Commission Opinion in accordance with point (c) of the third subparagraph of Article 251(2) of the EC Treaty on the European Parliament's amendments to the common position of the Council on the proposal for a Directive of the European Parliament and of the Council on the promotion of electricity from renewable energy sources in the internal electricity market amending the proposal from the Commission in accordance with Article 250(2) of the EC Treaty
Date: 2001-07-24
Institutions: European Commission
Subjects: approximation of laws, electrical energy, energy production, renewable energy, single market

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 24.07.2001
COM(2001) 445 final

2000/0116 (COD)

COMMISSION OPINION

in accordance with point (c) of the third subparagraph of Article 251(2) of the EC
Treaty
on the European Parliament’s amendments
to the common position of the Council on the proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the promotion of electricity from renewable energy sources in the internal electricity
market

AMENDING THE PROPOSAL FROM THE COMMISSION
in accordance with Article 250(2) of the EC Treaty

2000/0116 (COD)

COMMISSION OPINION

in accordance with point (c) of the third subparagraph of Article 251(2) of the EC
Treaty
on the European Parliament’s amendments
to the common position of the Council on the proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the promotion of electricity from renewable energy sources in the internal electricity
market

1.

INTRODUCTION

Point  (c)  of  the  third  subparagraph  of  Article 251(2)  of  the  EC  Treaty  requires  the
Commission  to  deliver  an  opinion  on  amendments  proposed  by  the  European  Parliament  at
second  reading.  The  Commission  hereby  delivers  its  opinion  on  the  nine  amendments
proposed by Parliament.

2.

a)

b)

c)

d)

e)

f)

BACKGROUND

On  31 May  2000  the  Commission  sent  the  Council  and  the  European  Parliament  its
proposal for a Directive (COM(2000) 279 final - 2000/0116 (COD) of 10 May 2000).1

The Economic and Social Committee delivered a favourable opinion on 20 September
2000.2

The Committee of the Regions delivered a favourable opinion on 21 September 2000.3

On 16 November 2000 the European Parliament delivered a favourable opinion at first
reading  and  adopted  a  series  of  amendments  designed, inter  alia,  to  clarify  certain
definitions  relating  to  renewable  energy  sources,  and  comprising  18  amendments  to
the Commission’s proposal.4

The Commission’s amended proposal was sent to the European Parliament and to the
Council on 29 December 2000.5

The Council adopted its common position on 23 March 2001.6

1 OJ C 311E, 31.10.2000, p. 320.
2 OJ C 367, 20.12.2000, p. 5.
3 OJ C 22, 24.1.2001, p. 27.
4 A5-0320/2000.
5 COM(2000)884 final.
6 OJ C

2

                                                
g)

h)

The Council’s common position and the Commission’s communication thereon were
sent to European Parliament on 30 March 2001.7

On  4 July  2001  the  European  Parliament  adopted  at  second  reading  a  resolution
including nine amendments to the common position.

3.

PURPOSE OF THE PROPOSAL

The Commission’s proposal is designed to facilitate a significant medium-term increase in the
production  of  electricity  from  renewable  energy  sources  (“RES  electricity”)  in  the  EU.  In
view of the indicative target set in the White Paper on Renewable Energy Sources of doubling
the share of renewable energy, and in accordance with the principles accepted by the EU at
Kyoto, Member States will be called upon to set national targets for their future consumption
of RES electricity.

The main features of the proposal are:

-

-

-

-

-

a basic definition of RES electricity;

the introduction of indicative targets for electricity consumption in the Member States,
with a figure of 22% at European level;

Commission  monitoring  of  the  application  of  support  schemes  for  producers  of
electricity generated from renewable energy sources and conventional sources;

mechanisms to guarantee the origin of RES electricity;

priority access to the transmission and distribution of RES electricity.

4.

COMMISSION OPINION ON THE EUROPEAN PARLIAMENT’S AMENDMENTS

At second reading Parliament adopted nine amendments to the Council’s  common  position.
The Commission accepts those amendments.

4.1.

Amendments accepted by the Commission

·   Amendment  1  -  Recital 7  makes  it  possible  for  the  Commission  to  propose  mandatory

targets should this prove necessary.

·   Amendment  3  -  Recital 16  reinforces  the  argument  that  it  is  important  to  maintain

investors’  confidence.

·   Amendment  5  -  Article 3  makes  it  possible  for  the  Commission  to  propose  mandatory

targets should this prove necessary.

·   Amendment  6  -  Article 4(2)  clarifies  the  contents  of  a  future  Commission  report  on  the

various support schemes for RES electricity.

7 SEC(2001) 506 final.

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·   Amendment 7 - Article 7(1) introduces compulsory priority for RES electricity, insofar as

this is possible under the national electricity system.

·   Amendment  8  -  Article 7(2a)  introduces  the  possibility  of  connection  costs  being  shared

between transmission and distribution system operators.

·   Amendment  9  -  Article  7(4a)  requires  Member  States  to  ensure  that  the  charging  of
transmission and distribution fees does not discriminate against electricity from renewable
energy sources, including electricity from renewable sources produced in outlying regions.
Where necessary, Member States are to ensure that fees charged for the transmission and
distribution  of  electricity  from  plants  using  renewable  sources  reflect  realisable  cost
benefits  resulting  from  the  plant’s  connection  to  the  network.  Such  benefits  could  arise
from the direct use of the low-voltage grid.

·   Amendment  10,  Article  8,  second  subparagraph,  indent  1  stipulates  that  in  its  report  the
Commission must consider the external costs of non-renewable energies and the impact of
public support granted to electricity production.

·   Amendment  11,  Recital 8  clarifies  that  support  systems  for  renewable  energies  must  be
consistent  with  the  Community’s  other  objectives,  particularly  regarding  the  waste
treatment hierarchy.

4.2.

Amendments rejected by the Commission

·   No amendments were rejected by the Commission.

5.

CONCLUSION

By  virtue  of  Article 250(2)  of  the  EC  Treaty,  the  Commission  is  amending  its  proposal
following the preceding terms.

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