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(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 23 April 2009
on the promotion of the use of energy from renewable sources and amending and subsequently 
repealing Directives 2001/77/EC and 2003/30/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 Articles 17, 18 and 19 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 17 September 2008 (OJ C 77, 31.3.2009, p. 43).,
Having regard to the opinion of the Committee of the Regions
(2) OJ C 325, 19.12.2008, p. 12.,
Acting in accordance with the procedure laid down in Article 251 
of the Treaty
(3) Opinion of the European Parliament of 17 December 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, con­stitute 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 commit­ments 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 sec­tor, 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 mea­sures in those areas, encourage the exchange of best prac­tices 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 oppor­tunities, export prospects, social cohesion and employ­ment 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 pro­duction 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)
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(7) Directive 2001/77/EC of the European Parliament and of 
the Council of 27 September 2001  on the promotion of 
electricity produced from renewable energy sources in the internal electricity market
(1) OJ L 283, 27.10.2001, p. 33. and Directive 2003/30/EC of 
the European Parliament and of the Council of 8 May 2003 
on the promotion of the use of biofuels or other renew­
able fuels for transport
(2) OJ L 123, 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 Coun­cil of 26 June 2003 concerning common rules for the 
internal market in electricity
(3) OJ L 176, 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 19 October 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
31 January 2008 on that Action Plan.
(9) The European Council of March 2007 reaffirmed the Com­
munity’s commitment to the Community-wide develop­ment 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 con­sumption 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 appropri­ate, 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) OJ L 350, 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 short­comings. 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 25 September 2007 on the Road Map 
for Renewable Energy in Europe
(5) OJ C 219 E, 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 set­ting 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 gradi­ents 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 poten­tial, significant environmental advantages in terms of heat and power production and its use as biofuel. Biogas instal­lations 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 Parlia­ment, 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 pro­vide 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)
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(15) The starting point, the renewable energy potential and the 
energy mix of each Member State vary. It is therefore nec­essary 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 % improve­ment 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 Coun­cil of 16 December 2002 on the energy performance of 
buildings
(1) OJ L 1, 4.1.2003, p. 65., Directive 2005/32/EC of the European Par­
liament and of the Council of 6 July 2005  establishing a 
framework for the setting of ecodesign requirements for energy-using products
(2) OJ L 191, 22.7.2005, p. 29., and Directive 2006/32/EC of the 
European Parliament and of the Council of 5 April 2006 
on energy end-use efficiency and energy services
(3) OJ L 114, 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 signifi­cant 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 con­tinues 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 indica­tive trajectory tracing a path towards the achievement of their final mandatory targets. They should establish a national renewable energy action plan including informa­tion 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 devel­opment in relation to renewable energy technologies. In particular, the European Institute of Innovation and Tech­nology should give high priority to the research and devel­opment of renewable energy technologies.
(23) Member States may encourage local and regional authori­ties 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 Com­munity and the Member States should promote greater mobilisation of existing timber reserves and the develop­ment 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 tar­get compliance, i.e. national support schemes and coop­eration mechanisms, it is essential that Member States are able to determine if and to what extent their national sup­port schemes apply to energy from renewable sources pro­duced 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 appro­priate, environmental, social and healthcare costs.
(27) Public support is necessary to reach the Community’s 
objectives with regard to the expansion of electricity pro­duced 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, increas­ing 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 Com­mission should present a report to the European Parlia­ment 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 cli­matic 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 con­sumption 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 appro­priate, regions and local authorities.
(35) Whilst having due regard to the provisions of this Direc­tive, Member States should be encouraged to pursue all appropriate forms of cooperation in relation to the objec­tives 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, coopera­tion can also take the form of, for example, exchanges of information and best practices, as provided for, in particu­lar, in the transparency platform established by this Direc­tive, 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 Mem­ber 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, flex­ibility measures are required, but they remain under Mem­ber 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 appropri­ate 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 consid­ered. If, by virtue of a decision taken under the Energy Community Treaty
(1) OJ L 198, 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 appli­cable to them.
(38) When Member States undertake joint projects with one or more third countries regarding the production of electric­ity from renewable energy sources, it is appropriate that those joint projects relate only to newly constructed instal­lations 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 domes­tic use by the third country concerned of part of the pro­duction 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 elec­tricity 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 classify­ing 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. There­fore 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 infra­structures 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 renew­able 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 con­trol 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 pro­ducing 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 com­pared to non-renewable energy installations.
(45) National technical specifications and other requirements 
falling within the scope of Directive 98/34/EC of the Euro­pean Parliament and of the Council of 22 June 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) OJ L 204, 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 pro­vide 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 car­bon emissions per building.
(49) Information and training gaps, especially in the heating 
and cooling sector, should be removed in order to encour­age 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 7 September 2005 on the recognition of 
professional qualifications
(2) OJ L 255, 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 pro­visions of Directive 2005/36/EC and in particular Articles 46 and 49 thereof.
(52) Guarantees of origin issued for the purpose of this Direc­tive 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 trans­ferred, 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 count­ing 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 contrib­ute 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 Article 3(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 accor­dance with Article 3(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 renew­able 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 inter­nal energy market
(1) OJ L 52, 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 Article 3(6) of Direc­tive 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 smooth­ing 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 elec­tricity, in line with Article 11(2) and developing further Article 11(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 elec­tricity 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, guaran­teed 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 sup­port 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 Direc­tive 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 appropri­ate measures in order to allow a higher penetration of elec­tricity 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 installa­tions 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, ben­efit 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 actu­ally 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 con­text of this Directive, including the promotion of sustain­ability 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 biofu­els are used, instead, as bioliquids in the heating or elec­tricity 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 coher­ent 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 environ­mental 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 pur­poses 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 cri­teria 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 des­ignated for nature protection purposes or for the protec­tion 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 Agri­culture 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 modi­fied 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, bio­fuels 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 biofu­els 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 beL 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 neces­sary to ensure that the greenhouse gas emission saving cal­culation 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 Intergovern­mental 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 eco­nomic operators. The Commission should therefore pro­duce guidance drawing on that work to serve as the basis for the calculation of carbon stock changes for the pur­poses of this Directive, including such changes to forested areas with a canopy cover of between 10 to 30 %, savan­nahs, scrublands and prairies.
(72) It is appropriate for the Commission to develop method­ologies 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 green­house 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 and 30 % should also be included, unless there is evidence demonstrating that their carbon stock is suffi­ciently 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 world­wide. 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 require­ments. It is therefore appropriate to encourage the devel­opment 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 cri­teria command a price premium compared to those that do not. According to the mass balance method of verify­ing compliance, there is a physical link between the pro­duction 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 sys­tem while at the same time avoiding the imposition of an unreasonable burden on industry. Other verification meth­ods 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 cultiva­tion, such as through land-use changes, including displace­ment, the introduction of invasive alien species and other effects on biodiversity, and effects on food production and local prosperity. The Commission should consider all rel­evant 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 stan­dards for the production of sustainable biofuels and bioliquids, and that certify that the production of biofuels and bioliquids meets those standards. For that reason, pro­vision 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 gener­ally comparable with those produced by the substitution method. For the purposes of policy analysis the Commis­sion 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 avail­able. 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 wish­ing 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, scientifi­cally 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 Com­munity 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 increas­ing 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 pro­motion 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 accompa­nying measures to encourage an increased rate of produc­tivity 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 Commu­nity 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 Com­mission should analyse, on the basis of best available sci­entific 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 bio­fuels which minimise the impacts of land-use change and 
improve biofuel sustainability with respect to indirect land-
use change. In developing that methodology, the Commis­sion 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 biofu­els should receive an extra weighting under national bio­fuel 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 ben­efits, 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 Euro­pean Parliament and of the Council of 28 January 2003 on 
public access to environmental information
(1) OJ L 41, 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 28 June 1999 laying down the 
procedures for the exercise of implementing powers con­ferred on the Commission
(2) OJ L 184, 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 ful­filled 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 Article 5a 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 Direc­tive 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 Articles 17 to 19 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 
Article 17(8), trade between Member States in biofuels and 
bioliquids which comply with those conditions, they are based on Article 95 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 sub­sidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is neces­sary in order to achieve those objectives.
(97) In accordance with point 34 of the Interinstitutional agree­
ment on better law-making
(3) OJ C 321, 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 transposi­tion measures and to make them public,5.6.2009 EN Official Journal of the European Union L 140/27
HAVE ADOPTED THIS DIRECTIVE:
Article 1
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.
Article 2
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 electric­ity and heat by the energy branch for electricity and heat pro­duction 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 liq­uids, 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 mecha­nism 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 pur­chased. 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 pro­portion of energy from renewable sources in their produc­tion, requiring energy suppliers to include a given proportion of energy from renewable sources in their supply, or requir­ing 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 pro­cess calculated in accordance with the methodology laid down in part C of Annex V;
(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
Article 3
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 Articles 5 
to 11, 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 Annex I. 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 encour­age 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 Annex I.
3. In order to reach the targets set in paragraphs 1 and 2 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 Articles 5 to 11.
Without prejudice to Articles 87 and 88 of the Treaty, Member States shall have the right to decide, in accordance with Articles 5 to 11 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), Mem­ber States may choose to use either the average share of elec­tricity 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 ques­tion. 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 31 December 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.
Article 4
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 consump­tion of energy, and adequate measures to be taken to achieve those national overall targets, including cooperation between local, regional and national authorities, planned statistical trans­fers or joint projects, national policies to develop existing biom­ass resources and mobilise new biomass resources for different uses, and the measures to be taken to fulfil the requirements of Articles 13 to 19. 
By 30 June 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 Annex VI. 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 30 June 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 Articles 6 to 11, 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 Article 22(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 Annex I, shall submit 
an amended national renewable energy action plan to the Com­mission by 30 June of the following year, setting out adequate and proportionate measures to rejoin, within a reasonable timetable, the indicative trajectory in part B of Annex I. 
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 Article 24(2), as well as any recommendation as referred to in paragraph 5 of this Article.
Article 5
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 sub­paragraph, for calculating the share of gross final consumption of energy from renewable sources.
Subject to the second subparagraph of Article 17(1), biofuels and 
bioliquids that do not fulfil the sustainability criteria set out in 
Article 17(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 Annex I, it shall inform the Com­mission accordingly as soon as possible. The Commission shall adopt a decision on whether force majeure has been demon­strated. 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 consump­tion of energy from renewable sources for the year 2020.
3. For the purposes of paragraph 1(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 cal­culation, the contribution of each energy source shall be calcu­lated 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 Annex II. 
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 paragraph 1(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 cal­culated in accordance with the methodology laid down in Annex VII. 
Thermal energy generated by passive energy systems, under which 
lower energy consumption is achieved passively through build­ing design or from heat generated by energy from non-renewable sources, shall not be taken into account for the purposes of paragraph 1(b). 
5. The energy content of the transport fuels listed in Annex III 
shall be taken to be as set out in that Annex. Annex III 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 Article 25(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 
paragraph 1 shall be adjusted in accordance with Articles 6, 8, 10 
and 11. 
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 Mem­ber 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) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics
(1) OJ L 304, 14.11.2008, p. 1..
Member States shall ensure coherence of statistical information used in calculating those sectoral and overall shares and statisti­cal information reported to the Commission under Regulation (EC) No 1099/2008.
Article 6
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 Article 3(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 Article 3(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.Article 7
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 25 June 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 paragraph 2 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 paragraph 3(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 paragraph 3(c).
Article 8
Effects of joint projects between Member States
1. Within three months of the end of each year falling within 
the period specified under Article 7(3)(d), the Member State that made the notification under Article 7 shall issue a letter of noti­fication 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 
Article 7; and5.6.2009 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 paragraph 1(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 let­ter of notification under paragraph 1; and
(b) added to the amount of electricity or heating or cooling from 
renewable energy sources that is taken into account, in mea­suring compliance by the Member State receiving the letter of notification in accordance with paragraph 2.
Article 9
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 allo­cated interconnection capacity by all responsible trans­mission system operators in the country of origin, the country of destination and, if relevant, each third coun­try 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 opera­tor 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 paragraph 2(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 paragraph 1; 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 31 December 
2016;
(b) it is not possible for the interconnector to become opera­
tional by 31 December 2020;
(c) it is possible for the interconnector to become operational by
31 December 2022;
(d) after it becomes operational, the interconnector will be used 
for the export to the Community, in accordance with para­graph  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 paragraph 2 and that will use the interconnector after it becomes operational, and to a quan­tity 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 Article 3, 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 para­graph 2(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 pro­portion or amount of electricity is to count.
5. The notification referred to in paragraph 4 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, sub­ject to confidentiality requirements, the corresponding finan­cial 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 domes­tically by that third country.
6. The period specified under paragraph 5(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 paragraph 5(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.
Article 10
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 Article 9(5)(c), the Member State hav­ing made the notification under Article 9 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 Article 9;
(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 Article 9; and
(c) proof of compliance with the conditions set out in 
Article 9(2).
2. The Member State shall send the letter of notification to the 
third country which has acknowledged the project in accordance with Article 9(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 paragraph 1(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.Article 11
Joint support schemes
1. Without prejudice to the obligations of Member States 
under Article 3, 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 Mem­ber 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 Article 6; 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 paragraph 1(b) shall issue a letter of notification stating the total amount of electricity or heating or cooling from renewable energy sources produced dur­ing 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 paragraph 2 shall be reallo­cated between the concerned Member States in accordance with the notified distribution rule.
Article 12
Capacity increases
For the purpose of Article 7(2) and Article 9(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.
Article 13
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 plan­ning and building applications;
(b) comprehensive information on the processing of authorisa­tion, 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 particu­larities of individual renewable energy technologies;
(e) administrative charges paid by consumers, planners, archi­
tects, builders and equipment and system installers and sup­pliers are transparent and cost-related; and
(f) simplified and less burdensome authorisation procedures, including through simple notification if allowed by the appli­cable 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 sys­tems in order to benefit from support schemes. Where European standards exist, including eco-labels, energy labels and other tech­nical reference systems established by the European standardisa­tion 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 cool­ing 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 build­ings 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 exclu­sively 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 1 January 2012 onwards. Member 
States may, inter alia, allow that obligation to be fulfilled by com­plying 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 renew­able 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 Commu­nity eco-label to electrically driven, gas driven or gas absorption heat pumps
(1) OJ L 301, 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 stan­dardisation bodies.
In assessing the conversion efficiency and input/output ratio of 
systems and equipment for the purposes of this paragraph, Mem­ber States shall use Community or, in their absence, international procedures if such procedures exist.
Article 14
Information and training
1. Member States shall ensure that information on support 
measures is made available to all relevant actors, such as consum­ers, builders, installers, architects, and suppliers of heating, cool­ing 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
31 December 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 Annex IV. Each Mem­ber 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 paragraph 3. Member States may also make avail­able the list of installers who are qualified or certified in accor­dance with the provisions referred to in paragraph 3.
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.Article 15
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 elec­tricity produced from renewable energy sources can be guaran­teed 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 Article 3. 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 sta­tistical 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 Article 5. 
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 Article 3(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 Article 3(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
graph 6(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 Article 3(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 renew­able sources that comes from installations or increased capacity 
that became operational after 25 June 2009.Article 16
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 guar­antee 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 mea­sures are taken in order to minimise the curtailment of elec­tricity 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 indi­cate 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 tech­nical adaptations, such as grid connections and grid reinforce­ments, 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 paragraph 3. 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 paragraph 3 by 30 June 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 trans­mission 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 transmis­sion 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 Article 6 of Directive 
2003/55/EC of the European Parliament and of the Council of26 June 2003 concerning the common rules for the internal mar­
ket in natural gas
(1) OJ L 176, 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 heat­ing and cooling production from large biomass, solar and geo­thermal facilities.
Article 17
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 pur­poses referred to in points (a), (b) and (c) only if they fulfil the sus­tainability criteria set out in paragraphs 2 to 6: 
(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 resi­dues, other than agricultural, aquaculture, fisheries and forestry residues, need only fulfil the sustainability criteria set out in para­graph 2 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 paragraph 1 shall be at least 35 %. 
With effect from 1 January 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 para­graph 1 shall be at least 50 %. From 1 January 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 1 January 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 Article 19(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 1 April 2013.
3. Biofuels and bioliquids taken into account for the purposes 
referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land with high biodiver­sity 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 pro­cesses 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 Article 18(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 nec­essary 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 Article 25(4).4. Biofuels and bioliquids taken into account for the purposes 
referred to in points (a), (b) and (c) of paragraph 1 shall not be 
made from raw material obtained from land with high carbon stock, namely land that had one of the following statuses in Janu­ary 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 % and 30 %, 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 Annex V is applied, the conditions laid down in paragraph 2 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 paragraph 1 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 pre­viously 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 require­ments 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) No 73/2009 of 19 January 2009 estab­
lishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers
(1) OJ L 30, 31.1.2009, p. 16. and in accordance with the mini­
mum requirements for good agricultural and environmental con­dition defined pursuant to Article 6(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 paragraphs 2 to 5 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 avail­ability 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 
(No 29), 
—Convention concerning Freedom of Association and Protec­
tion of the Right to Organise (No 87), 
—Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (No 98), 
—Convention concerning Equal Remuneration of Men and Women Workers for Work of Equal Value (No 100), 
—Convention concerning the Abolition of Forced Labour 
(No 105), 
—Convention concerning Discrimination in Respect of 
Employment and Occupation (No 111), 
—Convention concerning Minimum Age for Admission to 
Employment (No 138), 
—Convention concerning the Prohibition and Immediate 
Action for the Elimination of the Worst Forms of Child Labour (No 182).
Those reports shall state, both for third countries and Member States that are a significant source of raw material for biofuel con­sumed 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 evi­dence 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
graph 1, 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 31 December 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 Annex V or in the sustainability criteria relating to carbon stocks applied to biofuels and bioliquids, the Commission shall, where appropriate, make pro­posals to the European Parliament and Council at the same time in this regard.
Article 18
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 
Article 17(1), Member States shall require economic operators to show that the sustainability criteria set out in Article 17(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 con­signments added to the mixture.
2. The Commission shall report to the European Parliament 
and the Council in 2010 and 2012 on the operation of the mass 
balance verification method described in paragraph 1 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 Article 17(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 Article 17(7). 
The Commission shall, in accordance with the advisory procedure 
referred to in Article 25(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 Article 24 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 con­taining provisions relating to matters covered by the sustainabil­
ity criteria set out in Article 17(2) to (5), the Commission may 
decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those coun­tries 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 Article 17(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 Article 17(2) or demonstrate that consignments of biofuel comply with the sus­tainability criteria set out in Article 17(3) to (5). The Commission may decide that those schemes contain accurate data for the pur­poses 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 Article 17(7). The Commission may also recognise areas for the protection of rare, threatened or endangered ecosystems or spe­cies 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 Article 17(3)(b)(ii). 
The Commission may decide that voluntary national or interna­
tional schemes to measure greenhouse gas emission saving con­tain accurate data for the purposes of Article 17(2). 
The Commission may decide that land that falls within the scope 
of a national or regional recovery programme aimed at improv­ing severely degraded or heavily contaminated land fulfils the cri­teria referred to in point 9 of part C of Annex V. 
5. The Commission shall adopt decisions under paragraph 4 
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 Annex V. Lists of areas of high biodiversity value as referred to in Article 17(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 paragraph 4 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 Article 17(2) to (5) nor informa­tion on measures referred to in the second subparagraph of para­graph 3 of this Article.
8. At the request of a Member State or on its own initiative the 
Commission shall examine the application of Article 17 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 Article 17(1).
9. By 31 December 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.
Article 19
Calculation of the greenhouse gas impact of biofuels and 
bioliquids
1. For the purposes of Article 17(2), the greenhouse gas emis­
sion saving from the use of biofuel and bioliquids shall be calcu­lated 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 point 7 of part C of Annex V 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 Annex V; or
(c) by using a value calculated as the sum of the factors of the 
formula referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors.
2. By 31 March 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 sta­tistics (NUTS) or as a more disaggregated NUTS level in accor­dance with Regulation (EC) No  1059/2003 of the European 
Parliament and of the Council of 26 May 2003 on the establish­
ment of a common classification of territorial units for statistics (NUTS)
(1) OJ L 154, 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 ‘Dis­aggregated default values for cultivation’ in part D of Annex V 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 Annex V for biofuels, and the 
disaggregated default values for cultivation in part D of Annex V 
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 paragraph 2; 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 31 March 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 emis­sions reported under the heading ‘cultivation ’ in part D of 
Annex V, 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 31 December 2012, and 
every two years thereafter, on the estimated typical and default 
values in parts B and E of Annex V, paying particular attention to emissions from transport and processing, and may, where neces­sary, 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 Article 25(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 emis­sions 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 method­ology for emissions from carbon stock changes caused by indi­rect land-use changes, ensuring compliance with this Directive, in particular Article 17(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 31 December 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 bio­fuels at the end of 2012.
The European Parliament and the Council shall endeavour to 
decide, by 31 December 2012, on any such proposals submitted 
by the Commission.5.6.2009 EN Official Journal of the European Union L 140/41
7. Annex V 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 modify­ing 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 Article 25(4). 
Regarding the default values and methodology laid down in 
Annex V, 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 
Annex V 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 point 9 of part C of Annex V 
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 Article 25(4).
Article 20
Implementing measures
The implementing measures referred to in the second subpara­graph of Article 17(3), the third subparagraph of Article 18(3), Article 18(6), Article 18(8), Article 19(5), the first subparagraph of Article 19(7), and Article 19(8) shall also take full account of 
the purposes of Article 7a of Directive 98/70/EC.
Article 21
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 percent­ages 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 Article 3(4), the contribution made by biofuels produced from wastes, residues, non-food cel­lulosic material, and ligno-cellulosic material shall be considered to be twice that made by other biofuels.
Article 22
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 31 December 2011, and every two years thereafter. 
The sixth report, to be submitted by 31 December 2021, shall be 
the last report required.
The report shall detail, in particular:(a) the sectoral (electricity, heating and cooling, and transport) 
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 Annex I, in accordance with Article 5;
(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 Article 3(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 cel­lulosic 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 Article 16(3);
(g) developments in the availability and use of biomass resources 
for energy purposes;
(h) changes in commodity prices and land use within the Mem­ber 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 paragraph 1, use the typical values given in part A and part B of Annex V.
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.
Article 23
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, sub­mitted pursuant to Article 22(1), and those of relevant third coun­tries, 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 instal­lations to which Article 19(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 implemen­tation of the measures in this Directive relating to biofuels and bioliquids. It shall, within that framework, pay particular atten­tion to the impact biofuel production may have on food prices.
3. On the basis of the reports submitted by Member States 
pursuant to Article 22(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 sub­stitution 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 achiev­ing 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 eco­nomic 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 cov­ered in Article 17(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 Article 22(3), the Commission shall analyse the effec­
tiveness of measures taken by Member States on establishing a single administrative body responsible for processing authorisa­tion, certification and licensing applications and providing assis­tance to applicants.
7. In order to improve financing and coordination with a view 
to the achievement of the 20 % target referred to in Article 3(1), 
the Commission shall, by 31 December 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 Article 3(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 consider­ing economic, environmental and social impacts, includ­ing 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 cho­sen 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 rep­resent 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 par­ticular 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 Article 3(3), those mechanisms enable Member States to 
achieve the national targets defined in Annex I 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 Coun­cil, 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 Direc­tive 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 Annex I 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 
paragraphs 8 and 9.
Article 24
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 Article 6 and joint projects referred to in Articles 7 and 9. In addition, the platform may be used to make public relevant information which the Commission or a Member State deems to be of key impor­tance 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 sensi­tive information: 
(a) Member States’ national renewable energy action plans;
(b) Member States’ forecast documents referred to in Article 4(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 Article 6(2) on the statistical 
transfers between Member States;
(e) the information referred to in Article  7(2) and  (3) and 
Article 9(4) and (5) on joint projects;
(f) Member States’ national reports referred to in Article 22;
(g) the Commission reports referred to in Article 23(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 Article 4(3), or the infor­mation in Member States’ national reports referred to in Article 22(1)(l) and (m).
Article 25
Committees
1. Except in the cases referred to in paragraph 2, 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, Articles 3 and 7 
of Decision 1999/468/EC shall apply, having regard to the pro­
visions of Article 8 thereof.
4. Where reference is made to this paragraph, Article 5a(1) 
to (4) and Article 7 of Decision 1999/468/EC shall apply, having 
regard to the provisions of Article 8 thereof.
Article 26
Amendments and repeal
1. In Directive 2001/77/EC, Article  2, Article  3(2), and 
Articles 4 to 8 shall be deleted with effect from 1 April 2010.
2. In Directive 2003/30/EC, Article 2, Article 3(2), (3) and (5), 
and Articles 5 and 6 shall be deleted with effect from 1 April 
2010.
3. Directives 2001/77/EC and 2003/30/EC shall be repealed 
with effect from 1 January 2012.
Article 27
Transposition
1. Without prejudice to Article 4(1), (2) and (3), Member States 
shall bring into force the laws, regulations and administrative pro­
visions necessary to comply with this Directive by 5 December 
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 mak­ing 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.
Article 28
Entry into force
This Directive shall enter into force on the 20th day following its 
publication in the Official Journal of the European Union.Article 29
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 23 April 2009.
For the European Parliament
The President
H.-G. PÖTTERINGFor the Council
The President
P. NEČAS(1)L 140/46 EN Official Journal of the European Union 5.6.2009
ANNEX I
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 (S2005)Target for share of energy from renewable 
sources in gross final consumption of 
energy, 2020 (S2020)
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 Article 3(2) shall consist of the following shares of energy from renewable sources:
S2005 + 0,20 (S2020 –  S2005), as an average for the two-year period 2011 to 2012;
S2005 + 0,30 (S2020 –  S2005), as an average for the two-year period 2013 to 2014;5.6.2009 EN Official Journal of the European Union L 140/47
S2005 + 0,45 (S2020 –  S2005), as an average for the two-year period 2015 to 2016; and
S2005 + 0,65 (S2020 –  S2005), as an average for the two-year period 2017 to 2018,
where
S2005 = the share for that Member State in 2005 as indicated in the table in part A,
andS
2020 = the share for that Member State in 2020 as indicated in the table in part A.QN(norm)=CN×[∑
i=N–14NQi
Ci]/15
QN(norm)=CN+CN–1
2×∑
i=N-nN
Qi
∑
j=N-nN
(Cj+Cj–1
2)L 140/48 EN Official Journal of the European Union 5.6.2009
ANNEX II
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;
QN(norm)=normalised electricity generated by all hydropower plants of the Member State in year N , for accounting pur­
poses;
Qi=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;
Ci =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 Mem­ber 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;
Qi=the quantity of electricity actually generated in year i by all wind power plants of the Member State mea­
sured in GWh;
Cj =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
ANNEX III
Energy content of transport fuels
FuelEnergy 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 bio­ethanol)38 (of which 29 % from renewable sources)29 (of which 29 % from renewable sources)
Biobutanol (butanol produced from biomass, to be used as bio­fuel)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 press­ing, 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 36L 140/50 EN Official Journal of the European Union 5.6.2009
ANNEX IV
Certification of installers
The certification schemes or equivalent qualification schemes referred to in Article 14(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 con­tinuity and regional or national coverage. The training provider shall have adequate technical facilities to provide prac­tical 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 equip­ment 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 installa­tions, solar photovoltaic or solar thermal installations.
6. The certification schemes or equivalent qualification schemes referred to in Article 14(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, seal­ing 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 situ­ation of biomass and cover ecological aspects, biomass fuels, logistics, fire protection, related subsidies, combus­tion 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 Com­munity 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 iden­tification 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 require­ments, 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 compres­sor, 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 consump­tion, 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, compo­nents, characteristics and dimensioning of solar systems, selection of accurate systems and dimensioning of com­ponents, 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 instal­lation 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 appro­priate 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
ANNEX V
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 pathwayTypical greenhouse gas 
emission savingDefault 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 meth­ane capture at oil mill)68 % 65 %
pure vegetable oil from rape seed 58 % 57 %
biogas from municipal organic waste as compressed natural gas80 % 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 pathwayTypical greenhouse gas 
emission savingDefault 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 calcu­lated as: 
E = e
ec + el + ep + etd + eu – esca – eccs – eccr – eee, 
where 
E =total emissions from the use of the fuel;
eec =emissions from the extraction or cultivation of raw materials;
el =annualised emissions from carbon stock changes caused by land-use change;
ep =emissions from processing;
etd =emissions from transport and distribution;
eu =emissions from the fuel in use;
esca =emission saving from soil carbon accumulation via improved agricultural management;
eccs =emission saving from carbon capture and geological storage;
eccr =emission saving from carbon capture and replacement; and
eee =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 gr a m s  o f  C O2 equivalent per MJ of fuel, 
gCO2eq/MJ. 
3. By derogation from point 2, for transport fuels, values calculated in terms of gCO2eq/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 =  ( EF – EB)/EF, 
where 
EB =total emissions from the biofuel or bioliquid; and
EF =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 point 1 shall be CO2, N2O and CH4. For the purpose 
of calculating CO2 equivalence, those gases shall be valued as follows: 
CO2:1
N2O:296
CH4:2 3
6. Emissions from the extraction or cultivation of raw materials, eec, 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 CO2 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 calcu­lated 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: 
el =  (CSR – CSA) × 3,664 × 1/20 × 1/P – eB
(1) The quotient obtained by dividing the molecular weight of CO2 (44,010 g/mol) by the molecular weight of carbon (12,011 g/mol) is equal
to 3,664.,
where
el =annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as 
mass of CO2-equivalent per unit biofuel energy);
CSR =the carbon stock per unit area associated with the reference land use (measured as mass of carbon per 
unit area, including both soil and vegetation). The reference land use shall be the land use in January 2008 or 20 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 and vegetation). 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
eB =bonus of 29 gCO2eq/MJ biofuel or bioliquid if biomass is obtained from restored degraded land under the 
conditions provided for in point 8.
8. The bonus of 29 gCO2eq/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 gCO2eq/MJ shall apply for a period of up to 10 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 point 8(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 Article 18(4).5.6.2009 EN Official Journal of the European Union L 140/55
10. The Commission shall adopt, by 31 December 2009, guidelines for the calculation of land carbon stocks drawing 
on the 2006 IPCC Guidelines for National Greenhouse Gas Inventories — volume 4. 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,  ep, 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 aver­age 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 point 6 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  eccs, that have not already been accounted for in  ep, 
shall be limited to emissions avoided through the capture and sequestration of emitted CO2 directly related to the 
extraction, transport, processing and distribution of fuel. 
15. Emission saving from carbon capture and replacement,  eccr, shall be limited to emissions avoided through the cap­
ture of CO2 of which the carbon originates from biomass and which is used to replace fossil-derived CO2 used in 
commercial products and services. 
16. Emission saving from excess electricity from cogeneration,  eee, 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 cogen­eration 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 point 17, the emissions to be divided shall be  e
ec + el + those frac­
tions of ep, etd and eee 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 
point 16, 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 con­sidered 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 
point 17 shall be the refinery. 
19. For biofuels, for the purposes of the calculation referred to in point 4, 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 point 4, the fossil 
fuel comparator EF shall be 91 gCO2eq/MJ. 
For bioliquids used for heat production, for the purposes of the calculation referred to in point 4, the fossil fuel comparator E
F shall be 77 gCO2eq/MJ. 
For bioliquids used for cogeneration, for the purposes of the calculation referred to in point 4, the fossil fuel com­parator E
F shall be 85 gCO2eq/MJ. 
D. Disaggregated default values for biofuels and bioliquids
Disaggregated default values for cultivation: ‘eec’ as defined in part C of this Annex
Biofuel and bioliquid production pathwayTypical greenhouse gas 
emissions
(gCO2eq/MJ)Default greenhouse gas 
emissions
(gCO2eq/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 gas00
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): ‘ep – eee’ a s  
defined in part C of this Annex
Biofuel and bioliquid production pathwayTypical greenhouse gas 
emissions
(gCO2eq/MJ)Default greenhouse gas 
emissions
(gCO2eq/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 19Biofuel and bioliquid production pathwayTypical greenhouse gas
emissions
(gCO2eq/MJ)Default greenhouse gas
emissions
(gCO2eq/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 meth­ane capture at oil mill)79
pure vegetable oil from rape seed 4 5
biogas from municipal organic waste as compressed natural gas14 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 pathwayTypical greenhouse gas 
emissions
(gCO2eq/MJ)Default greenhouse gas 
emissions
(gCO2eq/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 gas33
biogas from wet manure as compressed natural gas 5 5
biogas from dry manure as compressed natural gas 4 4L 140/58 EN Official Journal of the European Union 5.6.2009
Total for cultivation, processing, transport and distribution
Biofuel and bioliquid production pathwayTypical greenhouse gas 
emissions
(gCO2eq/MJ)Default greenhouse gas 
emissions
(gCO2eq/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 meth­ane capture at oil mill)27 29
pure vegetable oil from rape seed 35 36
biogas from municipal organic waste as compressed natural 
gas17 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 pathwayTypical greenhouse gas 
emissions
(gCO2eq/MJ)Default greenhouse gas 
emissions
(gCO2eq/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 
used5.6.2009 EN Official Journal of the European Union L 140/59
Disaggregated default values for processing (including excess electricity): ‘ep – eee’ a s  
defined in part C of this Annex
Biofuel and bioliquid production pathwayTypical greenhouse gas 
emissions
(gCO2eq/MJ)Default greenhouse gas 
emissions
(gCO2eq/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: ‘etd’ as defined in part C 
of this Annex
Biofuel and bioliquid production pathwayTypical greenhouse gas 
emissions
(gCO2eq/MJ)Default greenhouse gas 
emissions
(gCO2eq/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 pathwayTypical greenhouse gas 
emissions
(gCO2eq/MJ)Default greenhouse gas 
emissions
(gCO2eq/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 
usedL 140/60 EN Official Journal of the European Union 5.6.2009
ANNEX VI
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 Article 3(2) and part B of Annex I.
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 Articles 13, 14 and 16, 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 Articles 17 to 21;
(c) support schemes for the promotion of the use of energy from renewable sources in electricity applied by the Mem­ber 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 Mem­ber 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 cool­ing and transport.L 140/62 EN Official Journal of the European Union 5.6.2009
ANNEX VII
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, ERES, shall be calculated in accordance with the following formula:
ERES = Qusable *  ( 1  –  1 /SPF)
where
—Qusable = the estimated total usable heat delivered by heat pumps fulfilling the criteria referred to in Article 5(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 1 January 2013, the Commission shall establish guidelines on how Member States are to estimate the values of Qusable 
and SPF for the different heat pump technologies and applications, taking into consideration differences in climatic condi­tions, especially very cold climates.