to
be satisfied by means other than domestic production until
2020.
5.6.2009
EN Official Journal of the European Union L 140/29
That information may include elements relating to cost and ben
efits and financing. That forecast shall be updated in the reports
of the Member States as set out in Article22(1)(l) and(m).
4. A Member State whose share of energy from renewable
sources fell below the indicative trajectory in the immediately pre
ceding two-year period set out in part B of AnnexI, shall submit
an amended national renewable energy action plan to the Com
mission by 30June of the following year, setting out adequate and
proportionate measures to rejoin, within a reasonable timetable,
the indicative trajectory in part B of AnnexI.
The Commission may, if the Member State has not met the
indicative trajectory by a limited margin, and taking due account
of the current and future measures taken by the Member State,
adopt a decision to release the Member State from the obligation
to submit an amended national renewable energy action plan.
5. The Commission shall evaluate the national renewable
energy action plans, notably the adequacy of the measures envis
aged by the Member State in accordance with Article 3(2). In
response to a national renewable energy action plan or to an
amended national renewable energy action plan, the Commission
may issue a recommendation.
6. The Commission shall send to the European Parliament the
national renewable energy action plans and the forecast docu
ments in the form as made public on the transparency platform
as referred to in Article24(2), as well as any recommendation as
referred to in paragraph5 of this Article.
Article5
Calculation of the share of energy from renewable sources
1. The gross final consumption of energy from renewable
sources in each Member State shall be calculated as the sum of:
(a) gross final consumption of electricity from renewable energy
sources;
(b) gross final consumption of energy from renewable sources
for heating and cooling; and
(c) final consumption of energy from renewable sources in
transport.
Gas, electricity and hydrogen from renewable energy sources shall
be considered only once in point(a), (b), or(c) of the first sub
paragraph, for calculating the share of gross final consumption of
energy from renewable sources.
Subject to the second subparagraph of Article17(1), biofuels and
bioliquids that do not fulfil the sustainability criteria set out in
Article17(2) to(6) shall not be taken into account.
2. Where a Member State considers that, due to force majeure,
it is impossible for it to meet its share of energy from renewable
sources in gross final consumption of energy in 2020 set out in
the third column of the table in AnnexI, it shall inform the Com
mission accordingly as soon as possible. The Commission shall
adopt a decision on whether force majeure has been demon
strated. In the event that the Commission decides that force
majeure has been demonstrated, it shall determine what adjust
ment shall be made to the Member State’s gross final consump
tion of energy from renewable sources for the year 2020.
3. For the purposes of paragraph1(a), gross final consumption
of electricity from renewable energy sources shall be calculated as
the quantity of electricity produced in a Member State from
renewable energy sources, excluding the production of electricity
in pumped storage units from water that has previously been
pumped uphill.
In multi-fuel plants using renewable and conventional sources,
only the part of electricity produced from renewable energy
sources shall be taken into account. For the purposes of this cal
culation, the contribution of each energy source shall be calcu
lated on the basis of its energy content.
The electricity generated by hydropower and wind power shall be
accounted for in accordance with the normalisation rules set out
in AnnexII.
4. For the purposes of paragraph 1(b), the gross final con
sumption of energy from renewable sources for heating and cool
ing shall be calculated as the quantity of district heating and
cooling produced in a Member State from renewable sources, plus
the consumption of other energy from renewable sources in
industry, households, services, agriculture, forestry and fisheries,
for heating, cooling and processing purposes.
In multi-fuel plants using renewable and conventional sources,
only the part of heating and cooling produced from renewable
energy sources shall be taken into account. For the purposes of
this calculation, the contribution of each energy source shall be
calculated on the basis of its energy content.
Aerothermal, geothermal and hydrothermal heat energy captured
by heat pumps shall be taken into account for the purposes of
paragraph1(b) provided that the final energy output significantly
exceeds the primary energy input required to drive the heat
pumps. The quantity of heat to be considered as energy from
renewable sources for the purposes of this Directive shall be cal
culated in accordance with the methodology laid down in
AnnexVII.
Thermal energy generated by passive energy systems, under which
lower energy consumption is achieved passively through build
ing design or from heat generated by energy from non-renewable
sources, shall not be taken into account for the purposes of
paragraph1(b).
5. The energy content of the transport fuels listed in AnnexIII
shall be taken to be as set out in that Annex. AnnexIII may be
adapted to technical and scientific progress. Those measures,
designed to amend non-essential elements of this Directive, shall
be adopted in accordance with the regulatory procedure with
scrutiny referred to in Article25(4).
(
1
)
L 140/30 EN Official Journal of the European Union 5.6.2009
6. The share of energy from renewable sources shall be calcu
lated as the gross final consumption of energy from renewable
sources divided by the gross final consumption of energy from all
energy sources, expressed as a percentage.
For the purposes of the first subparagraph, the sum referred to in
paragraph1 shall be adjusted in accordance with Articles6, 8, 10
and11.
In calculating a Member State’s gross final energy consumption
for the purpose of measuring its compliance with the targets and
indicative trajectory laid down in this Directive, the amount of
energy consumed in aviation shall, as a proportion of that Mem
ber State’s gross final consumption of energy, be considered to be
no more than 6,18%. For Cyprus and Malta the amount of energy
consumed in aviation shall, as a proportion of those Member
States’ gross final consumption of energy, be considered to be no
more than 4,12%.
7. The methodology and definitions used in the calculation of
the share of energy from renewable sources shall be those of
Regulation (EC) No1099/2008 of the European Parliament and
of the Council of 22October 2008 on energy statistics
(
1
) OJL304, 14.11.2008, p.1.
.
Member States shall ensure coherence of statistical information
used in calculating those sectoral and overall shares and statisti
cal information reported to the Commission under Regulation
(EC) No1099/2008.
Article6
Statistical transfers between Member States
1. Member States may agree on and may make arrangements
for the statistical transfer of a specified amount of energy from
renewable sources from one Member State to another Member
State. The transferred quantity shall be:
(a) deducted from the amount of energy from renewable sources
that is taken into account in measuring compliance by the
Member State making the transfer with the requirements of
Article3(1) and(2); and
(b) added to the amount of energy from renewable sources that
is taken into account in measuring compliance by another
Member State accepting the transfer with the requirements of
Article3(1) and(2).
A statistical transfer shall not affect the achievement of the
national target of the Member State making the transfer.
2. The arrangements referred to in paragraph 1 may have a
duration of one or more years. They shall be notified to the Com
mission no later than three months after the end of each year in
which they have effect. The information sent to the Commission
shall include the quantity and price of the energy involved.
3. Transfers shall become effective only after all Member States
involved in the transfer have notified the transfer to the
Commission.
Article7
Joint projects between Member States
1. Two or more Member States may cooperate on all types of
joint projects relating to the production of electricity, heating or
cooling from renewable energy sources. That cooperation may
involve private operators.
2. Member States shall notify the Commission of the propor
tion or amount of electricity, heating or cooling from renewable
energy sources produced by any joint project in their territory,
that became operational after 25June 2009, or by the increased
capacity of an installation that was refurbished after that date,
which is to be regarded as counting towards the national overall
target of another Member State for the purposes of measuring
compliance with the requirements of this Directive.
3. The notification referred to in paragraph2 shall:
(a) describe the proposed installation or identify the refurbished
installation;
(b) specify the proportion or amount of electricity or heating or
cooling produced from the installation which is to be
regarded as counting towards the national overall target of
another Member State;
(c) identify the Member State in whose favour the notification is
being made; and
(d) specify the period, in whole calendar years, during which the
electricity or heating or cooling produced by the installation
from renewable energy sources is to be regarded as counting
towards the national overall target of the other Member State.
4. The period specified under paragraph3(d) shall not extend
beyond 2020. The duration of a joint project may extend beyond
2020.
5. A notification made under this Article shall not be varied or
withdrawn without the joint agreement of the Member State mak
ing the notification and the Member State identified in accordance
with paragraph3(c).
Article8
Effects of joint projects between Member States
1. Within three months of the end of each year falling within
the period specified under Article7(3)(d), the Member State that
made the notification under Article7 shall issue a letter of noti
fication stating:
(a) the total amount of electricity or heating or cooling produced
during the year from renewable energy sources by the instal
lation which was the subject of the notification under
Article7; and
5.6.2009
EN Official Journal of the European Union L 140/31
(b) the amount of electricity or heating or cooling produced dur
ing the year from renewable energy sources by that installa
tion which is to count towards the national overall target of
another Member State in accordance with the terms of the
notification.
2. The notifying Member State shall send the letter of notifi
cation to the Member State in whose favour the notification was
made and to the Commission.
3. For the purposes of measuring target compliance with the
requirements of this Directive concerning national overall targets,
the amount of electricity or heating or cooling from renewable
energy sources notified in accordance with paragraph1(b) shall
be:
(a) deducted from the amount of electricity or heating or cool
ing from renewable energy sources that is taken into account,
in measuring compliance by the Member State issuing the let
ter of notification under paragraph1; and
(b) added to the amount of electricity or heating or cooling from
renewable energy sources that is taken into account, in mea
suring compliance by the Member State receiving the letter of
notification in accordance with paragraph2.
Article9
Joint projects between Member States and third countries
1. One or more Member States may cooperate with one or
more third countries on all types of joint projects regarding the
production of electricity from renewable energy sources. Such
cooperation may involve private operators.
2. Electricity from renewable energy sources produced in a
third country shall be taken into account only for the purposes of
measuring compliance with the requirements of this Directive
concerning national overall targets if the following conditions are
met:
(a) the electricity is consumed in the Community, a requirement
that is deemed to be met where:
(i) an equivalent amount of electricity to the electricity
accounted for has been firmly nominated to the allo
cated interconnection capacity by all responsible trans
mission system operators in the country of origin, the
country of destination and, if relevant, each third coun
try of transit;
(ii) an equivalent amount of electricity to the electricity
accounted for has been firmly registered in the schedule
of balance by the responsible transmission system opera
tor on the Community side of an interconnector; and
(iii) the nominated capacity and the production of electricity
from renewable energy sources by the installation
referred to in paragraph2(b) refer to the same period of
time;
(b) the electricity is produced by a newly constructed installation
that became operational after 25 June 2009 or by the
increased capacity of an installation that was refurbished after
that date, under a joint project as referred to in paragraph1;
and
(c) the amount of electricity produced and exported has not
received support from a support scheme of a third country
other than investment aid granted to the installation.
3. Member States may apply to the Commission, for the pur
poses of Article 5, for account to be taken of electricity from
renewable energy sources produced and consumed in a third
country, in the context of the construction of an interconnector
with a very long lead-time between a Member State and a third
country if the following conditions are met:
(a) construction of the interconnector started by 31December
2016;
(b) it is not possible for the interconnector to become opera
tional by 31December 2020;
(c) it is possible for the interconnector to become operational by
31December 2022;
(d) after it becomes operational, the interconnector will be used
for the export to the Community, in accordance with para
graph 2, of electricity generated from renewable energy
sources;
(e) the application relates to a joint project that fulfils the crite
ria in points(b) and(c) of paragraph2 and that will use the
interconnector after it becomes operational, and to a quan
tity of electricity that is no greater than the quantity that will
be exported to the Community after the interconnector
becomes operational.
4. The proportion or amount of electricity produced by any
installation in the territory of a third country, which is to be
regarded as counting towards the national overall target of one or
more Member States for the purposes of measuring compliance
with Article3, shall be notified to the Commission. When more
than one Member State is concerned, the distribution between
Member States of this proportion or amount shall be notified to
the Commission. This proportion or amount shall not exceed the
proportion or amount actually exported to, and consumed in, the
Community, corresponding to the amount referred to in para
graph2(a)(i) and(ii) of this Article and meeting the conditions as
set out in its paragraph(2)(a). The notification shall be made by
each Member State towards whose overall national target the pro
portion or amount of electricity is to count.
5. The notification referred to in paragraph4 shall:
(a) describe the proposed installation or identify the refurbished
installation;
(b) specify the proportion or amount of electricity produced
from the installation which is to be regarded as counting
towards the national target of a Member State as well as, sub
ject to confidentiality requirements, the corresponding finan
cial arrangements;
L 140/32
EN Official Journal of the European Union 5.6.2009
(c) specify the period, in whole calendar years, during which the
electricity is to be regarded as counting towards the national
overall target of the Member State; and
(d) include a written acknowledgement of points(b) and(c) by
the third country in whose territory the installation is to
become operational and the proportion or amount of elec
tricity produced by the installation which will be used domes
tically by that third country.
6. The period specified under paragraph5(c) shall not extend
beyond 2020. The duration of a joint project may extend beyond
2020.
7. A notification made under this Article may not be varied or
withdrawn without the joint agreement of the Member State mak
ing the notification and the third country that has acknowledged
the joint project in accordance with paragraph5(d).
8. Member States and the Community shall encourage the rel
evant bodies of the Energy Community Treaty to take, in confor
mity with the Energy Community Treaty, the measures which are
necessary so that the Contracting Parties to that Treaty can apply
the provisions on cooperation laid down in this Directive between
Member States.
Article10
Effects of joint projects between Member States and third
countries
1. Within three months of the end of each year falling within
the period specified under Article9(5)(c), the Member State hav
ing made the notification under Article9 shall issue a letter of
notification stating:
(a) the total amount of electricity produced during that year
from renewable energy sources by the installation which was
the subject of the notification under Article9;
(b) the amount of electricity produced during the year from
renewable energy sources by that installation which is to
count towards its national overall target in accordance with
the terms of the notification under Article9; and
(c) proof of compliance with the conditions set out in
Article9(2).
2. The Member State shall send the letter of notification to the
third country which has acknowledged the project in accordance
with Article9(5)(d) and to the Commission.
3. For the purposes of measuring target compliance with the
requirements of this Directive concerning national overall targets,
the amount of electricity produced from renewable energy sources
notified in accordance with paragraph1(b) shall be added to the
amount of energy from renewable sources that is taken into
account, in measuring compliance by the Member State issuing
the letter of notification.
Article11
Joint support schemes
1. Without prejudice to the obligations of Member States
under Article3, two or more Member States may decide, on a vol
untary basis, to join or partly coordinate their national support
schemes. In such cases, a certain amount of energy from renew
able sources produced in the territory of one participating Mem
ber State may count towards the national overall target of another
participating Member State if the Member States concerned:
(a) make a statistical transfer of specified amounts of energy
from renewable sources from one Member State to another
Member State in accordance with Article6; or
(b) set up a distribution rule agreed by participating Member
States that allocates amounts of energy from renewable
sources between the participating Member States. Such a rule
shall be notified to the Commission no later than three
months after the end of the first year in which it takes effect.
2. Within three months of the end of each year each Member
State having made a notification under paragraph1(b) shall issue
a letter of notification stating the total amount of electricity or
heating or cooling from renewable energy sources produced dur
ing the year which is to be the subject of the distribution rule.
3. For the purposes of measuring compliance with the require
ments of this Directive concerning national overall targets, the
amount of electricity or heating or cooling from renewable energy
sources notified in accordance with paragraph2 shall be reallo
cated between the concerned Member States in accordance with
the notified distribution rule.
Article12
Capacity increases
For the purpose of Article7(2) and Article9(2)(b), units of energy
from renewable sources imputable to an increase in the capacity
of an installation shall be treated as if they were produced by a
separate installation becoming operational at the moment at
which the increase of capacity occurred.
Article13
Administrative procedures, regulations and codes
1. Member States shall ensure that any national rules concern
ing the authorisation, certification and licensing procedures that
are applied to plants and associated transmission and distribution
network infrastructures for the production of electricity, heating
or cooling from renewable energy sources, and to the process of
transformation of biomass into biofuels or other energy products,
are proportionate and necessary.
(
1
)
5.6.2009 EN Official Journal of the European Union L 140/33
Member States shall, in particular, take the appropriate steps to
ensure that:
(a) subject to differences between Member States in their admin
istrative structures and organisation, the respective responsi
bilities of national, regional and local administrative bodies
for authorisation, certification and licensing procedures
including spatial planning are clearly coordinated and
defined, with transparent timetables for determining plan
ning and building applications;
(b) comprehensive information on the processing of authorisa
tion, certification and licensing applications for renewable
energy installations and on available assistance to applicants
are made available at the appropriate level;
(c) administrative procedures are streamlined and expedited at
the appropriate administrative level;
(d) rules governing authorisation, certification and licensing are
objective, transparent, proportionate, do not discriminate
between applicants and take fully into account the particu
larities of individual renewable energy technologies;
(e) administrative charges paid by consumers, planners, archi
tects, builders and equipment and system installers and sup
pliers are transparent and cost-related; and
(f) simplified and less burdensome authorisation procedures,
including through simple notification if allowed by the appli
cable regulatory framework, are established for smaller
projects and for decentralised devices for producing energy
from renewable sources, where appropriate.
2. Member States shall clearly define any technical specifica
tions which must be met by renewable energy equipment and sys
tems in order to benefit from support schemes. Where European
standards exist, including eco-labels, energy labels and other tech
nical reference systems established by the European standardisa
tion bodies, such technical specifications shall be expressed in
terms of those standards. Such technical specifications shall not
prescribe where the equipment and systems are to be certified and
should not impede the operation of the internal market.
3. Member States shall recommend to all actors, in particular
local and regional administrative bodies to ensure equipment and
systems are installed for the use of electricity, heating and cooling
from renewable energy sources and for district heating and cool
ing when planning, designing, building and renovating industrial
or residential areas. Member States shall, in particular, encourage
local and regional administrative bodies to include heating and
cooling from renewable energy sources in the planning of city
infrastructure, where appropriate.
4. Member States shall introduce in their building regulations
and codes appropriate measures in order to increase the share of
all kinds of energy from renewable sources in the building sector.
In establishing such measures or in their regional support
schemes, Member States may take into account national measures
relating to substantial increases in energy efficiency and relating
to cogeneration and to passive, low or zero-energy buildings.
By 31 December 2014, Member States shall, in their building
regulations and codes or by other means with equivalent effect,
where appropriate, require the use of minimum levels of energy
from renewable sources in new buildings and in existing build
ings that are subject to major renovation. Member States shall
permit those minimum levels to be fulfilled, inter alia, through
district heating and cooling produced using a significant propor
tion of renewable energy sources.
The requirements of the first subparagraph shall apply to the
armed forces, only to the extent that its application does not cause
any conflict with the nature and primary aim of the activities of
the armed forces and with the exception of material used exclu
sively for military purposes.
5. Member States shall ensure that new public buildings, and
existing public buildings that are subject to major renovation, at
national, regional and local level fulfil an exemplary role in the
context of this Directive from 1January 2012 onwards. Member
States may, inter alia, allow that obligation to be fulfilled by com
plying with standards for zero energy housing, or by providing
that the roofs of public or mixed private-public buildings are used
by third parties for installations that produce energy from renew
able sources.
6. With respect to their building regulations and codes, Mem
ber States shall promote the use of renewable energy heating and
cooling systems and equipment that achieve a significant reduc
tion of energy consumption. Member States shall use energy or
eco-labels or other appropriate certificates or standards developed
at national or Community level, where these exist, as the basis for
encouraging such systems and equipment.
In the case of biomass, Member States shall promote conversion
technologies that achieve a conversion efficiency of at least 85%
for residential and commercial applications and at least 70% for
industrial applications.
In the case of heat pumps, Member States shall promote those
that fulfil the minimum requirements of eco-labelling established
in Commission Decision 2007/742/EC of 9 November 2007
establishing the ecological criteria for the award of the Commu
nity eco-label to electrically driven, gas driven or gas absorption
heat pumps
(
1
) OJL301, 20.11.2007, p.14.
.
L 140/34
EN Official Journal of the European Union 5.6.2009
In the case of solar thermal energy, Member States shall promote
certified equipment and systems based on European standards
where these exist, including eco-labels, energy labels and other
technical reference systems established by the European stan
dardisation bodies.
In assessing the conversion efficiency and input/output ratio of
systems and equipment for the purposes of this paragraph, Mem
ber States shall use Community or, in their absence, international
procedures if such procedures exist.
Article14
Information and training
1. Member States shall ensure that information on support
measures is made available to all relevant actors, such as consum
ers, builders, installers, architects, and suppliers of heating, cool
ing and electricity equipment and systems and of vehicles
compatible with the use of energy from renewable sources.
2. Member States shall ensure that information on the net ben
efits, cost and energy efficiency of equipment and systems for the
use of heating, cooling and electricity from renewable energy
sources is made available either by the supplier of the equipment
or system or by the national competent authorities.
3. Member States shall ensure that certification schemes or
equivalent qualification schemes become or are available by
31December 2012 for installers of small-scale biomass boilers
and stoves, solar photovoltaic and solar thermal systems, shallow
geothermal systems and heat pumps. Those schemes may take
into account existing schemes and structures as appropriate, and
shall be based on the criteria laid down in AnnexIV. Each Mem
ber State shall recognise certification awarded by other Member
States in accordance with those criteria.
4. Member States shall make available to the public informa
tion on certification schemes or equivalent qualification schemes
as referred to in paragraph3. Member States may also make avail
able the list of installers who are qualified or certified in accor
dance with the provisions referred to in paragraph3.
5. Member States shall ensure that guidance is made available
to all relevant actors, notably for planners and architects so that
they are able properly to consider the optimal combination of
renewable energy sources, of high-efficiency technologies and of
district heating and cooling when planning, designing, building
and renovating industrial or residential areas.
6. Member States, with the participation of local and regional
authorities, shall develop suitable information, awareness-raising,
guidance or training programmes in order to inform citizens of
the benefits and practicalities of developing and using energy
from renewable sources.
Article15
Guarantees of origin of electricity, heating and cooling
produced from renewable energy sources
1. For the purposes of proving to final customers the share or
quantity of energy from renewable sources in an energy suppli
er’s energy mix in accordance with Article 3(6) of Directive
2003/54/EC, Member States shall ensure that the origin of elec
tricity produced from renewable energy sources can be guaran
teed as such within the meaning of this Directive, in accordance
with objective, transparent and non-discriminatory criteria.
2. To that end, Member States shall ensure that a guarantee of
origin is issued in response to a request from a producer of elec
tricity from renewable energy sources. Member States may
arrange for guarantees of origin to be issued in response to a
request from producers of heating and cooling from renewable
energy sources. Such an arrangement may be made subject to a
minimum capacity limit. A guarantee of origin shall be of the
standard size of 1 MWh. No more than one guarantee of origin
shall be issued in respect of each unit of energy produced.
Member States shall ensure that the same unit of energy from
renewable sources is taken into account only once.
Member States may provide that no support be granted to a pro
ducer when that producer receives a guarantee of origin for the
same production of energy from renewable sources.
The guarantee of origin shall have no function in terms of a Mem
ber State’s compliance with Article3. Transfers of guarantees of
origin, separately or together with the physical transfer of energy,
shall have no effect on the decision of Member States to use sta
tistical transfers, joint projects or joint support schemes for target
compliance or on the calculation of the gross final consumption
of energy from renewable sources in accordance with Article5.
3. Any use of a guarantee of origin shall take place within 12
months of production of the corresponding energy unit. A guar
antee of origin shall be cancelled once it has been used.
4. Member States or designated competent bodies shall super
vise the issuance, transfer and cancellation of guarantees of ori
gin. The designated competent bodies shall have non-overlapping
geographical responsibilities, and be independent of production,
trade and supply activities.
5. Member States or the designated competent bodies shall put
in place appropriate mechanisms to ensure that guarantees of ori
gin shall be issued, transferred and cancelled electronically and are
accurate, reliable and fraud-resistant.
6. A guarantee of origin shall specify at least:
(a) the energy source from which the energy was produced and
the start and end dates of production;
5.6.2009
EN Official Journal of the European Union L 140/35
(b) whether it relates to:
(i) electricity; or
(ii) heating or cooling;
(c) the identity, location, type and capacity of the installation
where the energy was produced;
(d) whether and to what extent the installation has benefited
from investment support, whether and to what extent the
unit of energy has benefited in any other way from a national
support scheme, and the type of support scheme;
(e) the date on which the installation became operational; and
(f) the date and country of issue and a unique identification
number.
7. Where an electricity supplier is required to prove the share
or quantity of energy from renewable sources in its energy mix
for the purposes of Article3(6) of Directive 2003/54/EC, it may
do so by using its guarantees of origin.
8. The amount of energy from renewable sources correspond
ing to guarantees of origin transferred by an electricity supplier to
a third party shall be deducted from the share of energy from
renewable sources in its energy mix for the purposes of
Article3(6) of Directive 2003/54/EC.
9. Member States shall recognise guarantees of origin issued by
other Member States in accordance with this Directive exclusively
as proof of the elements referred to in paragraph 1 and para
graph6(a) to(f). A Member State may refuse to recognise a guar
antee of origin only when it has well-founded doubts about its
accuracy, reliability or veracity. The Member State shall notify the
Commission of such a refusal and its justification.
10. If the Commission finds that a refusal to recognise a guar
antee of origin is unfounded, the Commission may adopt a deci
sion requiring the Member State in question to recognise it.
11. A Member State may introduce, in conformity with Com
munity law, objective, transparent and non-discriminatory crite
ria for the use of guarantees of origin in complying with the
obligations laid down in Article3(6) of Directive 2003/54/EC.
12. Where energy suppliers market energy from renewable
sources to consumers with a reference to environmental or other
benefits of energy from renewable sources, Member States may
require those energy suppliers to make available, in summary
form, information on the amount or share of energy from renew
able sources that comes from installations or increased capacity
that became operational after 25June 2009.
Article16
Access to and operation of the grids
1. Member States shall take the appropriate steps to develop
transmission and distribution grid infrastructure, intelligent net
works, storage facilities and the electricity system, in order to
allow the secure operation of the electricity system as it accom
modates the further development of electricity production from
renewable energy sources, including interconnection between
Member States and between Member States and third countries.
Member States shall also take appropriate steps to accelerate
authorisation procedures for grid infrastructure and to coordinate
approval of grid infrastructure with administrative and planning
procedures.
2. Subject to requirements relating to the maintenance of the
reliability and safety of the grid, based on transparent and non-
discriminatory criteria defined by the competent national
authorities:
(a) Member States shall ensure that transmission system opera
tors and distribution system operators in their territory guar
antee the transmission and distribution of electricity
produced from renewable energy sources;
(b) Member States shall also provide for either priority access or
guaranteed access to the grid-system of electricity produced
from renewable energy sources;
(c) Member States shall ensure that when dispatching electricity
generating installations, transmission system operators shall
give priority to generating installations using renewable
energy sources in so far as the secure operation of the
national electricity system permits and based on transparent
and non-discriminatory criteria. Member States shall ensure
that appropriate grid and market-related operational mea
sures are taken in order to minimise the curtailment of elec
tricity produced from renewable energy sources. If significant
measures are taken to curtail the renewable energy sources in
order to guarantee the security of the national electricity sys
tem and security of energy supply, Members States shall
ensure that the responsible system operators report to the
competent regulatory authority on those measures and indi
cate which corrective measures they intend to take in order
to prevent inappropriate curtailments.
3. Member States shall require transmission system operators
and distribution system operators to set up and make public their
standard rules relating to the bearing and sharing of costs of tech
nical adaptations, such as grid connections and grid reinforce
ments, improved operation of the grid and rules on the non-
discriminatory implementation of the grid codes, which are
necessary in order to integrate new producers feeding electricity
produced from renewable energy sources into the interconnected
grid.
Those 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 those producers to
the grid and of the particular circumstances of producers located
in peripheral regions and in regions of low population density.
Those rules may provide for different types of connection.
(
1
)
L 140/36 EN Official Journal of the European Union 5.6.2009
4. Where appropriate, Member States may require transmis
sion system operators and distribution system operators to bear,
in full or in part, the costs referred to in paragraph3. Member
States shall review and take the necessary measures to improve
the frameworks and rules for the bearing and sharing of costs
referred to in paragraph3 by 30June 2011 and every two years
thereafter to ensure the integration of new producers as referred
to in that paragraph.
5. Member States shall require transmission system operators
and distribution system operators to provide any new producer of
energy from renewable sources wishing to be connected to the
system with the comprehensive and necessary information
required, including:
(a) a comprehensive and detailed estimate of the costs associated
with the connection;
(b) a reasonable and precise timetable for receiving and process
ing the request for grid connection;
(c) a reasonable indicative timetable for any proposed grid
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.
6. The sharing of costs referred in paragraph 3 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 trans
mission system operators and distribution system operators
derive from the connections.
7. Member States shall ensure that the charging of transmis
sion and distribution tariffs does not discriminate against electric
ity from renewable energy sources, including in particular
electricity from renewable energy sources produced in peripheral
regions, such as island regions, and in regions of low population
density. Member States shall ensure that the charging of transmis
sion and distribution tariffs does not discriminate against gas from
renewable energy sources.
8. Member States shall ensure that tariffs charged by transmis
sion system operators and distribution system operators 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.
9. Where relevant, Member States shall assess the need to
extend existing gas network infrastructure to facilitate the inte
gration of gas from renewable energy sources.
10. Where relevant, Member States shall require transmission
system operators and distribution system operators in their terri
tory to publish technical rules in line with Article6 of Directive
2003/55/EC of the European Parliament and of the Council of
26June 2003 concerning the common rules for the internal mar
ket in natural gas
(
1
) OJL176, 15.7.2003, p.57.
, in particular regarding network connection
rules that include gas quality, gas odoration and gas pressure
requirements. Member States shall also require transmission and
distribution system operators to publish the connection tariffs to
connect renewable gas sources based on transparent and non-
discriminatory criteria.
11. Member States in their national renewable energy action
plans shall assess the necessity to build new infrastructure for dis
trict heating and cooling produced from renewable energy sources
in order to achieve the 2020 national target referred to in
Article 3(1). Subject to that assessment, Member States shall,
where relevant, take steps with a view to developing a district
heating infrastructure to accommodate the development of heat
ing and cooling production from large biomass, solar and geo
thermal facilities.
Article17
Sustainability criteria for biofuels and bioliquids
1. Irrespective of whether the raw materials were cultivated
inside or outside the territory of the Community, energy from
biofuels and bioliquids shall be taken into account for the pur
poses referred to in points(a), (b) and(c) only if they fulfil the sus
tainability criteria set out in paragraphs2 to6:
(a) measuring compliance with the requirements of this Direc
tive concerning national targets;
(b) measuring compliance with renewable energy obligations;
(c) eligibility for financial support for the consumption of bio
fuels and bioliquids.
However, biofuels and bioliquids produced from waste and resi
dues, other than agricultural, aquaculture, fisheries and forestry
residues, need only fulfil the sustainability criteria set out in para
graph2 in order to be taken into account for the purposes referred
to in points(a), (b) and(c).
2. The greenhouse gas emission saving from the use of biofu
els and bioliquids taken into account for the purposes referred to
in points(a), (b) and(c) of paragraph1 shall be at least 35%.
With effect from 1January 2017, the greenhouse gas emission
saving from the use of biofuels and bioliquids taken into account
for the purposes referred to in points (a), (b) and (c) of para
graph1 shall be at least 50%. From 1January 2018 that green
house gas emission saving shall be at least 60% for biofuels and
bioliquids produced in installations in which production started
on or after 1January 2017.
(
1
)
5.6.2009 EN Official Journal of the European Union L 140/37
The greenhouse gas emission saving from the use of biofuels and
bioliquids shall be calculated in accordance with Article19(1).
In the case of biofuels and bioliquids produced by installations
that were in operation on 23 January 2008, the first subpara
graph shall apply from 1April 2013.
3. Biofuels and bioliquids taken into account for the purposes
referred to in points(a), (b) and(c) of paragraph1 shall not be
made from raw material obtained from land with high biodiver
sity value, namely land that had one of the following statuses in
or after January 2008, whether or not the land continues to have
that status:
(a) primary forest and other wooded land, namely forest and
other wooded land of native species, where there is no clearly
visible indication of human activity and the ecological pro
cesses are not significantly disturbed;
(b) areas designated:
(i) by law or by the relevant competent authority for nature
protection purposes; or
(ii) for the protection of rare, threatened or endangered eco
systems or species recognised by international agree
ments or included in lists drawn up by
intergovernmental organisations or the International
Union for the Conservation of Nature, subject to their
recognition in accordance with the second subparagraph
of Article18(4);
unless evidence is provided that the production of that raw
material did not interfere with those nature protection
purposes;
(c) highly biodiverse grassland that is:
(i) natural, namely grassland that would remain grassland
in the absence of human intervention and which main
tains the natural species composition and ecological
characteristics and processes; or
(ii) non-natural, namely grassland that would cease to be
grassland in the absence of human intervention and
which is species-rich and not degraded, unless evidence
is provided that the harvesting of the raw material is nec
essary to preserve its grassland status.
The Commission shall establish the criteria and geographic ranges
to determine which grassland shall be covered by point(c) of the
first subparagraph. Those measures, designed to amend non-
essential elements of this Directive, by supplementing it shall be
adopted in accordance with the regulatory procedure with scru
tiny referred to in Article25(4).
4. Biofuels and bioliquids taken into account for the purposes
referred to in points(a), (b) and(c) of paragraph1 shall not be
made from raw material obtained from land with high carbon
stock, namely land that had one of the following statuses in Janu
ary 2008 and no longer has that status:
(a) wetlands, namely land that is covered with or saturated by
water permanently or for a significant part of the year;
(b) continuously forested areas, namely land spanning more
than one hectare with trees higher than five metres and a
canopy cover of more than 30%, or trees able to reach those
thresholds in situ;
(c) land spanning more than one hectare with trees higher than
five metres and a canopy cover of between 10% and30%,
or trees able to reach those thresholds in situ, unless evidence
is provided that the carbon stock of the area before and after
conversion is such that, when the methodology laid down in
part C of AnnexV is applied, the conditions laid down in
paragraph2 of this Article would be fulfilled.
The provisions of this paragraph shall not apply if, at the time the
raw material was obtained, the land had the same status as it had
in January 2008.
5. Biofuels and bioliquids taken into account for the purposes
referred to in points(a), (b) and(c) of paragraph1 shall not be
made from raw material obtained from land that was peatland in
January 2008, unless evidence is provided that the cultivation and
harvesting of that raw material does not involve drainage of pre
viously undrained soil.
6. Agricultural raw materials cultivated in the Community and
used for the production of biofuels and bioliquids taken into
account for the purposes referred to in points(a), (b) and(c) of�
paragraph 1 shall be obtained in accordance with the require
ments and standards under the provisions referred to under the
heading ‘Environment’ in part A and in point 9 of Annex II to
Council Regulation (EC) No73/2009 of 19January 2009 estab
lishing common rules for direct support schemes for farmers
under the common agricultural policy and establishing certain
support schemes for farmers
(
1
) OJL30, 31.1.2009, p.16.
and in accordance with the mini
mum requirements for good agricultural and environmental con
dition defined pursuant to Article6(1) of that Regulation.
7. The Commission shall, every two years, report to the Euro
pean Parliament and the Council, in respect of both third coun
tries and Member States that are a significant source of biofuels
or of raw material for biofuels consumed within the Community,
on national measures taken to respect the sustainability criteria set
out in paragraphs2 to5 and for soil, water and air protection.
The first report shall be submitted in 2012.
L 140/38
EN Official Journal of the European Union 5.6.2009
The Commission shall, every two years, report to the European
Parliament and the Council on the impact on social sustainability
in the Community and in third countries of increased demand for
biofuel, on the impact of Community biofuel policy on the avail
ability of foodstuffs at affordable prices, in particular for people
living in developing countries, and wider development issues.
Reports shall address the respect of land-use rights. They shall
state, both for third countries and Member States that are a sig
nificant source of raw material for biofuel consumed within the
Community, whether the country has ratified and implemented
each of the following Conventions of the International Labour
Organisation:
— Convention concerning Forced or Compulsory Labour
(No29),
— Convention concerning Freedom of Association and Protec
tion of the Right to Organise (No87),
— Convention concerning the Application of the Principles of
the Right to Organise and to Bargain Collectively (No98),
— Convention concerning Equal Remuneration of Men and
Women Workers for Work of Equal Value (No100),
— Convention concerning the Abolition of Forced Labour
(No105),
— Convention concerning Discrimination in Respect of
Employment and Occupation (No111),
— Convention concerning Minimum Age for Admission to
Employment (No138),
— Convention concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child
Labour (No182).
Those reports shall state, both for third countries and Member
States that are a significant source of raw material for biofuel con
sumed within the Community, whether the country has ratified
and implemented:
— the Cartagena Protocol on Biosafety,
— the Convention on International Trade in Endangered Spe
cies of Wild Fauna and Flora.
The first report shall be submitted in 2012. The Commission
shall, if appropriate, propose corrective action, in particular if evi
dence shows that biofuel production has a significant impact on
food prices.
8. For the purposes referred to in points(a), (b) and(c) of para
graph1, Member States shall not refuse to take into account, on
other sustainability grounds, biofuels and bioliquids obtained in
compliance with this Article.
9. The Commission shall report on requirements for a sustain
ability scheme for energy uses of biomass, other than biofuels and
bioliquids, by 31December 2009. That report shall be accompa
nied, where appropriate, by proposals for a sustainability scheme
for other energy uses of biomass, to the European Parliament and
the Council. That report and any proposals contained therein
shall be based on the best available scientific evidence, taking into
account new developments in innovative processes. If the analy
sis done for that purpose demonstrates that it would be appro
priate to introduce amendments, in relation to forest biomass, in
the calculation methodology in AnnexV or in the sustainability
criteria relating to carbon stocks applied to biofuels and
bioliquids, the Commission shall, where appropriate, make pro
posals to the European Parliament and Council at the same time
in this regard.
Article18
Verification of compliance with the sustainability criteria
for biofuels and bioliquids
1. Where biofuels and bioliquids are to be taken into account
for the purposes referred to in points (a), (b) and (c) of
Article17(1), Member States shall require economic operators to
show that the sustainability criteria set out in Article17(2) to(5)
have been fulfilled. For that purpose they shall require economic
operators to use a mass balance system which:
(a) allows consignments of raw material or biofuel with differ
ing sustainability characteristics to be mixed;
(b) requires information about the sustainability characteristics
and sizes of the consignments referred to in point (a) to
remain assigned to the mixture; and
(c) provides for the sum of all consignments withdrawn from
the mixture to be described as having the same sustainability
characteristics, in the same quantities, as the sum of all con
signments added to the mixture.
2. The Commission shall report to the European Parliament
and the Council in 2010 and2012 on the operation of the mass
balance verification method described in paragraph1 and on the
potential for allowing for other verification methods in relation to
some or all types of raw material, biofuel or bioliquids. In its
assessment, the Commission shall consider those verification
methods in which information about sustainability characteristics
need not remain physically assigned to particular consignments
or mixtures. The assessment shall take into account the need to
maintain the integrity and effectiveness of the verification system
while avoiding the imposition of an unreasonable burden on
industry. The report shall be accompanied, where appropriate, by
proposals to the European Parliament and the Council concern
ing the use of other verification methods.
5.6.2009
EN Official Journal of the European Union L 140/39
3. Member States shall take measures to ensure that economic
operators submit reliable information and make available to the
Member State, on request, the data that were used to develop the
information. Member States shall require economic operators to
arrange for an adequate standard of independent auditing of the
information submitted, and to provide evidence that this has been
done. The auditing shall verify that the systems used by economic
operators are accurate, reliable and protected against fraud. It shall
evaluate the frequency and methodology of sampling and the
robustness of the data.
The information referred to in the first subparagraph shall include
in particular information on compliance with the sustainability
criteria set out in Article17(2) to(5), appropriate and relevant
information on measures taken for soil, water and air protection,
the restoration of degraded land, the avoidance of excessive water
consumption in areas where water is scarce and appropriate and
relevant information concerning measures taken in order to take
into account the issues referred to in the second subparagraph of
Article17(7).
The Commission shall, in accordance with the advisory procedure
referred to in Article25(3), establish the list of appropriate and
relevant information referred to in the first two subparagraphs. It
shall ensure, in particular, that the provision of that information
does not represent an excessive administrative burden for opera
tors in general or for smallholder farmers, producer organisations
and cooperatives in particular.
The obligations laid down in this paragraph shall apply whether
the biofuels or bioliquids are produced within the Community or
imported.
Member States shall submit to the Commission, in aggregated
form, the information referred to in the first subparagraph of this
paragraph. The Commission shall publish that information on the
transparency platform referred to in Article24 in summary form
preserving the confidentiality of commercially sensitive
information.
4. The Community shall endeavour to conclude bilateral or
multilateral agreements with third countries containing provi
sions on sustainability criteria that correspond to those of this
Directive. Where the Community has concluded agreements con
taining provisions relating to matters covered by the sustainabil
ity criteria set out in Article17(2) to(5), the Commission may
decide that those agreements demonstrate that biofuels and
bioliquids produced from raw materials cultivated in those coun
tries comply with the sustainability criteria in question. When
those agreements are concluded, due consideration shall be given
to measures taken for the conservation of areas that provide, in
critical situations, basic ecosystem services (such as watershed
protection and erosion control), for soil, water and air protection,
indirect land-use changes, the restoration of degraded land, the
avoidance of excessive water consumption in areas where water
is scarce and to the issues referred to in the second subparagraph
of Article17(7).
The Commission may decide that voluntary national or interna
tional schemes setting standards for the production of biomass
products contain accurate data for the purposes of Article17(2)
or demonstrate that consignments of biofuel comply with the sus
tainability criteria set out in Article17(3) to(5). The Commission
may decide that those schemes contain accurate data for the pur
poses of information on measures taken for the conservation of
areas that provide, in critical situations, basic ecosystem services
(such as watershed protection and erosion control), for soil, water
and air protection, the restoration of degraded land, the avoidance
of excessive water consumption in areas where water is scarce and
on the issues referred to in the second subparagraph of
Article17(7). The Commission may also recognise areas for the
protection of rare, threatened or endangered ecosystems or spe
cies recognised by international agreements or included in lists
drawn up by intergovernmental organisations or the International
Union for the Conservation of Nature for the purposes of
Article17(3)(b)(ii).
The Commission may decide that voluntary national or interna
tional schemes to measure greenhouse gas emission saving con
tain accurate data for the purposes of Article17(2).
The Commission may decide that land that falls within the scope
of a national or regional recovery programme aimed at improv
ing severely degraded or heavily contaminated land fulfils the cri
teria referred to in point9 of part C of AnnexV.
5. The Commission shall adopt decisions under paragraph4
only if the agreement or scheme in question meets adequate stan
dards of reliability, transparency and independent auditing. In the
case of schemes to measure greenhouse gas emission saving, such
schemes shall also comply with the methodological requirements
in AnnexV. Lists of areas of high biodiversity value as referred to
in Article17(3)(b)(ii) shall meet adequate standards of objectivity
and coherence with internationally recognised standards and pro
vide for appropriate appeal procedures.
6. Decisions under paragraph4 shall be adopted in accordance
with the advisory procedure referred to in Article 25(3). Such
decisions shall be valid for a period of no more than five years.
7. When an economic operator provides proof or data
obtained in accordance with an agreement or scheme that has
been the subject of a decision pursuant to paragraph 4, to the
extent covered by that decision, a Member State shall not require
the supplier to provide further evidence of compliance with the
sustainability criteria set out in Article17(2) to(5) nor informa
tion on measures referred to in the second subparagraph of para
graph3 of this Article.
8. At the request of a Member State or on its own initiative the
Commission shall examine the application of Article17 in rela
tion to a source of biofuel or bioliquid and, within six months of
receipt of a request and in accordance with the advisory proce
dure referred to in Article 25(3 ), decide whether the Member
(
1
)
L 140/40 EN Official Journal of the European Union 5.6.2009
State concerned may take biofuel or bioliquid from that source
into account for the purposes referred to in points(a), (b) and(c)
of Article17(1).
9. By 31December 2012, the Commission shall report to the
European Parliament and to the Council on:
(a) the effectiveness of the system in place for the provision of
information on sustainability criteria; and
(b) whether it is feasible and appropriate to introduce manda
tory requirements in relation to air, soil or water protection,
taking into account the latest scientific evidence and the
Community’s international obligations.
The Commission shall, if appropriate, propose corrective action.
Article19
Calculation of the greenhouse gas impact of biofuels and
bioliquids
1. For the purposes of Article17(2), the greenhouse gas emis
sion saving from the use of biofuel and bioliquids shall be calcu
lated as follows:
(a) where a default value for greenhouse gas emission saving for
the production pathway is laid down in part A or B of
Annex V and where the e
l
value for those biofuels or
bioliquids calculated in accordance with point7 of part C of
AnnexV is equal to or less than zero, by using that default
value;
(b) by using an actual value calculated in accordance with the
methodology laid down in part C of AnnexV; or
(c) by using a value calculated as the sum of the factors of the
formula referred to in point1 of part C of AnnexV, where
disaggregated default values in part D or E of AnnexV may
be used for some factors, and actual values, calculated in
accordance with the methodology laid down in part C of
AnnexV, for all other factors.
2. By 31March 2010, Member States shall submit to the Com
mission a report including a list of those areas on their territory
classified as level 2 in the nomenclature of territorial units for sta
tistics (NUTS) or as a more disaggregated NUTS level in accor
dance with Regulation (EC) No 1059/2003 of the European
Parliament and of the Council of 26May 2003 on the establish
ment of a common classification of territorial units for statistics
(NUTS)
(
1
) OJL154, 21.6.2003, p.1.
where the typical greenhouse gas emissions from cul
tivation of agricultural raw materials can be expected to be lower
than or equal to the emissions reported under the heading ‘Dis
aggregated default values for cultivation’ in part D of AnnexV to
this Directive, accompanied by a description of the method and
data used to establish that list. That method shall take into account
soil characteristics, climate and expected raw material yields.
3. The default values in part A of AnnexV for biofuels, and the
disaggregated default values for cultivation in part D of AnnexV
for biofuels and bioliquids, may be used only when their raw
materials are:
(a) cultivated outside the Community;
(b) cultivated in the Community in areas included in the lists
referred to in paragraph2; or
(c) waste or residues other than agricultural, aquaculture and
fisheries residues.
For biofuels and bioliquids not falling under points(a), (b) or(c),
actual values for cultivation shall be used.
4. By 31March 2010, the Commission shall submit a report
to the European Parliament and to the Council on the feasibility
of drawing up lists of areas in third countries where the typical
greenhouse gas emissions from cultivation of agricultural raw
materials can be expected to be lower than or equal to the emis
sions reported under the heading ‘cultivation’ in part D of
AnnexV, accompanied if possible by such lists and a description
of the method and data used to establish them. The report shall,
if appropriate, be accompanied by relevant proposals.
5. The Commission shall report by 31December 2012, and
every two years thereafter, on the estimated typical and default
values in parts B and E of AnnexV, paying particular attention to
emissions from transport and processing, and may, where neces
sary, decide to correct the values. Those measures, designed to
amend non-essential elements of this Directive, shall be adopted
in accordance with the regulatory procedure with scrutiny
referred to in Article25(4).
6. The Commission shall, by 31 December 2010, submit a
report to the European Parliament and to the Council reviewing
the impact of indirect land-use change on greenhouse gas emis
sions and addressing ways to minimise that impact. The report
shall, if appropriate, be accompanied, by a proposal, based on the
best available scientific evidence, containing a concrete method
ology for emissions from carbon stock changes caused by indi
rect land-use changes, ensuring compliance with this Directive, in
particular Article17(2).
Such a proposal shall include the necessary safeguards to provide
certainty for investment undertaken before that methodology is
applied. With respect to installations that produced biofuels
before the end of 2013, the application of the measures referred
to in the first subparagraph shall not, until 31December 2017,
lead to biofuels produced by those installations being deemed to
have failed to comply with the sustainability requirements of this
Directive if they would otherwise have done so, provided that
those biofuels achieve a greenhouse gas emission saving of at least
45%. This shall apply to the capacities of the installations of bio
fuels at the end of 2012.
The European Parliament and the Council shall endeavour to
decide, by 31December 2012, on any such proposals submitted
by the Commission.
5.6.2009
EN Official Journal of the European Union L 140/41
7. AnnexV may be adapted to technical and scientific progress,
including by the addition of values for further biofuel production
pathways for the same or for other raw materials and by modify
ing the methodology laid down in part C. Those measures,
designed to amend non-essential elements of this Directive, inter
alia, by supplementing it, shall be adopted in accordance with the
regulatory procedure with scrutiny referred to in Article25(4).
Regarding the default values and methodology laid down in
AnnexV, particular consideration shall be given to:
— the method of accounting for wastes and residues,
— the method of accounting for co-products,
— the method of accounting for cogeneration, and
— the status given to agricultural crop residues as co-products.
The default values for waste vegetable or animal oil biodiesel shall
be reviewed as soon as possible.
Any adaptation of or addition to the list of default values in
AnnexV shall comply with the following:
(a) where the contribution of a factor to overall emissions is
small, or where there is limited variation, or where the cost
or difficulty of establishing actual values is high, default val
ues must be typical of normal production processes;
(b) in all other cases default values must be conservative com
pared to normal production processes.
8. Detailed definitions, including technical specifications
required for the categories set out in point9 of part C of AnnexV
shall be established. Those measures, designed to amend non-
essential elements of this Directive by supplementing it, shall be
adopted in accordance with the regulatory procedure with scru
tiny referred to in Article25(4).
Article20
Implementing measures
The implementing measures referred to in the second subpara
graph of Article17(3), the third subparagraph of Article18(3),
Article18(6), Article18(8), Article19(5), the first subparagraph
of Article19(7), and Article19(8) shall also take full account of
the purposes of Article7a of Directive 98/70/EC.
Article21
Specific provisions related to energy from renewable
sources in transport
1. Member States shall ensure that information is given to the
public on the availability and environmental benefits of all differ
ent renewable sources of energy for transport. When the percent
ages of biofuels, blended in mineral oil derivatives, exceed 10%
by volume, Member States shall require this to be indicated at the
sales points.
2. For the purposes of demonstrating compliance with
national renewable energy obligations placed on operators and
the target for the use of energy from renewable sources in all
forms of transport referred to in Article3(4), the contribution
made by biofuels produced from wastes, residues, non-food cel
lulosic material, and ligno-cellulosic material shall be considered
to be twice that made by other biofuels.
Article22
Reporting by the Member States
1. Each Member State shall submit a report to the Commission
on progress in the promotion and use of energy from renewable
sources by 31December 2011, and every two years thereafter.
The sixth report, to be submitted by 31December 2021, shall be
the last report required.
The report shall detail, in particular:
(a) the sectoral (electricity, heating and cooling, andtransport)
and overall shares of energy from renewable sources in the
preceding two calendar years and the measures taken or
planned at national level to promote the growth of energy
from renewable sources taking into account the indicative
trajectory in part B of AnnexI, in accordance with Article5;
(b) the introduction and functioning of support schemes and
other measures to promote energy from renewable sources,
and any developments in the measures used with respect to
those set out in the Member State’s national renewable energy
action plan, and information on how supported electricity is
allocated to final customers for purposes of Article3(6) of
Directive 2003/54/EC;
(c) how, where applicable, the Member State has structured its
support schemes to take into account renewable energy
applications that give additional benefits in relation to other,
comparable applications, but may also have higher costs,
including biofuels made from wastes, residues, non-food cel
lulosic material, and ligno-cellulosic material;
(d) the functioning of the system of guarantees of origin for elec
tricity and heating and cooling from renewable energy
sources and the measures taken to ensure the reliability and
protection against fraud of the system;
(e) progress made in evaluating and improving administrative
procedures to remove regulatory and non-regulatory barri
ers to the development of energy from renewable sources;
L 140/42
EN Official Journal of the European Union 5.6.2009
(f) measures taken to ensure the transmission and distribution
of electricity produced from renewable energy sources, and
to improve the framework or rules for bearing and sharing
of costs referred to in Article16(3);
(g) developments in the availability and use of biomass resources
for energy purposes;
(h) changes in commodity prices and land use within the Mem
ber State associated with its increased use of biomass and
other forms of energy from renewable sources;
(i) the development and share of biofuels made from wastes,
residues, non-food cellulosic material, and ligno-cellulosic
material;
(j) the estimated impact of the production of biofuels and
bioliquids on biodiversity, water resources, water quality and
soil quality within the Member State;
(k) the estimated net greenhouse gas emission saving due to the
use of energy from renewable sources;
(l) the estimated excess production of energy from renewable
sources compared to the indicative trajectory which could be
transferred to other Member States, as well as the estimated
potential for joint projects, until 2020;
(m) the estimated demand for energy from renewable sources to
be satisfied by means other than domestic production until
2020; and
(n) information on how the share of biodegradable waste in
waste used for producing energy has been estimated, and
what steps have been taken to improve and verify such
estimates.
2. In estimating net greenhouse gas emission saving from the
use of biofuels, the Member State may, for the purpose of the
reports referred to in paragraph1, use the typical values given in
part A and part B of AnnexV.
3. In its first report, the Member State shall outline whether it
intends to:
(a) establish a single administrative body responsible for process
ing authorisation, certification and licensing applications for
renewable energy installations and providing assistance to
applicants;
(b) provide for automatic approval of planning and permit appli
cations for renewable energy installations where the autho
rising body has not responded within the set time limits; or
(c) indicate geographical locations suitable for exploitation of
energy from renewable sources in land-use planning and for
the establishment of district heating and cooling.
4. In each report the Member State may correct the data of the
previous reports.
Article23
Monitoring and reporting by the Commission
1. The Commission shall monitor the origin of biofuels and
bioliquids consumed in the Community and the impact of their
production, including impact as a result of displacement, on land
use in the Community and the main third countries of supply.
Such monitoring shall be based on Member States’ reports, sub
mitted pursuant to Article22(1), and those of relevant third coun
tries, intergovernmental organisations, scientific studies and any
other relevant pieces of information. The Commission shall also
monitor the commodity price changes associated with the use of
biomass for energy and any associated positive and negative
effects on food security. The Commission shall monitor all instal
lations to which Article19(6) applies.
2. The Commission shall maintain a dialogue and exchange
information with third countries and biofuel producers, consumer
organisations and civil society concerning the general implemen
tation of the measures in this Directive relating to biofuels and
bioliquids. It shall, within that framework, pay particular atten
tion to the impact biofuel production may have on food prices.
3. On the basis of the reports submitted by Member States
pursuant to Article22(1) and the monitoring and analysis referred
to in paragraph 1 of this Article, the Commission shall report
every two years to the European Parliament and the Council. The
first report shall be submitted in 2012.
4. In reporting on greenhouse gas emission saving from the
use of biofuels, the Commission shall use the values reported by
Member States and shall evaluate whether and how the estimate
would change if co-products were accounted for using the sub
stitution approach.
5. In its reports, the Commission shall, in particular, analyse:
(a) the relative environmental benefits and costs of different bio
fuels, the effects of the Community’s import policies thereon,
the security of supply implications and the ways of achiev
ing a balanced approach between domestic production and
imports;
(b) the impact of increased demand for biofuel on sustainability
in the Community and in third countries, considering eco
nomic and environmental impacts, including impacts on
biodiversity;
5.6.2009
EN Official Journal of the European Union L 140/43
(c) the scope for identifying, in a scientifically objective manner,
geographical areas of high biodiversity value that are not cov
ered in Article17(3);
(d) the impact of increased demand for biomass on biomass
using sectors;
(e) the availability of biofuels made from waste, residues, non-
food cellulosic material and ligno-cellulosic material; and
(f) indirect land-use changes in relation to all production
pathways.
The Commission shall, if appropriate, propose corrective action.
6. On the basis of the reports submitted by Member States
pursuant to Article22(3), the Commission shall analyse the effec
tiveness of measures taken by Member States on establishing a
single administrative body responsible for processing authorisa
tion, certification and licensing applications and providing assis
tance to applicants.
7. In order to improve financing and coordination with a view
to the achievement of the 20% target referred to in Article3(1),
the Commission shall, by 31December 2010, present an analysis
and action plan on energy from renewable sources with a view,
in particular, to:
(a) the better use of structural funds and framework
programmes;
(b) the better and increased use of funds from the European
Investment Bank and other public finance institutions;
(c) better access to risk capital notably by analysing the feasibil
ity of a risk sharing facility for investments in energy from
renewable sources in the Community similar to the Global
Energy Efficiency and Renewable Energy Fund initiative
which is aimed at third countries;
(d) the better coordination of Community and national funding
and other forms of support; and
(e) the better coordination in support of renewable energy ini
tiatives whose success depends on action by actors in several
Member States.
8. By 31 December 2014, the Commission shall present a
report, addressing, in particular, the following elements:
(a) a review of the minimum greenhouse gas emission saving
thresholds to apply from the dates referred to in the second
subparagraph of Article 17(2), on the basis of an impact
assessment taking into account, in particular, technological
developments, available technologies and the availability of
first and second-generation bio-fuels with a high level of
greenhouse gas emission saving;
(b) with respect to the target referred to in Article3(4), a review
of:
(i) the cost-efficiency of the measures to be implemented to
achieve the target;
(ii) an assessment of the feasibility of reaching the target
whilst ensuring the sustainability of biofuels production
in the Community and in third countries, and consider
ing economic, environmental and social impacts, includ
ing indirect effects and impacts on biodiversity, as well
as the commercial availability of second-generation
biofuels;
(iii) the impact of the implementation of the target on the
availability of foodstuffs at affordable prices;
(iv) the commercial availability of electric, hybrid and hydro
gen powered vehicles, as well as the methodology cho
sen to calculate the share of energy from renewable
sources consumed in the transport sector;
(v) the evaluation of specific market conditions, consider
ing, in particular, markets on which transport fuels rep
resent more than half of the final energy consumption,
and markets which are fully dependent on imported
biofuels;
(c) an evaluation of the implementation of this Directive, in par
ticular with regard to cooperation mechanisms, in order to
ensure that, together with the possibility for the Members
States to continue to use national support schemes referred
to in Article3(3), those mechanisms enable Member States to
achieve the national targets defined in AnnexI on the best
cost-benefit basis, of technological developments, and the
conclusions to be drawn to achieve the target of 20% of
energy from renewable sources at Community level.
On the basis of that report, the Commission shall submit, if
appropriate, proposals to the European Parliament and the Coun
cil, addressing the above elements and in particular:
— for the element contained in point(a), a modification of the
minimum greenhouse gas emission saving referred to in that
point, and
— for the element contained in point (c), appropriate adjust
ments of the cooperation measures provided for in this Direc
tive in order to improve their effectiveness for achieving the
target of 20%. Such proposals shall neither affect the 20%
target nor Member States’ control over national support
schemes and cooperation measures.
L 140/44
EN Official Journal of the European Union 5.6.2009
9. In 2018, the Commission shall present a Renewable Energy
Roadmap for the post-2020 period.
That roadmap shall, if appropriate, be accompanied by proposals
to the European Parliament and the Council for the period after
2020. The roadmap shall take into account the experience of the
implementation of this Directive and technological developments
in energy from renewable sources.
10. In 2021, the Commission shall present a report reviewing
the application of this Directive. That report shall, in particular,
address the role of the following elements in having enabled
Member States to achieve the national targets defined in AnnexI
on the best cost-benefit basis:
(a) the process of preparing forecasts and national renewable
energy action plans;
(b) the effectiveness of the cooperation mechanisms;
(c) technological developments in energy from renewable
sources, including the development of the use of biofuels in
commercial aviation;
(d) the effectiveness of the national support schemes; and
(e) the conclusions of the Commission reports referred to in
paragraphs8 and9.
Article24
Transparency platform
1. The Commission shall establish an online public transpar
ency platform. That platform shall serve to increase transparency,
and facilitate and promote cooperation between Member States,
in particular concerning statistical transfers referred to in Article6
and joint projects referred to in Articles7 and9. In addition, the
platform may be used to make public relevant information which
the Commission or a Member State deems to be of key impor
tance to this Directive and to the achievement of its objectives.
2. The Commission shall make public on the transparency
platform the following information, where appropriate in aggre
gated form, preserving the confidentiality of commercially sensi
tive information:
(a) Member States’ national renewable energy action plans;
(b) Member States’ forecast documents referred to in Article4(3),
complemented as soon as possible with the Commission’s
summary of excess production and estimated import
demand;
(c) Member States’ offers to cooperate on statistical transfers or
joint projects, upon request of the Member State concerned;
(d) the information referred to in Article6(2) on the statistical
transfers between Member States;
(e) the information referred to in Article 7(2) and (3) and
Article9(4) and(5) on joint projects;
(f) Member States’ national reports referred to in Article22;
(g) the Commission reports referred to in Article23(3).
However, upon request of the Member State that submitted the
information, the Commission shall not make public Member
States’ forecast documents referred to in Article4(3), or the infor
mation in Member States’ national reports referred to in
Article22(1)(l) and(m).
Article25
Committees
1. Except in the cases referred to in paragraph2, the Commis
sion shall be assisted by the Committee on Renewable Energy
Sources.
2. For matters relating to the sustainability of biofuels and
bioliquids, the Commission shall be assisted by the Committee on
the Sustainability of Biofuels and Bioliquids.
3. Where reference is made to this paragraph, Articles3 and7
of Decision 1999/468/EC shall apply, having regard to the pro
visions of Article8 thereof.
4. Where reference is made to this paragraph, Article 5a(1)
to(4) and Article7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article8 thereof.
Article26
Amendments and repeal
1. In Directive 2001/77/EC, Article 2, Article 3(2), and
Articles4 to8 shall be deleted with effect from 1April 2010.
2. In Directive 2003/30/EC, Article2, Article3(2), (3) and(5),
and Articles 5 and 6 shall be deleted with effect from 1 April
2010.
3. Directives 2001/77/EC and2003/30/EC shall be repealed
with effect from 1January 2012.
Article27
Transposition
1. Without prejudice to Article4(1), (2) and(3), Member States
shall bring into force the laws, regulations and administrative pro
visions necessary to comply with this Directive by 5December
2010.
5.6.2009 EN Official Journal of the European Union L 140/45
When Member States adopt measures, they shall contain a refer
ence to this Directive or shall be accompanied by such a reference
on the occasion of their official publication. The methods of mak
ing such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.
Article28
Entry into force
This Directive shall enter into force on the 20th day following its
publication in the Official Journal of the European Union.
Article29
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 23April 2009.
For the European Parliament
The President
H.-G. PÖTTERING
For the Council
The President
P. NEČAS
(
1
)
L 140/46 EN Official Journal of the European Union 5.6.2009
ANNEXI
National overall targets for the share of energy from renewable sources in gross
final consumption of energy in 2020
(
1
) In order to be able to achieve the national objectives set out in this Annex, it is underlined that the State aid guidelines for environmental
protection recognise the continued need for national mechanisms of support for the promotion of energy from renewable sources.
A. National overall targets
Share of energy from renewable sources
in gross final consumption of energy,
2005 (S
2005
)
Target for share of energy from renewable
sources in gross final consumption of
energy, 2020 (S
2020
)
Belgium 2,2% 13%
Bulgaria 9,4% 16%
Czech Republic 6,1% 13%
Denmark 17,0% 30%
Germany 5,8% 18%
Estonia 18,0% 25%
Ireland 3,1% 16%
Greece 6,9% 18%
Spain 8,7% 20%
France 10,3% 23%
Italy 5,2% 17%
Cyprus 2,9% 13%
Latvia 32,6% 40%
Lithuania 15,0% 23%
Luxembourg 0,9% 11%
Hungary 4,3% 13%
Malta 0,0% 10%
Netherlands 2,4% 14%
Austria 23,3% 34%
Poland 7,2% 15%
Portugal 20,5% 31%
Romania 17,8% 24%
Slovenia 16,0% 25%
Slovak Republic 6,7% 14%
Finland 28,5% 38%
Sweden 39,8% 49%
United Kingdom 1,3% 15%
B. Indicative trajectory
The indicative trajectory referred to in Article3(2) shall consist of the following shares of energy from renewable sources:
S
2005
+ 0,20 (S
2020
– S
2005
), as an average for the two-year period 2011 to2012;
S
2005
+ 0,30 (S
2020
– S
2005
), as an average for the two-year period 2013 to2014;
5.6.2009 EN Official Journal of the European Union L 140/47
S
2005
+ 0,45 (S
2020
– S
2005
), as an average for the two-year period 2015 to2016; and
S
2005
+ 0,65 (S
2020
– S
2005
), as an average for the two-year period 2017 to2018,
where
S
2005
= the share for that Member State in 2005 as indicated in the table in part A,
and
S
2020
= the share for that Member State in 2020 as indicated in the table in part A.
Q
N
(
norm
)
= C
N
×
[
∑
i=N–14
N
Q
i
C
i
]
/15
Q
N
(
norm
)
=
C
N
+C
N–1
2
×
∑
i=N-n
N
Q
i
∑
j=N-n
N
(
C
j
+C
j–1
2
)
L 140/48 EN Official Journal of the European Union 5.6.2009
ANNEXII
Normalisation rule for accounting for electricity generated from hydropower and wind power
The following rule shall be applied for the purpose of accounting for electricity generated from hydropower in a given Mem
ber State:
where:
N = reference year;
Q
N(norm)
= normalised electricity generated by all hydropower plants of the Member State in year N, for accounting pur
poses;
Q
i
= the quantity of electricity actually generated in year i by all hydropower plants of the Member State mea
sured in GWh, excluding production from pumped storage units using water that has previously been
pumped uphill;
C
i
= the total installed capacity, net of pumped storage, of all hydropower plants of the Member State at the end
of year i, measured in MW.
The following rule shall be applied for the purpose of accounting for electricity generated from wind power in a given Mem
ber State:
where:
N = reference year;
Q
N(norm)
= normalised electricity generated by all wind power plants of the Member State in year N, for accounting pur
poses;
Q
i
= the quantity of electricity actually generated in year i by all wind power plants of the Member State mea
sured in GWh;
C
j
= the total installed capacity of all the wind power plants of the Member State at the end of year j, measured
in MW;
n = 4 or the number of years preceding year N for which capacity and production data are available for the
Member State in question, whichever is lower.
5.6.2009 EN Official Journal of the European Union L 140/49
ANNEXIII
Energy content of transport fuels
Fuel
Energy content by weight
(lower calorific value, MJ/kg)
Energy content by volume
(lower calorific value, MJ/l)
Bioethanol (ethanol produced from biomass) 27 21
Bio-ETBE (ethyl-tertio-butyl-ether produced on the basis of bio
ethanol)
36 (of which 37% from
renewable sources)
27 (of which 37% from
renewable sources)
Biomethanol (methanol produced from biomass, to be used as
biofuel)
20 16
Bio-MTBE (methyl-tertio-butyl-ether produced on the basis of
bio-methanol)
35 (of which 22% from
renewable sources)
26 (of which 22% from
renewable sources)
Bio-DME (dimethylether produced from biomass, to be used as
biofuel)
28 19
Bio-TAEE (tertiary-amyl-ethyl-ether produced on the basis of bio
ethanol)
38 (of which 29% from
renewable sources)
29 (of which 29% from
renewable sources)
Biobutanol (butanol produced from biomass, to be used as bio
fuel)
33 27
Biodiesel (methyl-ester produced from vegetable or animal oil, of
diesel quality, to be used as biofuel)
37 33
Fischer-Tropsch diesel (a synthetic hydrocarbon or mixture of
synthetic hydrocarbons produced from biomass)
44 34
Hydrotreated vegetable oil (vegetable oil thermochemically
treated with hydrogen)
44 34
Pure vegetable oil (oil produced from oil plants through press
ing, extraction or comparable procedures, crude or refined but
chemically unmodified, when compatible with the type of
engines involved and the corresponding emission requirements)
37 34
Biogas (a fuel gas produced from biomass and/or from the bio
degradable fraction of waste, that can be purified to natural gas
quality, to be used as biofuel, or wood gas)
50 —
Petrol 43 32
Diesel 43 36
L 140/50 EN Official Journal of the European Union 5.6.2009
ANNEXIV
Certification of installers
The certification schemes or equivalent qualification schemes referred to in Article14(3) shall be based on the following
criteria:
1. The certification or qualification process shall be transparent and clearly defined by the Member State or the adminis
trative body they appoint.
2. Biomass, heat pump, shallow geothermal and solar photovoltaic and solar thermal installers shall be certified by an
accredited training programme or training provider.
3. The accreditation of the training programme or provider shall be effected by Member States or administrative bodies
they appoint. The accrediting body shall ensure that the training programme offered by the training provider has con
tinuity and regional or national coverage. The training provider shall have adequate technical facilities to provide prac
tical training, including some laboratory equipment or corresponding facilities to provide practical training. The training
provider shall also offer in addition to the basic training, shorter refresher courses on topical issues, including on new
technologies, to enable life-long learning in installations. The training provider may be the manufacturer of the equip
ment or system, institutes or associations.
4. The training leading to installer certification or qualification shall include both theoretical and practical parts. At the
end of the training, the installer must have the skills required to install the relevant equipment and systems to meet the
performance and reliability needs of the customer, incorporate quality craftsmanship, and comply with all applicable
codes and standards, including energy and eco-labelling.
5. The training course shall end with an examination leading to a certificate or qualification. The examination shall include
a practical assessment of successfully installing biomass boilers or stoves, heat pumps, shallow geothermal installa
tions, solar photovoltaic or solar thermal installations.
6. The certification schemes or equivalent qualification schemes referred to in Article14(3) shall take due account of the
following guidelines:
(a) Accredited training programmes should be offered to installers with work experience, who have undergone, or
are undergoing, the following types of training:
(i) in the case of biomass boiler and stove installers: training as a plumber, pipe fitter, heating engineer or tech
nician of sanitary and heating or cooling equipment as a prerequisite;
(ii) in the case of heat pump installers: training as a plumber or refrigeration engineer and have basic electrical
and plumbing skills (cutting pipe, soldering pipe joints, gluing pipe joints, lagging, sealing fittings, testing for
leaks and installation of heating or cooling systems) as a prerequisite;
(iii) in the case of a solar photovoltaic or solar thermal installer: training as a plumber or electrician and have
plumbing, electrical and roofing skills, including knowledge of soldering pipe joints, gluing pipe joints, seal
ing fittings, testing for plumbing leaks, ability to connect wiring, familiar with basic roof materials, flashing
and sealing methods as a prerequisite; or
(iv) a vocational training scheme to provide an installer with adequate skills corresponding to a three years edu
cation in the skills referred to in point(a), (b) or(c) including both classroom and workplace learning.
(b) The theoretical part of the biomass stove and boiler installer training should give an overview of the market situ
ation of biomass and cover ecological aspects, biomass fuels, logistics, fire protection, related subsidies, combus
tion techniques, firing systems, optimal hydraulic solutions, cost and profitability comparison as well as the design,
installation, and maintenance of biomass boilers and stoves. The training should also provide good knowledge of
any European standards for technology and biomass fuels, such as pellets, and biomass related national and Com
munity law.
5.6.2009 EN Official Journal of the European Union L 140/51
(c) The theoretical part of the heat pump installer training should give an overview of the market situation for heat
pumps and cover geothermal resources and ground source temperatures of different regions, soil and rock iden
tification for thermal conductivity, regulations on using geothermal resources, feasibility of using heat pumps in
buildings and determining the most suitable heat pump system, and knowledge about their technical require
ments, safety, air filtering, connection with the heat source and system layout. The training should also provide
good knowledge of any European standards for heat pumps, and of relevant national and Community law. The
installer should demonstrate the following key competences:
(i) a basic understanding of the physical and operation principles of a heat pump, including characteristics of
the heat pump circle: context between low temperatures of the heat sink, high temperatures of the heat
source, and the efficiency of the system, determination of the coefficient of performance (COP) and seasonal
performance factor (SPF);
(ii) an understanding of the components and their function within a heat pump circle, including the compres
sor, expansion valve, evaporator, condenser, fixtures and fittings, lubricating oil, refrigerant, superheating and
sub-cooling and cooling possibilities with heat pumps; and
(iii) the ability to choose and size the components in typical installation situations, including determining the
typical values of the heat load of different buildings and for hot water production based on energy consump
tion, determining the capacity of the heat pump on the heat load for hot water production, on the storage
mass of the building and on interruptible current supply; determine buffer tank component and its volume
and integration of a second heating system.
(d) The theoretical part of the solar photovoltaic and solar thermal installer training should give an overview of the
market situation of solar products and cost and profitability comparisons, and cover ecological aspects, compo
nents, characteristics and dimensioning of solar systems, selection of accurate systems and dimensioning of com
ponents, determination of the heat demand, fire protection, related subsidies, as well as the design, installation,
and maintenance of solar photovoltaic and solar thermal installations. The training should also provide good
knowledge of any European standards for technology, and certification such as Solar Keymark, and related national
and Community law. The installer should demonstrate the following key competences:
(i) the ability to work safely using the required tools and equipment and implementing safety codes and stan
dards and identify plumbing, electrical and other hazards associated with solar installations;
(ii) the ability to identify systems and their components specific to active and passive systems, including the
mechanical design, and determine the components’ location and system layout and configuration;
(iii) the ability to determine the required installation area, orientation and tilt for the solar photovoltaic and solar
water heater, taking account of shading, solar access, structural integrity, the appropriateness of the instal
lation for the building or the climate and identify different installation methods suitable for roof types and
the balance of system equipment required for the installation; and
(iv) for solar photovoltaic systems in particular, the ability to adapt the electrical design, including determining
design currents, selecting appropriate conductor types and ratings for each electrical circuit, determining
appropriate size, ratings and locations for all associated equipment and subsystems and selecting an appro
priate interconnection point.
(e) The installer certification should be time restricted, so that a refresher seminar or event would be necessary for
continued certification.
(
1
)
L 140/52 EN Official Journal of the European Union 5.6.2009
ANNEXV
Rules for calculating the greenhouse gas impact of biofuels, bioliquids and their fossil fuel comparators
A. Typical and default values for biofuels if produced with no net carbon emissions from land-use change
Biofuel production pathway
Typical greenhouse gas
emission saving
Default greenhouse gas
emission saving
sugar beet ethanol 61% 52%
wheat ethanol (process fuel not specified) 32% 16%
wheat ethanol (lignite as process fuel in CHP plant) 32% 16%
wheat ethanol (natural gas as process fuel in conventional
boiler)
45% 34%
wheat ethanol (natural gas as process fuel in CHP plant) 53% 47%
wheat ethanol (straw as process fuel in CHP plant) 69% 69%
corn (maize) ethanol, Community produced (natural gas as
process fuel in CHP plant)
56% 49%
sugar cane ethanol 71% 71%
the part from renewable sources of ethyl-tertio-butyl-ether
(ETBE)
Equal to that of the ethanol production pathway
used
the part from renewable sources of tertiary-amyl-ethyl-ether
(TAEE)
Equal to that of the ethanol production pathway
used
rape seed biodiesel 45% 38%
sunflower biodiesel 58% 51%
soybean biodiesel 40% 31%
palm oil biodiesel (process not specified) 36% 19%
palm oil biodiesel (process with methane capture at oil mill) 62% 56%
waste vegetable or animal(
*
) oil biodiesel 88% 83%
hydrotreated vegetable oil from rape seed 51% 47%
hydrotreated vegetable oil from sunflower 65% 62%
hydrotreated vegetable oil from palm oil (process not specified) 40% 26%
hydrotreated vegetable oil from palm oil (process with meth
ane capture at oil mill)
68% 65%
pure vegetable oil from rape seed 58% 57%
biogas from municipal organic waste as compressed natural
gas
80% 73%
biogas from wet manure as compressed natural gas 84% 81%
biogas from dry manure as compressed natural gas 86% 82%
(
*
) Not including animal oil produced from animal by-products classified as category 3 material in accordance with Regulation (EC)
No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules on animal by-products
not intended for human consumption
(
1
) OJ L 273, 10.10.2002, p. 1.
.
5.6.2009 EN Official Journal of the European Union L 140/53
B. Estimated typical and default values for future biofuels that were not on the market or were on the market only in negligible quan
tities in January 2008, if produced with no net carbon emissions from land-use change
Biofuel production pathway
Typical greenhouse gas
emission saving
Default greenhouse gas
emission saving
wheat straw ethanol 87% 85%
waste wood ethanol 80% 74%
farmed wood ethanol 76% 70%
waste wood Fischer-Tropsch diesel 95% 95%
farmed wood Fischer-Tropsch diesel 93% 93%
waste wood dimethylether (DME) 95% 95%
farmed wood DME 92% 92%
waste wood methanol 94% 94%
farmed wood methanol 91% 91%
the part from renewable sources of methyl-tertio-butyl-ether
(MTBE)
Equal to that of the methanol production pathway
used
C. Methodology
1. Greenhouse gas emissions from the production and use of transport fuels, biofuels and bioliquids shall be calcu
lated as:
E = e
ec
+ e
l
+ e
p
+ e
td
+ e
u
– e
sca
– e
ccs
– e
ccr
– e
ee
,
where
E = total emissions from the use of the fuel;
e
ec
= emissions from the extraction or cultivation of raw materials;
e
l
= annualised emissions from carbon stock changes caused by land-use change;
e
p
= emissions from processing;
e
td
= emissions from transport and distribution;
e
u
= emissions from the fuel in use;
e
sca
= emission saving from soil carbon accumulation via improved agricultural management;
e
ccs
= emission saving from carbon capture and geological storage;
e
ccr
= emission saving from carbon capture and replacement; and
e
ee
= emission saving from excess electricity from cogeneration.
Emissions from the manufacture of machinery and equipment shall not be taken into account.
2. Greenhouse gas emissions from fuels, E, shall be expressed in terms of grams of CO
2
equivalent per MJ of fuel,
gCO
2eq
/MJ.
3. By derogation from point2, for transport fuels, values calculated in terms of gCO
2eq
/MJ may be adjusted to take
into account differences between fuels in useful work done, expressed in terms of km/MJ. Such adjustments shall
be made only where evidence of the differences in useful work done is provided.
4. Greenhouse gas emission saving from biofuels and bioliquids shall be calculated as:
SAVING = (E
F
– E
B
)/E
F
,
where
E
B
= total emissions from the biofuel or bioliquid; and
E
F
= total emissions from the fossil fuel comparator.
(
1
)
L 140/54 EN Official Journal of the European Union 5.6.2009
5. The greenhouse gases taken into account for the purposes of point1 shall be CO
2
, N
2
O and CH
4
. For the purpose
of calculating CO
2
equivalence, those gases shall be valued as follows:
CO
2
:1
N
2
O: 296
CH
4
:23
6. Emissions from the extraction or cultivation of raw materials, e
ec
, shall include emissions from the extraction or
cultivation process itself; from the collection of raw materials; from waste and leakages; and from the production
of chemicals or products used in extraction or cultivation. Capture of CO
2
in the cultivation of raw materials shall
be excluded. Certified reductions of greenhouse gas emissions from flaring at oil production sites anywhere in the
world shall be deducted. Estimates of emissions from cultivation may be derived from the use of averages calcu
lated for smaller geographical areas than those used in the calculation of the default values, as an alternative to
using actual values.
7. Annualised emissions from carbon stock changes caused by land-use change, e
l
, shall be calculated by dividing total
emissions equally over 20 years. For the calculation of those emissions the following rule shall be applied:
e
l
= (CS
R
– CS
A
) × 3,664 × 1/20 × 1/P – e
B
(
1
) The quotient obtained by dividing the molecular weight of CO
2
(44,010g/mol) by the molecular weight of carbon (12,011g/mol) is equal
to3,664.
,
where
e
l
= annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as
mass of CO
2
-equivalent per unit biofuel energy);
CS
R
= the carbon stock per unit area associated with the reference land use (measured as mass of carbon per
unit area, including both soil andvegetation). The reference land use shall be the land use in January 2008
or20 years before the raw material was obtained, whichever was the later;
CS
A
= the carbon stock per unit area associated with the actual land use (measured as mass of carbon per unit
area, including both soil andvegetation). In cases where the carbon stock accumulates over more than
one year, the value attributed to CS
A
shall be the estimated stock per unit area after 20 years or when the
crop reaches maturity, whichever the earlier;
P = the productivity of the crop (measured as biofuel or bioliquid energy per unit area per year); and
e
B
= bonus of 29 gCO
2eq
/MJ biofuel or bioliquid if biomass is obtained from restored degraded land under the
conditions provided for in point8.
8. The bonus of 29 gCO
2eq
/MJ shall be attributed if evidence is provided that the land:
(a) was not in use for agriculture or any other activity in January 2008; and
(b) falls into one of the following categories:
(i) severely degraded land, including such land that was formerly in agricultural use;
(ii) heavily contaminated land.
The bonus of 29 gCO
2eq
/MJ shall apply for a period of up to10 years from the date of conversion of the land to
agricultural use, provided that a steady increase in carbon stocks as well as a sizable reduction in erosion phenom
ena for land falling under (i) are ensured and that soil contamination for land falling under (ii) is reduced.
9. The categories referred to in point8(b) are defined as follows:
(a) ‘severely degraded land’ means land that, for a significant period of time, has either been significantly sali
nated or presented significantly low organic matter content and has been severely eroded;
(b) ‘heavily contaminated land’ means land that is unfit for the cultivation of food and feed due to soil
contamination.
Such land shall include land that has been the subject of a Commission decision in accordance with the fourth sub
paragraph of Article18(4).
5.6.2009 EN Official Journal of the European Union L 140/55
10. The Commission shall adopt, by 31December 2009, guidelines for the calculation of land carbon stocks drawing
on the 2006 IPCC Guidelines for National Greenhouse Gas Inventories — volume4. The Commission guidelines
shall serve as the basis for the calculation of land carbon stocks for the purposes of this Directive.
11. Emissions from processing, e
p
, shall include emissions from the processing itself; from waste and leakages; and from
the production of chemicals or products used in processing.
In accounting for the consumption of electricity not produced within the fuel production plant, the greenhouse
gas emission intensity of the production and distribution of that electricity shall be assumed to be equal to the aver
age emission intensity of the production and distribution of electricity in a defined region. By derogation from this
rule, producers may use an average value for an individual electricity production plant for electricity produced by
that plant, if that plant is not connected to the electricity grid.
12. Emissions from transport and distribution, e
td
, shall include emissions from the transport and storage of raw and
semi-finished materials and from the storage and distribution of finished materials. Emissions from transport and
distribution to be taken into account under point6 shall not be covered by this point.
13. Emissions from the fuel in use, e
u
, shall be taken to be zero for biofuels and bioliquids.
14. Emission saving from carbon capture and geological storage e
ccs
, that have not already been accounted for in e
p
,
shall be limited to emissions avoided through the capture and sequestration of emitted CO
2
directly related to the
extraction, transport, processing and distribution of fuel.
15. Emission saving from carbon capture and replacement, e
ccr
, shall be limited to emissions avoided through the cap
ture of CO
2
of which the carbon originates from biomass and which is used to replace fossil-derived CO
2
used in
commercial products and services.
16. Emission saving from excess electricity from cogeneration, e
ee
, shall be taken into account in relation to the excess
electricity produced by fuel production systems that use cogeneration except where the fuel used for the cogen
eration is a co-product other than an agricultural crop residue. In accounting for that excess electricity, the size of
the cogeneration unit shall be assumed to be the minimum necessary for the cogeneration unit to supply the heat
that is needed to produce the fuel. The greenhouse gas emission saving associated with that excess electricity shall
be taken to be equal to the amount of greenhouse gas that would be emitted when an equal amount of electricity
was generated in a power plant using the same fuel as the cogeneration unit.
17. Where a fuel production process produces, in combination, the fuel for which emissions are being calculated and
one or more other products (co-products), greenhouse gas emissions shall be divided between the fuel or its inter
mediate product and the co-products in proportion to their energy content (determined by lower heating value in
the case of co-products other than electricity).
18. For the purposes of the calculation referred to in point17, the emissions to be divided shall be e
ec
+ e
l
+ those frac
tions of e
p
, e
td
and e
ee
that take place up to and including the process step at which a co-product is produced. If any
allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions
assigned in the last such process step to the intermediate fuel product shall be used for this purpose instead of the
total of those emissions.
In the case of biofuels and bioliquids, all co-products, including electricity that does not fall under the scope of
point16, shall be taken into account for the purposes of that calculation, except for agricultural crop residues,
including straw, bagasse, husks, cobs and nut shells. Co-products that have a negative energy content shall be con
sidered to have an energy content of zero for the purpose of the calculation.
Wastes, agricultural crop residues, including straw, bagasse, husks, cobs and nut shells, and residues from process
ing, including crude glycerine (glycerine that is not refined), shall be considered to have zero life-cycle greenhouse
gas emissions up to the process of collection of those materials.
In the case of fuels produced in refineries, the unit of analysis for the purposes of the calculation referred to in
point17 shall be the refinery.
19. For biofuels, for the purposes of the calculation referred to in point4, the fossil fuel comparator E
F
shall be the
latest available actual average emissions from the fossil part of petrol and diesel consumed in the Community as
reported under Directive 98/70/EC. If no such data are available, the value used shall be 83,8 gCO
2eq
/MJ.
L 140/56 EN Official Journal of the European Union 5.6.2009
For bioliquids used for electricity production, for the purposes of the calculation referred to in point4, the fossil
fuel comparator E
F
shall be 91 gCO
2eq
/MJ.
For bioliquids used for heat production, for the purposes of the calculation referred to in point4, the fossil fuel
comparator E
F
shall be 77 gCO
2eq
/MJ.
For bioliquids used for cogeneration, for the purposes of the calculation referred to in point4, the fossil fuel com
parator E
F
shall be 85 gCO
2eq
/MJ.
D. Disaggregated default values for biofuels and bioliquids
Disaggregated default values for cultivation: ‘e
ec
’ as defined in part C of this Annex
Biofuel and bioliquid production pathway
Typical greenhouse gas
emissions
(gCO
2eq
/MJ)
Default greenhouse gas
emissions
(gCO
2eq
/MJ)
sugar beet ethanol 12 12
wheat ethanol 23 23
corn (maize) ethanol, Community produced 20 20
sugar cane ethanol 14 14
the part from renewable sources of ETBE Equal to that of the ethanol production pathway
used
the part from renewable sources of TAEE Equal to that of the ethanol production pathway
used
rape seed biodiesel 29 29
sunflower biodiesel 18 18
soybean biodiesel 19 19
palm oil biodiesel 14 14
waste vegetable or animal(
*
) oil biodiesel 0 0
hydrotreated vegetable oil from rape seed 30 30
hydrotreated vegetable oil from sunflower 18 18
hydrotreated vegetable oil from palm oil 15 15
pure vegetable oil from rape seed 30 30
biogas from municipal organic waste as compressed natural
gas
00
biogas from wet manure as compressed natural gas 0 0
biogas from dry manure as compressed natural gas 0 0
(
*
) Not including animal oil produced from animal by-products classified as category 3 material in accordance with Regulation (EC)
No 1774/2002.
Disaggregated default values for processing (including excess electricity): ‘e
p
– e
ee
’ as
defined in part C of this Annex
Biofuel and bioliquid production pathway
Typical greenhouse gas
emissions
(gCO
2eq
/MJ)
Default greenhouse gas
emissions
(gCO
2eq
/MJ)
sugar beet ethanol 19 26
wheat ethanol (process fuel not specified) 32 45
wheat ethanol (lignite as process fuel in CHP plant) 32 45
wheat ethanol (natural gas as process fuel in conventional
boiler)
21 30
wheat ethanol (natural gas as process fuel in CHP plant) 14 19
Biofuel and bioliquid production pathway
Typical greenhouse gas
emissions
(gCO
2eq
/MJ)
Default greenhouse gas
emissions
(gCO
2eq
/MJ)
5.6.2009 EN Official Journal of the European Union L 140/57
wheat ethanol (straw as process fuel in CHP plant) 1 1
corn (maize) ethanol, Community produced (natural gas as
process fuel in CHP plant)
15 21
sugar cane ethanol 1 1
the part from renewable sources of ETBE Equal to that of the ethanol production pathway
used
the part from renewable sources of TAEE Equal to that of the ethanol production pathway
used
rape seed biodiesel 16 22
sunflower biodiesel 16 22
soybean biodiesel 18 26
palm oil biodiesel (process not specified) 35 49
palm oil biodiesel (process with methane capture at oil mill) 13 18
waste vegetable or animal oil biodiesel 9 13
hydrotreated vegetable oil from rape seed 10 13
hydrotreated vegetable oil from sunflower 10 13
hydrotreated vegetable oil from palm oil (process not specified) 30 42
hydrotreated vegetable oil from palm oil (process with meth
ane capture at oil mill)
79
pure vegetable oil from rape seed 4 5
biogas from municipal organic waste as compressed natural
gas
14 20
biogas from wet manure as compressed natural gas 8 11
biogas from dry manure as compressed natural gas 8 11
Disaggregated default values for transport and distribution: ‘e
td
’ as defined in part C
of this Annex
Biofuel and bioliquid production pathway
Typical greenhouse gas
emissions
(gCO
2eq
/MJ)
Default greenhouse gas
emissions
(gCO
2eq
/MJ)
sugar beet ethanol 2 2
wheat ethanol 2 2
corn (maize) ethanol, Community produced 2 2
sugar cane ethanol 9 9
the part from renewable sources of ETBE Equal to that of the ethanol production pathway
used
the part from renewable sources of TAEE Equal to that of the ethanol production pathway
used
rape seed biodiesel 1 1
sunflower biodiesel 1 1
soybean biodiesel 13 13
palm oil biodiesel 5 5
waste vegetable or animal oil biodiesel 1 1
hydrotreated vegetable oil from rape seed 1 1
hydrotreated vegetable oil from sunflower 1 1
hydrotreated vegetable oil from palm oil 5 5
pure vegetable oil from rape seed 1 1
biogas from municipal organic waste as compressed natural
gas
33
biogas from wet manure as compressed natural gas 5 5
biogas from dry manure as compressed natural gas 4 4
L 140/58 EN Official Journal of the European Union 5.6.2009
Total for cultivation, processing, transport and distribution
Biofuel and bioliquid production pathway
Typical greenhouse gas
emissions
(gCO
2eq
/MJ)
Default greenhouse gas
emissions
(gCO
2eq
/MJ)
sugar beet ethanol 33 40
wheat ethanol (process fuel not specified) 57 70
wheat ethanol (lignite as process fuel in CHP plant) 57 70
wheat ethanol (natural gas as process fuel in conventional
boiler)
46 55
wheat ethanol (natural gas as process fuel in CHP plant) 39 44
wheat ethanol (straw as process fuel in CHP plant) 26 26
corn (maize) ethanol, Community produced (natural gas as
process fuel in CHP plant)
37 43
sugar cane ethanol 24 24
the part from renewable sources of ETBE Equal to that of the ethanol production pathway
used
the part from renewable sources of TAEE Equal to that of the ethanol production pathway
used
rape seed biodiesel 46 52
sunflower biodiesel 35 41
soybean biodiesel 50 58
palm oil biodiesel (process not specified) 54 68
palm oil biodiesel (process with methane capture at oil mill) 32 37
waste vegetable or animal oil biodiesel 10 14
hydrotreated vegetable oil from rape seed 41 44
hydrotreated vegetable oil from sunflower 29 32
hydrotreated vegetable oil from palm oil (process not specified) 50 62
hydrotreated vegetable oil from palm oil (process with meth
ane capture at oil mill)
27 29
pure vegetable oil from rape seed 35 36
biogas from municipal organic waste as compressed natural
gas
17 23
biogas from wet manure as compressed natural gas 13 16
biogas from dry manure as compressed natural gas 12 15
E. Estimated disaggregated default values for future biofuels and bioliquids that were not on the market or were only on the market in
negligible quantities in January 2008
Disaggregated default values for cultivation: ‘e
ec
’ as defined in part C of this Annex
Biofuel and bioliquid production pathway
Typical greenhouse gas
emissions
(gCO
2eq
/MJ)
Default greenhouse gas
emissions
(gCO
2eq
/MJ)
wheat straw ethanol 3 3
waste wood ethanol 1 1
farmed wood ethanol 6 6
waste wood Fischer-Tropsch diesel 1 1
farmed wood Fischer-Tropsch diesel 4 4
waste wood DME 1 1
farmed wood DME 5 5
waste wood methanol 1 1
farmed wood methanol 5 5
the part from renewable sources of MTBE Equal to that of the methanol production pathway
used
5.6.2009 EN Official Journal of the European Union L 140/59
Disaggregated default values for processing (including excess electricity): ‘e
p
– e
ee
’ as
defined in part C of this Annex
Biofuel and bioliquid production pathway
Typical greenhouse gas
emissions
(gCO
2eq
/MJ)
Default greenhouse gas
emissions
(gCO
2eq
/MJ)
wheat straw ethanol 5 7
wood ethanol 12 17
wood Fischer-Tropsch diesel 0 0
wood DME 0 0
wood methanol 0 0
the part from renewable sources of MTBE Equal to that of the methanol production pathway
used
Disaggregated default values for transport and distribution: ‘e
td
’ as defined in part C
of this Annex
Biofuel and bioliquid production pathway
Typical greenhouse gas
emissions
(gCO
2eq
/MJ)
Default greenhouse gas
emissions
(gCO
2eq
/MJ)
wheat straw ethanol 2 2
waste wood ethanol 4 4
farmed wood ethanol 2 2
waste wood Fischer-Tropsch diesel 3 3
farmed wood Fischer-Tropsch diesel 2 2
waste wood DME 4 4
farmed wood DME 2 2
waste wood methanol 4 4
farmed wood methanol 2 2
the part from renewable sources of MTBE Equal to that of the methanol production pathway
used
Total for cultivation, processing, transport and distribution
Biofuel and bioliquid production pathway
Typical greenhouse gas
emissions
(gCO
2eq
/MJ)
Default greenhouse gas
emissions
(gCO
2eq
/MJ)
wheat straw ethanol 11 13
waste wood ethanol 17 22
farmed wood ethanol 20 25
waste wood Fischer-Tropsch diesel 4 4
farmed wood Fischer-Tropsch diesel 6 6
waste wood DME 5 5
farmed wood DME 7 7
waste wood methanol 5 5
farmed wood methanol 7 7
the part from renewable sources of MTBE Equal to that of the methanol production pathway
used
L 140/60 EN Official Journal of the European Union 5.6.2009
ANNEXVI
Minimum requirements for the harmonised template for national renewable energy action plans
1. Expected final energy consumption:
Gross final energy consumption in electricity, transport and heating and cooling for 2020 taking into account the effects
of energy efficiency policy measures.
2. National sectoral 2020 targets and estimated shares of energy from renewable sources in electricity, heating and cooling
and transport:
(a) target share of energy from renewable sources in electricity in 2020;
(b) estimated trajectory for the share of energy from renewable sources in electricity;
(c) target share of energy from renewable sources in heating and cooling in 2020;
(d) estimated trajectory for the share of energy from renewable sources in heating and cooling;
(e) estimated trajectory for the share of energy from renewable sources in transport;
(f) national indicative trajectory as referred to in Article3(2) and part B of AnnexI.
3. Measures for achieving the targets:
(a) overview of all policies and measures concerning the promotion of the use of energy from renewable sources;
(b) specific measures to fulfil the requirements of Articles13, 14 and16, including the need to extend or reinforce
existing infrastructure to facilitate the integration of the quantities of energy from renewable sources needed to
achieve the 2020 national target, measures to accelerate the authorisation procedures, measures to reduce non-
technological barriers and measures concerning Articles17 to21;
(c) support schemes for the promotion of the use of energy from renewable sources in electricity applied by the Mem
ber State or a group of Member States;
(d) support schemes for the promotion of the use of energy from renewable sources in heating and cooling applied by
the Member State or a group of Member States;
(e) support schemes for the promotion of the use of energy from renewable sources in transport applied by the Mem
ber State or a group of Member States;
(f) specific measures on the promotion of the use of energy from biomass, especially for new biomass mobilisation
taking into account:
(i) biomass availability: both domestic potential and imports;
(ii) measures to increase biomass availability, taking into account other biomass users (agriculture and forest-
based sectors);
(g) planned use of statistical transfers between Member States and planned participation in joint projects with other
Member States and third countries:
(i) the estimated excess production of energy from renewable sources compared to the indicative trajectory which
could be transferred to other Member States;
(ii) the estimated potential for joint projects;
(iii) the estimated demand for energy from renewable sources to be satisfied by means other than domestic
production.
5.6.2009 EN Official Journal of the European Union L 140/61
4. Assessments:
(a) the total contribution expected of each renewable energy technology to meet the mandatory 2020 targets and the
indicative trajectory for the shares of energy from renewable sources in electricity, heating and cooling and
transport;
(b) the total contribution expected of the energy efficiency and energy saving measures to meet the mandatory 2020
targets and the indicative trajectory for the shares of energy from renewable sources in electricity, heating and cool
ing and transport.
L 140/62 EN Official Journal of the European Union 5.6.2009
ANNEXVII
Accounting of energy from heat pumps
The amount of aerothermal, geothermal or hydrothermal energy captured by heat pumps to be considered energy from
renewable sources for the purposes of this Directive, E
RES
, shall be calculated in accordance with the following formula:
E
RES
= Q
usable
* (1 – 1/SPF)
where
— Q
usable
= the estimated total usable heat delivered by heat pumps fulfilling the criteria referred to in Article5(4), imple
mented as follows: Only heat pumps for which SPF > 1,15 * 1/η shall be taken into account,
— SPF = the estimated average seasonal performance factor for those heat pumps,
— η is the ratio between total gross production of electricity and the primary energy consumption for electricity produc
tion and shall be calculated as an EU average based on Eurostat data.
By 1January 2013, the Commission shall establish guidelines on how Member States are to estimate the values of Q
usable
and SPF for the different heat pump technologies and applications, taking into consideration differences in climatic condi
tions, especially very cold climates.
