Council Directive 2006/108/EC of 20 November 2006 adapting Directives 90/377/EEC and 2001/77/EC in the field of energy, by reason of the accession of Bulgaria and Romania
Date: 2006-11-20
Institutions: Council of the European Union
Subjects: Bulgaria, Council of the European Union, EC Directive, Romania, accession to the European Union, approximation of laws, electrical energy, energy policy, energy production, price of energy, publishing of prices, renewable energy

414

EN

Official Journal of the European Union

20.12.2006

COUNCIL DIRECTIVE 2006/108/EC

of 20 November 2006

adapting Directives 90/377/EEC and 2001/77/EC in the field of energy, by reason of the accession
of Bulgaria and Romania

THE COUNCIL OF THE EUROPEAN UNION,

Article 2

Having regard to the Treaty establishing the European Com-
munity,

Having regard to the Treaty of Accession of Bulgaria and
Romania (1), and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and
Romania, and in particular Article 56 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

Pursuant to Article 56 of the Act of Accession, where
acts of the institutions remain valid beyond 1 January
2007, and require adaptation by reason of accession,
and the necessary adaptations have not been provided
for in the Act of Accession or its Annexes, the necessary
acts are to be adopted by the Council, unless the
Commission adopted the original act.

The Final Act of the Conference which drew up the
Treaty of Accession indicated that the High Contracting
Parties had reached political agreement on a set of adap-
tations to acts adopted by the institutions required by
reason of accession and invited the Council and the
Commission to adopt these adaptations before accession,
completed and updated where necessary to take account
of the evolution of the law of the Union.

(3)

Directives 90/377/EEC (2) and 2001/77/EC (3)
therefore be amended accordingly,

should

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by the date of accession of Bulgaria and Romania to
the European Union at the latest. They shall forthwith commu-
nicate to the Commission the text of those provisions and a
correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
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 3

This Directive shall enter into force subject to and on the date
of the entry into force of the Treaty of Accession of Bulgaria
and Romania.

Article 4

This Directive is addressed to the Member States.

HAS ADOPTED THIS DIRECTIVE:

Done at Brussels, 20 November 2006

Article 1

Directives 90/377/EEC and 2001/77/EC shall be amended as
set out in the Annex.

For the Council

The President

J. KORKEAOJA

(1) OJ L 157, 21.6.2005, p. 11.
(2) OJ L 185, 17.7.1990, p. 16.
(3) OJ L 283, 27.10.2001, p. 33.

20.12.2006

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Official Journal of the European Union

415

ANNEX

ENERGY

1. 31990 L 0377: Council Directive 90/377/EEC of 29 June 1990 concerning a Community procedure to improve the
transparency of gas and electricity prices charged to industrial end-users (OJ L 185, 17.7.1990, p. 16), as amended by:

— 31993 L 0087: Commission Directive 93/87/EEC of 22.10.1993 (OJ L 277, 10.11.1993, p. 32),

— 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the

Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

— 12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech
Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic (OJ L 236, 23.9.2003, p. 33),

— 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L

284, 31.10.2003, p. 1).

(a) The following are inserted in Annex I, paragraph 11:

‘— Bulgaria: Sofia,’

‘— Romania: Bucharest,’;

(b) the following are inserted in Annex II, point I.(2):

‘— Bulgaria:

the country as a whole,’

‘— Romania:

the country as a whole’.

2. 32001 L 0077: Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the
(OJ L 283,
promotion of electricity produced from renewable energy sources in the internal electricity market
27.10.2001, p. 33), as amended by:

— 12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech
Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic (OJ L 236, 23.9.2003, p. 33).

(a) In the Annex the following is inserted after the entry for Belgium:

‘Bulgaria

and, after the entry for Portugal:

‘Romania

1,7

14,9

6

28

(b) in the Annex, the entry for the Community is replaced by the following:

‘Community

372

13,2

11(7)’

33’

21’

(c) in the Annex, footnotes (**) and (***) are replaced by the following:

‘(**) Data refer to the national production of RES-E in 1997, except for the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia where data refer to 1999, and for Bulgaria and
Romania where data refers to 2001.

(***) The percentage contributions of RES-E in 1997 (in 1999-2000 for the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, in 2001 for Bulgaria and Romania) and 2010 are
based on the national production of RES-E divided by the gross national electricity consumption. For the
Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, gross
national electricity consumption is based on 2000 data. For Bulgaria and Romania gross national electricity
consumption is based on 2001 data. In the case of internal trade of RES-E (with recognised certification or
origin registered) the calculation of these percentages will influence 2010 figures by Member State but not the
Community total.’.

(d) In the Annex, the following footnote concerning the entry for Bulgaria is added:

‘(7) On the basis of the preliminary analysis and the updated information, the 11 % target is based on a positive
development of renewable energies and on favourable climate conditions. The possibility of reaching this indi-
cative target is highly dependent upon the total annual rainfall, timing of rainfall during the year and inflow as
well as other climatic factors heavily affecting the level of hydropower production and utilization of solar and
wind energy. Furthermore, the RES utilization is limited by the relevant environmental and related national
legislation corresponding to the respective EU legislation.’.