EN Official Journal of the European Union CE 78/191

(2004/C 78 E/0198)

WRITTEN QUESTION E-2935/03

by Monica Frassoni (Verts/ALE) and Guido Sacconi (PSE) to the Commission

(6 October 2003)

Subject: Inclusion of waste among the energy sources coming under the arrangements applying to renewable energy sources

Article 2(a) of Directive 2001/77/EC (1) on the promotion of electricity produced from renewable energy sources in the internal electricity market states that the term ‘renewable energy sources’ covers, among other things, ‘biomass’. Article 2(b) defines biomass as ‘the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste’.

Article 15 (inclusion of waste among the energy sources coming under the arrangements applying to renewable energy sources) of the draft Presidential Decree incorporating into national law Directive 2001/77/EC on the promotion of electricity produced from renewable energy sources in the internal electricity market, which is currently in the process of being adopted in Italy, provides that waste, including the nonbiodegradable fraction, will come under the arrangements applying to renewable energy sources.

Although the final deadline for the directive's incorporation into national law is 27 October 2003, in its Inter-Environnement Wallonie ruling the Court of Justice confirmed that during the period between the adoption of a directive and the deadline for its transposition Member States must refrain from taking any measures liable to undermine the directive's objectives.

Given the above, can the Commission confirm:

1. that Directive 2001/77/EC applies solely to the biodegradable fraction of waste?

2. that, in particular, the incentive system established therein applies solely to the biodegradable fraction of waste?

3. that national transposition measures which include the non-biodegradable fraction of waste among renewable energy sources for the purposes of Directive 2001/77/EC (as regards at least some of its provisions such as, in this instance, eligibility for the incentives laid down for renewable sources) are contrary to the directive's provisions?

4. that national arrangements seeking to make the non-biodegradable fraction of waste eligible for support under the scheme set up by the national authorities in accordance with Directive 2001/77/EC are, in addition to being contrary to the directive's provisions, in breach of the Treaty, with particular reference to Articles 87 and 88 thereof?

5. that national arrangements involving non-differentiated support (i.e. that also covers the nonbiodegradable fraction) for the incineration of waste on the basis of the principles laid down in Directive 2001/77/EC are not compatible with the Community waste management strategy set out in the Commission communication of 30 July 1996 (2), on which Directive 2001/77/EC is based?

Answer given by Mrs de Palacio on behalf of the Commission

(20 November 2003)

The Commission confirms that the non-biodegradable fraction of waste is not regarded as a renewable energy source according to the definition in Article 2(b) in Directive 2001/77/EC of the Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (3).

The Directive has as a main purpose to promote an increase in the contribution of renewable energy sources to electricity production. However, the Directive does not establish a renewable energy support system. The Commission shall present not later than October 2005 a report on the different support systems existing in Member States and this report, if necessary, will be accompanied by a proposal for a Community framework with regard to support schemes, such as green certificates, for electricity produced from renewable energy sources.

Concerning its provisions on the eligibility for the incentives laid down for renewable sources of energy, Directive 2001/77/EC simply indicates that support should be granted ‘without prejudice to Article 87 and 88 of the Treaty’. National legislation that includes non-biodegradable waste amongst renewable sources of energy must therefore be in line with the Community State aid rules on environmental matters, which are laid down in the Community guidelines on State aid for environmental protection (4).

It is clear that the specific provisions of the guidelines concerning aid to renewable sources of energy (points E.1.3 and E.3.3 of the environmental guidelines) can only apply if these renewable sources are defined in accordance with Article 2 of Directive 2001/77/EC (see point 6 and footnote 7 of the environmental guidelines). These provisions are therefore not applicable to aid for the production of electricity from non-biodegradable waste. However, this type of aid could be in line with the provisions of the environmental guidelines applicable to operating aid to promote waste management (Point E.3.1 of the guidelines).

The objective of Directive 2001/77/EC has to be seen together with the waste management principles laid down in the Community waste strategy. National arrangements involving non-differentiated support (i.e. that also covers the non-biodegradable fraction) for the incineration of waste need to demonstrate that they do not run counter the principle of waste prevention and do not hinder waste re-use and recycling.

The Commission will carefully analyse the laws, regulations and administrative provisions which will be brought into force by Member States to comply with Directive 2001/77/EC.

(1) OJ L 283, 27.10.2001, p. 33.

(2) COM(96) 399 final.

(3) ‘Biomass’ shall mean the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste.

(4) OJ C 37, 3.2.2001.