Proposal for a Directive of the European Parliament and of the Council on the promotion of the use of energy from renewable sources {COM(2008) 30 final} {SEC(2008) 57} {SEC(2008) 85}
Date: 2008-01-23
Institutions: European Commission
Subjects: electrical energy, energy consumption, energy policy, energy production, energy supply, reduction of gas emissions, renewable energy, substitute fuel

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.1.2008 
COM(2008) 19 final 

2008/0016 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the promotion of the use of energy from renewable sources 

(presented by the Commission) 

{COM(2008) 30 final} 
{SEC(2008) 57} 
{SEC(2008) 85} 

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Explanatory memorandum 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The Community has long recognised the need to further promote renewable energy given that 
its exploitation contributes to climate change mitigation through the reduction of greenhouse 
gas  emissions,  sustainable  development,  security  of  supply  and  the  development  of  a 
knowledge based industry creating jobs, economic growth, competitiveness and regional and 
rural development. 

This  Proposal  for  a  Directive  aims  to  establish  an  overall  binding  target  of  a  20%  share  of 
renewable  energy  sources  in  energy  consumption  and  a  10%  binding  minimum  target  for 
biofuels in transport to be achieved by each Member State, as well as binding national targets 
by 2020 in line with the overall EU target of 20%. 

Responding  to  the  call  made  by  the  European  Council  of  March  2006  (Council  Document 
7775/1/06 REV10) the Commission presented its Strategic European Energy Review on the 
10 January 2007. As part of the Review, the Renewable Energy Road Map [COM(2006) 848] 
set  out  a  long  term  vision  for  renewable  energy  sources  in  the  EU.  It  proposed  that  the  EU 
establish a binding target of 20% for renewable energy's share of energy consumption in the 
EU by 2020, and a binding 10% target for the share of renewable energy in transport petrol 
and diesel. 

The European Parliament noted in its Resolution on climate change (14 February 2007) that 
energy  policy  is  a  crucial  element  of  the  EU  global  strategy  on  climate  change,  in  which 
renewable  energy  sources  and  energy  efficient  technologies  play  an  important  role.  The 
Parliament  supported  the  proposal  of  a  binding  target  to  increase  the  level  of  renewable 
energy in the EU energy mix to 20% by 2020 as a good starting point, and considered that this 
target  should  be  increased  to  25%  of  the  EU  energy  mix.  Furthermore  the  European 
Parliament, in its Resolution on the Roadmap for Renewable Energy in Europe (25 September 
2007),  called  on  the  Commission  to  present  by  the  end  of  2007  a  proposal  for  a  renewable 
energy legislative framework, referring to the importance of setting targets for the shares of 
renewable energy sources at EU and Member State level. 

The Brussels European Council of March 2007 (Council Document 7224/07) reaffirmed the 
Community's  long-term  commitment  to  the  EU-wide  development  of  renewable  energies 
beyond  2010  and  invited  the  Commission  to  submit  its  proposal  for  a  new  comprehensive 
Directive on the use of renewable resources. This should include legally binding targets for 
the overall share of renewable energy and the share of biofuels for transport in each Member 
State. 

•  General context 

The EU and the world are at a cross-road concerning the future of energy. The challenges of 
climate change caused by anthropogenic emissions of greenhouse gases, mainly from use of 
fossil energy, need to be tackled effectively and urgently. Recent studies have contributed to 
growing awareness and knowledge of the problem and its long-term consequences, and have 
stressed  the  need  for  decisive  and  immediate  action.  An  integrated  approach  to  climate  and 

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energy  policy  is  needed  given  that  energy  production  and  use  are  primary  sources  for 
greenhouse  gas  emissions.  The  European  Union's  increasing  dependence  on  energy  imports 
threatens its security of supply and implies higher prices. In contrast, boosting investment in 
energy  efficiency,  renewable  energy  and  new  technologies  has  wide-reaching  benefits  and 
contributes to the EU's strategy for growth and jobs. 

The consequences of climate change, increasing dependence on fossil fuels, and rising energy 
prices make it even more pressing for the EU to put in place a comprehensive and ambitious 
policy  on  energy  combining  action  at  the  European  and  Member  States'  level.  In  the 
framework  of  this  energy  policy,  the  renewable  energy  sector  stands  out  for  its  ability  to 
reduce  greenhouse  gas  emissions  and  pollution,  exploit  local  and  decentralised  energy 
sources, and stimulate world-class high-tech industries. 

Renewable energy sources are largely indigenous, they do not rely on the future availability of 
conventional  sources  of  energy,  and  their  predominantly  decentralised  nature  makes  our 
economies  less  vulnerable  to  volatile  energy  supply.  Consequently  they  constitute  a  key 
element of a sustainable energy future. 

For  renewables  to  become  the  "stepping  stone"  to  reaching  the  dual  objective  of  increased 
security of supply and reduced greenhouse gas emissions, a change in the way in which the 
EU promotes renewables is needed. Strengthening and expansion of the current EU regulatory 
framework  is  necessary.  It  is  important  to  ensure  that  all  Member  States  take  the  necessary 
measures to increase the share of renewables in their energy mix. 

A  new  legislative  framework  for  the  promotion  and  the  use  of  renewable  energy  in  the 
European Union will provide the business community with the long term stability it needs to 
make rational investment decisions in the renewable energy sector so as to put the European 
Union on track towards a cleaner, more secure and more competitive energy future. 

•  Existing provisions in the area of the proposal 

Directive 2001/77/EC (OJ L 283, 27.10.2001) of the European Parliament and of the Council 
on  the  promotion  of  electricity  produced  from  renewable  energy  sources  in  the  internal 
market:  the  Directive  sets  a  21%  indicative  share  of  electricity  produced  from  renewable 
energy  sources  in  total  Community  electricity  consumption  by  2010.  It  defines  national 
indicative targets for each Member State, encourages the use of national support schemes, the 
elimination  of  administrative  barriers  and  grid  system  integration,  and  lays  down  the 
obligation to issue renewable energy producers with guarantees of origin if they request them. 
With current policies and efforts in place, it can be expected that a share of 19% by 2010 –
rather than the 21% aimed at - will be reached.  

Directive 2003/30/EC (OJ L 123, 17.5.2003) of the European Parliament and of the Council 
on the promotion of the use of biofuels or other renewable fuels for transport: the Directive 
sets a target of 5.75% of biofuels of all petrol and diesel for transport placed on the market by 
31 December 2010. Member States were required to set indicative targets for 2005, taking a 
reference  value  of  2%  into  account.  This  interim  indicative  target  has  not  been  achieved. 
Biofuels counted to 1% of transport fuel in 2005. The Commission's conclusion according to 
the  assessment  of  the  progress  is  that  the  target  for  2010  is  not  likely  to  be  achieved- 
expectations are for a share of about 4.2%. 

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Provisions  of  the  former  2001/77/EC  and  2003/30/EC  Directives  that  overlap  with  the 
provisions of the new Directive will be deleted at the moment of transposition; those that deal 
with targets and reporting for 2010 will remain in force until 31 December 2011. 

•  Consistency with the other policies and objectives of the Union 

The Proposal is consistent with the EU policies of combating climate change, reducing green-
house  gas  emissions,  achieving  sustainable  development,  ensuring  energy  security  and 
realising the Lisbon Strategy. 

The  proposal  will,  in  particular,  form  part  of  a  legislative  package  that  will  establish 
greenhouse gas and renewable energy commitments for all Member States. In addition to the 
present Directive establishing renewable energy targets for 2020, the package proposed by the 
Commission includes a Regulation updating national greenhouse gas emissions targets and a 
Directive  to  improve  and  expand  the  EU  emissions  trading  system  (EU  ETS).  The 
interlinkages between setting greenhouse gas reduction targets, the emissions trading scheme 
and  renewable  energy  targets  are  clear.  The  Commission  sees  the  various  elements  as 
complementary:  EU  ETS  will  facilitate  growth  in  renewable  energy;  the  renewable  energy 
Directive will create conditions enabling renewable energy to play a key role in reaching the 
greenhouse gas reduction targets. 

The  Community's  external  energy  policy  should  ensure  the  common  voice  of  the  EU  in 
support  of  intensifying  its  relationship  with  its  energy  partners,  with  a  view  to  further 
diversifying  sources  and  routes,  strengthening  partnership  and  cooperation  and  focusing  on 
the  reduction  of  greenhouse  gas  emissions,  renewables  and  increasing  energy  efficiency. 
Third countries should be able to benefit from the promotion of renewables in the EU through 
the  supply  of  biofuels  and  other  bioliquids  which  meet  sustainability  requirements,  or  the 
supply  of  renewable  electricity  from  neighbouring  countries.  While  in  principle,  no  trade 
restrictions should apply to renewable energy imports or exports, the Community must ensure 
that a level playing field is afforded to all renewable energy producers, in and outside of the 
Community. As this proposal sets ambitious objectives for Member States and its industry to 
meet, the issue of legal framework of third countries must be addressed.  

The development of a market for renewable energy sources and technologies also has a clear 
positive  impact  on  security  of  energy  supply,  regional  and  local  development  opportunities, 
rural  development,  export  prospects,  social  cohesion  and  employment  opportunities, 
especially  as  concerns  small  and  medium-sized  undertakings  as  well  as  independent  power 
producers. 

The  proposal  is  also  consistent  with  the  European  Strategic  Energy  Technology  Plan 
[COM(2007)  723],  which  emphasises  the  need  to  bring  the  next  generation  of  renewable 
energy technologies to market competitiveness. In addition, information and communication 
technologies  will  further  facilitate  the  integration  of  renewable  energies  into  the  European 
electricity supply and distribution system. 

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2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The  main  issues  addressed  in  the  renewable  energy  roadmap  were  debated  in  the  public 
consultation on the Energy Green Paper and the Strategic European Energy Review between 
March and September 2006. Furthermore there have been consultations during 2007 including 
with  Member  States,  citizens,  stakeholder  groups,  civil  society  organisations,  NGOs  and 
consumer organisations. 

The legislative proposal is based on a thorough impact assessment process  with widespread 
consultation with stakeholders: numerous meetings with stakeholders on the key issues of the 
proposal,  including  barriers  to  the  development  of  renewable  energy  uses,  biofuels 
sustainability and flexibility measures in meeting the renewable national targets. Four public 
consultation  exercises  (Internet)  have  taken  place,  apart  from  the  one  on  the  Energy  Green 
Paper (March-September 2006), on the revision of biofuels policy, on heating and cooling in 
renewable energy, on administrative barriers and on biofuels sustainability.  

1. 

2. 

3. 

4. 

Public consultation on the biofuels Directive review (April-July 2006); 

Public consultation on the promotion of heating and cooling from renewable energies 
(August-October 2006); 

Public  consultation  on  administrative  barriers  to  the  development  of  renewable 
resources in the electricity sector (March-April 2007); 

Public  consultation  on  biofuel  issues  in  the  new  legislation  on  the  promotion  of 
renewable energy (April-June 2007). 

Summary of responses and how they have been taken into account 

There was wide support for a stronger policy on renewable energy sources and notably to a 
longer-term target for renewable energy, with suggestions ranging from 20% in 2020 to 50% 
and  more  by  2040/2050.  The  use  of  obligatory  targets  was  widely  supported,  as  was  the 
internalisation of external costs. 

The main positive effects of an EU initiative to increase heating and cooling from renewable 
energy sources, as suggested by a large number of respondents, are related to the promotion of 
local  employment  and  opportunities  for  small  and  medium  sized  enterprises,  regional  and 
rural  development,  stimulating  economic  growth  and  increasing  global  European  industry 
leadership. Tackling climate change and the security of the EU's energy supply were also seen 
as positive effects. The negative effects suggested by respondents mostly relate to the pressure 
on  biomass  resources,  which  are  also  used  for  non-energy  industrial  use  and  its  further 
exploitation may lead to shortages or undesirable environmental impacts. 

The  biofuels  issues  in  the  Directive  were  the  subject  of  the  last  related  public  consultation 
exercise. The proposal submitted to consultation proposed three sustainability criteria: a) land 
with  high  carbon  stocks  should  not  be  converted  for  biofuel  production;  b)  land  with  high 
biodiversity  should  not  be  converted  for  biofuel  production;  c)  biofuels  should  achieve  a 

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minimum level of greenhouse gas savings (carbon stock losses from land use change would 
not be included in the calculation). In the responses, there is general support for such criteria 
from most respondents, with many proposing further reinforcements to the scheme. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

In order to answer the question whether the EU should adopt quantified targets for the share 
of renewable energy in 2020 and if so, for what amount and what form, several analyses and 
studies have been realised including the contribution of external experts. 

Methodology used 

For  the  modelling  exercise  various  scenarios  using  the  PRIMES  and  Green-X  models  have 
been carried out for the EU-27. 

Main organisations/experts consulted 

Several studies have been carried out and used in order to define the different elements of the 
proposal.  These  include  the  FORRES  2020  report:  "Analysis  of  the  EU  renewable  energy 
sources' evolution up to 2020, April 2005"; the OPTRES report: "Analysis of barriers for the 
development  of  electricity  generation  from  renewable  energy  sources  in  the  EU-25",  May 
2006;  the  RE-GO  project  "Renewable  Energy  Guarantees  of  Origin:  implementation, 
interaction and utilization", European Commission Contract No 4.1030/C/02-025/2002; the E-
TRACK project "A European Standard for the tracking of electricity", European Commission 
Contract  No  EIE/04/141/S07.38594;  the  PROGRESS  project  "Promotion  and  growth  of 
renewable  energy  sources  and  systems",  European  Commission  Contract  No  TREN/D1/42-
2005/S07.56988; and the report by MVV Consulting, June 2007: "Heating and cooling from 
renewable energies: cost of national policies and administrative barriers". Regarding biofuels 
target  impact  on  food  prices,  the  study  carried  out  by  the  Zentrum  für  Europaïsche 
Wirtschaftsforschung  (ZEW)  (2007):  "Competitiveness  effects  of  trading  emissions  and 
fostering technologies to meet the EU Kyoto targets", 2007. 

Means used to make the expert advice publicly available 

Most  of  the  studies  used  have  been  published  or  are  available  on  the  Europa  website, 
including the OPTRES project with contract No.: EIE/04/073/S07.38567 (www.optres.fhg.de) 
Progress  report,  2007  "Identification  of  administrative  and  grid  barriers  to  the  promotion  of 
electricity from Renewable Energy Sources" published at: 
http://ec.europa.eu/energy/res/consultation/admin_barriers_en.htm.  

The  MVV  Consulting  report  on  "Heating  and  cooling  from  renewable  energies:  cost  of 
national policies and administrative barriers" is available at:  
http://ec.europa.eu/energy/res/sectors/heat_from_res_en.htm. 

•  Impact assessment 

The impact assessment explores the associated options, described below: 

•  In  what  units  should  renewable  energy  targets  be  expressed?  The  impact  assessment 
compares  options  for  expressing  the  targets  in  terms  of  primary  or  final  energy 

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consumption  and  concludes  in  favour  of  the  latter,  as  it  does  not  discriminate  between 
different types of renewable energy and accounting in primary energy gives greater weight 
to thermal and nuclear energy and therefore increases in these energy sources would make 
the achievement of any given renewable energy share harder to achieve.  

•  How should the 20% commitment be shared between Member States? Different methods 
are assessed, including modelled resource potential in each Member State, applying a flat-
rate increase for all Member States, and modulating results by GDP to reflect fairness and 
cohesion.  The  conclusion  is  that  a  flat-rate  approach  modulated  by  GDP  is  the  most 
appropriate  as  it  provides  a  simple  common,  fair  increase  for  all  Member  States.  When 
weighted by GDP, the result reflects the wealth of the different Member States, and when 
modulated  to  take  account  of  early  progress  in  developing  renewables,  the  result 
recognises  the  role  "early  starters"  have  played  in  leading  the  development  of  renewable 
energy in Europe and also reflects an overall cap on the targeted share of renewable energy 
in 2020 in individual Member States. 

•  How can cross border transfers in renewables be improved (through the use of guarantees 
of origin) to help Member States achieve their commitments – including the possibility of 
renewable energy consumed in one Member State counting towards the targets of another? 
Options  of  standardising  the  guarantees  of  origin  already  applied  in  the  electricity  sector 
are  examined  together  with  the  possible  expansion  of  scope  beyond  the  electricity  sector 
and  various  degrees  of  transferability  of  guarantees  of  origin.  It  is  suggested  that  the 
guarantee  of  origin  regime  can  be  substantially  improved  and  standardised  and  that  its 
scope could be extended to large scale heating and cooling. 

•  What  administrative  and  market  barriers  to  the  development  of  renewable  energy  can  be 
removed?  A  range  of  planning  rules,  administrative  procedures  and  market  information 
failures are examined and requirements or recommendations to remove them are proposed 
(such  as  creating  "one-stop-shops",  ensuring  charges  are  proportionate,  granting  mutual 
recognition of certification, setting planning deadlines, greater provision of information to 
public  and  professionals,  and  establishing  minimum  levels  of  renewable  energy 
consumption in new buildings). 

•  What  criteria  and  monitoring  methods  can  be  used  to  form  a  biofuels  sustainability 
regime?  A  wide  range  of  options  are  explored,  and  it  is  suggested  that  such  a  system 
should  include  minimum  levels  of  greenhouse  gas  performance,  criteria  on  biodiversity 
and  rewards  for  the  use  of  feedstock  diversifying  the  raw  material  pool  such  as 
lignocellulosic material for the production of second generation biofuels. It is appropriate 
to  leave  verification  to  Member  States  (whilst  encouraging  multinational  certification 
schemes); the penalty regime for failing to meet the criteria should be consistent across the 
single  market  and  include  exclusion  from  tax  breaks,  the  barring  of  such  biofuels  from 
biofuel  obligations  and  national  targets.  Finally,  the  actual  "tracing"  of  the  biofuels  will 
require  physical  tracking,  so  that  biofuels  fulfilling  the  sustainability  criteria  can  be 
identified and rewarded with a premium in the market. 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The proposed Directive lays down the principles according to which Member States need to 
ensure that the share of renewable energy in the EU final energy consumption reaches at least 
20% by 2020, and establishes national overall targets for each Member State.  

Three  sectors  are  concerned  in  renewable  energy:  electricity,  heating  and  cooling  and 
transport. The overall approach is for Member States to retain discretion as to the mix of these 
sectors in reaching their national target. However, it is proposed that each Member State shall 
achieve at least a 10% share of renewable energy (primarily biofuels) in the transport sector 
by  2020.  This  is  done  for  the  following  reasons:  (1)  the  transport  sector  is  the  sector 
presenting the most rapid increase in greenhouse gas emissions of all sectors of the economy; 
(2) biofuels tackle the oil dependence of the transport sector, which is one of the most serious 
problems  of  insecurity  in  energy  supply  that  the  EU  faces;  (3)  biofuels  are  currently  more 
expensive  to  produce  than  other  forms  of  renewable  energy,  which  might  mean  that  they 
would hardly be developed without a specific requirement. 

Specifically for biofuels and other bioliquids, the Directive sets up a system to guarantee the 
environmental  sustainability  of  the  policy,  ensuring  inter  alia  that  the  biofuels  counting 
towards the targets achieve a minimum level of greenhouse gas savings. 

•  Legal basis 

The Proposal will be made on the basis of Article 175(1) of the Treaty in combination with 
Article  95.  While  a  single  legal  base  is  preferred,  it  is  recognised  that  a  dual  legal  base  is 
appropriate where a measure contains provisions based on different parts of the Treaty. Both 
these legal bases imply the use of the co-decision procedure. 

The majority of the Proposal falls under Article 175(1) (environment). This Article gives the 
Community  power  to  act  to  preserve,  protect  and  improve  the  quality  of  the  environment, 
protect human health and make prudent and rational use of natural resources. These objectives 
are pursued by this Directive.  

However,  Articles  15,  16  and  17  of  the  Proposal  impose  binding  obligations  on  Member 
States  regarding  the  sustainability  of  biofuels  and  other  bioliquids.  While  the  sustainability 
criteria  themselves  obviously  pursue  an  aim  of  environmental  protection,  the  Directive  also 
prevents  Member  States  from  adopting  certain  measures  which  would  obstruct  trade  in 
biofuels  or  raw  materials.  The  Directive  thus  aims  for  a  complete  harmonisation  of  biofuel 
sustainability criteria in order to ensure that no criteria adopted individually by Member States 
may constitute an obstacle to trade between Member States. For this element of the Directive, 
the internal market is therefore considered to be the primary objective. This assessment is not 
altered by the fact that environmental protection is also an important goal, since Article 95(3) 
EC  expressly  provides  for  a  high  level  of  protection  of  the  environment  to  be  aimed  for  in 
measures  to  complete  the  internal  market.  The  Commission  therefore  considers  that  the 
provisions  of  harmonised  standards  for  biofuel  sustainability  fall  under  Article  95  (internal 
market). 

In  general,  renewable  energy  is  a  close  substitute  for  conventional  energy  and  is  supplied 
through  the  same  infrastructure  and  logistic  systems.  All  Member  States  already  use 

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renewable energy and all have already decided to increase renewable energy's share. For these 
reasons,  the  proposal  will  not  significantly  affect  Member  States'  choice  between  different 
energy sources or the general structure of their energy supply and does not fall under Article 
175(2) of the Treaty. 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  Proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

The objectives of the Proposal cannot be sufficiently achieved by the Member States for the 
following reasons: 

It  is  clear  from  the  experience  with  the  promotion  of  renewable  energy  sources  in  the 
European Union that real progress only began to be made when the European Union adopted 
legislative instruments containing targets to be reached by a given deadline. This is true for 
Directive 2001/77/EC on the promotion of electricity from renewable energy sources and for 
Directive 2003/30/EC on the promotion of the use of biofuels. No such legal framework exists 
to promote the penetration of renewable energy sources in the heating and cooling sector. The 
development of renewable energy in this sector is nearly stagnant. 

The European Council has concluded that the European Union needs to collectively achieve a 
20% share of renewable energy sources in final energy consumption by 2020 for reasons of 
security  of  supply,  of  environmental  protection  and  for  reasons  of  competitiveness  of  the 
renewable sector, which is currently a world leader in many sectors.  

Leaving  action  to  the  Member  States  would  put  the  achievement  of  this  share  at  risk  and 
would not realise an equitable distribution of the efforts needed to arrive at the 20% overall 
share. In addition, leaving action completely to the Member States would also create investor 
uncertainty as to the objectives to be reached and the pathway toward these objectives. 

In  addition  to  the  targets,  the  Directive  addresses  means  to  support  the  development  of 
renewable energy, such as administrative procedures, planning, construction and information 
and training. For electricity from renewable energy sources it tackles grid system issues, such 
as access to the grid, and develops the role of the guarantees of origin. These measures build 
on  existing  provisions  of  Directive  2001/77/EC  and  of  Directive  2002/91/EC  on  the  energy 
performance  of buildings, and  provide for a common  approach  for the  benefit  of renewable 
energy  producers  and  consumers  across  the  Community.  A  Community  approach  to 
promoting renewables by these means is proportionate, because the level of ambition of the 
target  requires  coordinated  action  which  addresses  the  sectors  where  most  progress  can  be 
made. 

Community  action  in  the  field  of  biofuel  sustainability  is  justified,  because  it  avoids  the 
development  of  multiple  national  schemes  which  might  impede  trade  to  and  within  the 
Community. 

In  the  Proposal,  Member  States  retain  wide  discretion  to  favour  the  development  of  the 
renewable energy sector in the way that suits their national potential and circumstances best, 
including  the  option  of  achieving  their  targets  by  supporting  the  development  of  renewable 
energy in other Member States.  

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The Proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle and choice of instruments 

The Proposal complies with the proportionality principle for the following reasons: 

An overall objective could not be reached without overall commitment, expressed in legally 
binding  targets.  As  energy  policy  problems  are  threatening  the  Community  as  a  whole, 
responses should be articulated at the same level. 

The  instrument  chosen  is  a  Directive  that  has  to  be  implemented  by  the  Member  States.  A 
Directive  is  the  appropriate  instrument  for  the  promotion  of  renewable  energy  sources  as  it 
clearly defines the objectives to be reached, while leaving Member States sufficient flexibility 
to implement the Directive in the way that suits their particular national circumstances best. It 
goes  further  than  a  framework  Directive  in  that  it  is  more  precise  on  objectives  and  more 
detailed on measures to be taken. 

The Directive sets an overall binding target for the European Union of 20% renewable energy 
by 2020. In addition, it sets a 10% binding minimum target for the market share of biofuels in 
2020 to be observed by all Member States. 

For  the  rest,  the  Member  States  are  free  to  develop  the  renewable  energy  sector  that 
corresponds best to their national situation and potential, provided they collectively reach the 
20% target.  

The level of constraint imposed is thus proportionate to the objective aimed at. 

4. 

BUDGETARY IMPLICATION 

The Proposal has no implication for the Community budget. 

5. 

ADDITIONAL INFORMATION 

•  Simplification 

The Proposal provides for simplification of legislation. 

Currently  there  are  two  Directives  in  the  field  of  renewable  energy:  for  electricity  and 
biofuels. The third sector, heating and cooling has not been legislated at European level so far. 
The 2020 target setting and revision of the renewable energy sector offers an opportunity to 
propose one comprehensive Directive legislating all the three sectors of renewable energies. 
This makes it possible to put in place indivisible measures in the different sectors, to address 
cross cutting issues (e.g. administrative barriers).  

A single Directive and single national action plans will encourage Member States to think of 
energy policy in a more integrated way concentrating on the best allocation of efforts. 

Reporting is currently required under both Directives; it will be replaced with a single report 
under the proposed new Directive. 

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•  Repeal of existing legislation 

The adoption of the Proposal will lead to the repeal of existing legislation. 

•  Review/revision/sunset clause 

The Proposal includes several review clauses. 

•  Recasting 

The Proposal does not involve recasting. 

•  Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of  national 
provisions  transposing  the  Directive  as  well  as  a  correlation  table  between  those  provisions 
and this Directive. 

•  European Economic Area (EEA) 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area. 

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2008/0016 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the promotion of the use of energy from renewable sources 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
175(1) thereof and Article 95 thereof  

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

(3) 

1 
2 
3 
4 
5 

The increased use of energy from renewable sources constitutes an important part of 
the package of measures needed to reduce greenhouse gas emissions and comply with 
the Kyoto Protocol to the United Nations Framework Convention on Climate Change, 
and  with  further  European  and  international  greenhouse  gas  emission  reduction 
commitments beyond 2012. It also has an important part to play in promoting security 
of  energy  supply,  promoting  technological  development  and  providing  opportunities 
for employment and regional development, especially in rural areas.  

In particular, increased use of biofuels for transport is one of the most effective tools 
by  which  the  Community  can  reduce  its  dependence  on  imported  oil  –  where  the 
security of supply problem is most acute - and influence the fuel market for transport. 

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 market5 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 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 283, 27.10.2001, p. 33. Directive as last amended by Council Directive 2006/108/EC (OJ L 363, 
20.12.2006, p. 414). 

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renewable fuels for transport6 established definitions for different types of renewable 
energy.  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  and 
repealing  Directive  96/92/EC7  established  definitions  for  the  electricity  sector  in 
general.  In  the  interests  of  stability  and  clarity  it  is  appropriate  to  use  the  same 
definitions in this Directive.  

The Renewable Energy Roadmap8 demonstrated that a 20% target for the overall share 
of energy from renewable sources and a 10% target for renewable energy in transport 
would  be  appropriate  and  achievable  objectives,  and  that  a  framework  that  includes 
mandatory targets should provide the business community with the long term stability 
it needs to make rational investment decisions in the renewable energy sector.  

The  Brussels  European  Council  of  March  2007  reaffirmed  the  Community's 
commitment  to  the  Community-wide  development  of  renewable  energies  beyond 
2010. It endorsed a mandatory target of a 20% share of renewable energies in overall 
Community energy consumption by 2020 and a mandatory 10% minimum target 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  and  amending  Council  Directive 
93/12/EEC9 being amended to allow for adequate levels of blending.  

The main purpose of binding targets is to provide certainty for investors. Deferring a 
decision about whether a target is binding until a future event takes place is thus not 
appropriate.  In  a  statement  to  the  minutes  of  the  Council  of  15  February  2007,  the 
Commission  therefore  stated  that  it  did  not  consider  that  the  binding  nature  of  the 
target  should  be  deferred  until  second  generation  biofuels  became  commercially 
available.  

The European Parliament, in its Resolution on the Roadmap for Renewable Energy in 
Europe, has called on the Commission to present by the end of 2007 a proposal for a 
renewable energy legislative framework, referring to the importance of setting targets 
for  the  shares  of  energy  from  renewable  sources  at  Community  and  Member  State 
level.  

In the light of the positions taken by the Commission, the Council and the European 
Parliament, it is appropriate to establish mandatory targets for an overall 20% share of 
renewable energy and a 10% share of renewable energy in transport in the European 
Union's consumption in 2020.  

(4) 

(5) 

(6) 

(7) 

(8) 

(9)  Member States' starting points, renewable energy potentials and energy mixes vary. It 
is  therefore  necessary  to  translate  the  overall  20%  target  into  individual  targets  for 

6 
7 
8 
9 

OJ L 123, 17.5.2003, p. 42. 
OJ L 176, 15.7.2003, p. 37. 
COM(2006) 848. 
OJ L 350, 28.12.1998, p. 58. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 
31.10.2003, p. 1). 

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each Member State, with due regard to a fair and adequate allocation taking account of 
different  national  starting  points  and  potentials,  including  the  existing  level  of 
renewable energies and 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  Gross 
Domestic Product, modulated to reflect national starting points, and by accounting in 
terms of final energy consumption.. 

(10)  By contrast, it is appropriate for the 10% target for renewable energy 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 
renewable transport fuels from elsewhere. While it would technically be possible for 
the Community  to meet  its  biofuel target 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  the  development  of  multilateral  and  bilateral  trade 
negotiations as well as environmental, cost, energy security and other considerations.  

(11)  To ensure that the overall targets are achieved, Member States should work towards a 
an  indicative  trajectory  tracing  a  path  towards  the  achievement  of  their  targets,  and 
should establish a national action plan including sectoral targets, while having in mind 
that  there  are  different  uses  of  biomass  and  therefore  it  is  essential  to  mobilise  new 
biomass resources.  

(12)  To permit the benefits of technological advance 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 later years. In this way, special 
attention  can  be  given  to  sectors  that  disproportionately  suffer  from  the  absence  of 
technological advance and economies of scale and therefore remain under-developed, 
but which in future could significantly contribute to reaching the targets for 2020. 

(13)  The path should take 2005 as its starting point because that is the latest year for which 

reliable data on national renewable energy shares are available. 

(14) 

(15) 

It  is  necessary  to  set  unambiguous  rules  for  calculating  the  share  of  energy  from 
renewable sources. 

In calculating the contribution of hydropower, the effects of climatic variation should 
be smoothed through the use of a normalisation rule. 

(16)  Heat  pumps  using  geothermal  resources  from  the  ground  or  water,  and  heat  pumps 
using ambient heat from the air to transfer the thermal energy to a useful temperature 
level, need electricity to function. Heat pumps using ambient heat from  the air often 
require the use of significant amounts of conventional energy. Therefore, only useful 
thermal energy coming from heat pumps using ambient heat from the air that meet the 
minimum  requirements  of  the  coefficient  of  performance  established  in  Commission 

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Decision  2007/742/EC10,  in  accordance  with  Regulation  (EC)  No  1980/2000  of  the 
European Parliament and of the Council of 17 July 2000 on a revised Community eco-
label  award  scheme11,  should  be  taken  into  account  for  the  purpose  of  measuring 
compliance with the targets established by this Directive.  

(17)  Passive energy systems use building design to harness energy. This is considered to be 
saved  energy.  Therefore,  to  avoid  double  counting,  energy  harnessed  in  this  way 
should not be taken into account for the purposes of this Directive. 

(18) 

Imported electricity, produced from renewable energy sources outside the Community, 
may 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 
generated  by  renewable  energy  installations  that  become  operational  after  the  entry 
into  force  of  this  Directive  should  be  eligible  to  be  counted.  To  ensure  that  such 
imports can be tracked and accounted for in a reliable way, it is appropriate for them to 
take place within the framework of a system of guarantees of origin. Agreements with 
third countries concerning the organisation of this trade in electricity from renewable 
energy sources will be considered. 

(19)  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 also to enable 
Member  States  to  count  electricity,  heating  and  cooling  consumed  in  other  Member 
States  towards  their  own  national  targets.  For  this  reason,  harmonised  provisions  for 
the design and transfer of guarantees of origin in these sectors should be adopted. 

(20)  The  obligatory  issuing,  on  request,  of  guarantees  of  origin  for  heating  or  cooling 
produced from renewable energy sources, should be limited to plants with a capacity 
of at least 5 MWth, in order to avoid the unnecessarily high administrative burdens that 
would  be  imposed  if  smaller  installations,  including  those  in  households,  were  to  be 
included. 

(21)  Member  States  should  be  able  to  establish  systems  of  prior  authorisation  for  the 
transfer of guarantees of origin to or from other Member States if they need to do so to 
ensure a secure and balanced energy supply, to achieve the environmental objectives 
that  underlie  their  support  scheme,  or  to  comply  with  the  targets  laid  down  in  this 
Directive. Such systems should be limited to what is necessary and proportionate and 
should not constitute a means of arbitrary discrimination. 

(22)  Once the system of harmonised guarantees of origin has been tested, the Commission 

should review whether any further changes are needed. 

(23)  To  avoid  interference  with  support  schemes  granted  to  existing  installations  and  to 
avoid  overcompensation  of  renewable  energy  producers,  only  guarantees  of  origin 
issued to installations that were commissioned after the date of entry into force of this 
Directive, or for production due to an increase, after that date, in the renewable energy 
capacity of an installation, should be transferable between Member States. 

10 
11 

OJ L 301, 20.11.2007, p. 14. 
OJ L 237, 21.9.2000, p. 1. 

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15 

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(24)  The  lack  of  transparent  rules  and  coordination  between  the  different  authorisation 
bodies has been shown to hinder the deployment of renewable energy. 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  producing  electricity,  heating  and 
cooling  or  transport  fuels  from  renewable  energy  sources.  Administrative  approval 
procedures  should  be  streamlined  with  clear  deadlines  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. 

(25)  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 
laying  down  a  procedure  for  the  provision  of  information  in  the  field  of  technical 
standards and regulations12, 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 renewable energy should not 
prescribe  national  technical  specifications  which  deviate  from  existing  European 
standards, or require the supported equipment and systems to be certified or tested in a 
specified location or by a specified entity. 

(26)  At  national  and  regional  level,  rules  and  obligations  for  minimum  requirements  of 
renewable  energy  use  in  new  and  refurbished  buildings  have  led  to  considerable 
increases in renewable energy use. These measures should be encouraged in a wider 
European  context,  while  promoting  more  energy-efficient  renewable  energy 
applications in building codes and regulations. 

(27) 

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 

(28)  A  coordinated  approach  is  needed  to  develop  training  and  appropriate  certification 
should  be  made  available  to  small  scale  renewable  energy  equipment  installers  in 
order  to  avoid  market  distortions  and  to  ensure  high  quality  products  and  service 
provision  for  consumers.  National  certification  schemes  should  be  mutually 
recognised by Member States and should therefore be based on minimum harmonised 
principles,  taking  into  account  European  technology  standards,  and  existing  training 
and  qualification  regimes  for  renewable  energy  equipment  installers.  Directive 
2005/36/EC  of  the  European Parliament and of  the Council of 7 September 2005 on 
the recognition of professional qualifications13 should continue to apply to issues not 
governed  by  this  Directive,  such  as  the  recognition  of  professional  qualifications  of 
installers not certified in one Member State.  

(29)  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  the  use  of  energy  from  renewable 
sources  in  their  plans  and  designs.  Member  States  should  therefore  provide  clear 

12 
13 

OJ L 204, 21.7.1998. 
OJ L 255, 30.9.2005, p. 22. 

EN 

16 

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guidance.  This  should  be  done  without  prejudice  to  the  provisions  of  Directive 
2005/36/EC and in particular Articles 46 and 49 thereof. 

(30)  The costs of connecting new producers of electricity from renewable energy sources to 
the  electricity  grid  should  be  objective,  transparent  and  non-discriminatory  and  due 
account should be taken of the benefit embedded generators bring to the grid. 

(31) 

In certain circumstances it is not possible to fully ensure transmission and distribution 
of electricity produced from renewable energy sources without affecting the reliability 
and  safety  of  the  grid  system.  In  these  circumstances  it  may  be  appropriate  for 
financial compensation to be given to those producers. 

(32)  Directive  2001/77/EC  laid  down  the  framework  for  the  integration  in  the  grid  of 
electricity  from  renewable  energy  sources.  However,  there  has  been  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. 

(33) 

Interconnection  among  countries  eases  integration  of  electricity  from  renewable 
energy  sources.  Besides  smoothing  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 new build. 

(34)  Biofuel  production  should  be  environmentally  sustainable.  Biofuels  used  for 
compliance  with  the  targets  laid  down  in  this  Directive,  and  those  that  benefit  from 
national  support  systems,  should  therefore  be  required  to  fulfil  criteria  for 
environmental sustainability.  

(35)  The introduction of environmental sustainability criteria for biofuels will not achieve 
its objective if it leads to products that do not fulfil the criteria and would otherwise 
have  been  used  as  biofuels  being  used,  instead,  as  bioliquids  in  the  heating  or 
electricity sectors. For this reason, the environmental sustainability criteria should also 
apply to bioliquids in general. 

(36)  The Brussels European Council of March 2007 invited the Commission 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. 
These criteria should form a coherent part of a wider scheme covering also bioliquids 
and not biofuels alone. Such sustainability criteria should therefore be included in this 
Directive.  In  order  to  avoid  the  additional  costs  to  business  and  the  environmental 
incoherence that would be associated with an inconsistent approach, it is essential for 
sustainability  criteria  in  respect  of  biofuels  to  be  aligned  between  this  Directive  and 
Directive 98/70/EC. The Commission should in addition review in 2010 whether other 
biomass applications should be included. 

(37) 

If  land  with  high  stocks  of  carbon  in  its  soil  or  vegetation  is  converted  for  the 
cultivation  of  raw  materials  for  biofuels  and  other  bioliquids,  some  of  the  stored 
carbon  will  generally  be  released  into  the  atmosphere,  leading  to  the  formation  of 
carbon  dioxide.  The  negative  greenhouse  gas  impact  of  this  can  offset  the  positive 
greenhouse gas impact of the biofuels or bioliquid, in some cases by a wide margin. 

EN 

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The  full  carbon  effects  of  such  conversion  should  therefore  be  accounted  for  in 
calculating the greenhouse gas savings of particular biofuels and other bioliquids. This 
is necessary to ensure that the greenhouse gas saving calculation takes into account the 
totality of the carbon effects of the use of biofuels and other bioliquids. 

(38) 

In  order  to  prevent  unnecessary  burdensome  research  by  economic  operators  and  in 
order to prevent conversion of high-carbon-stock land that in hindsight would prove to 
be  not  eligible  for  producing  raw  materials  for  biofuels  and  other  bioliquids,  those 
types of land whose 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 savings of producing biofuels and other bioliquids, should not be 
converted for the production of biofuels and other bioliquids. Inventories of worldwide 
carbon  stocks  lead  to  the  conclusion  that  wetlands  and  continuously  forested  areas 
should be included in this category.  

(39)  The incentives provided for in this Directive for biofuels and other bioliquids, and the 
increasing  worldwide  demand  for  biofuels  and  other  bioliquids,  should  not  have  the 
effect of encouraging the destruction of bio-diverse lands. Such exhaustible resources, 
recognised in various international instruments to be of value to all mankind, should 
be  preserved.  Consumers  in  the  Community,  in  addition,  would  find  it  morally 
unacceptable  that  their  increased  use  of  biofuels  and  other  bioliquids  could  have  the 
effect  of  destroying  bio-diverse  lands.  For  these  reasons,  it  is  necessary  to  provide 
criteria ensuring that biofuels and other bioliquids can only qualify for the incentives 
when it can be guaranteed that they do not originate in bio-diverse land. The criteria 
chosen  consider  forest  as  bio-diverse  where  it  is  undisturbed  by  significant  human 
activity (following the definition used by the Food and Agriculture Organisation of the 
United  Nations,  the  United  Nations  Economic  Commission  for  Europe  and  the 
Ministerial  Conference  on  the  Protection  of  Forests  in  Europe14)  or  where  it  is 
protected  by  national  laws  for  nature  protection  purposes.  Further,  considering  the 
highly biodiverse nature of certain grasslands, it is also appropriate that 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/or geographical ranges to define such highly biodiverse grasslands in accordance 
with the best available scientific evidence and relevant international norms.  

(40)  Where biofuels and other bioliquids are made from raw material produced in the EU, 
they  should  also  comply  with  EU  environmental  requirements  for  agriculture. 
Applying  such  criteria  to  imports  from  third  countries  is  administratively  and 
technically unfeasible. 

(41)  The environmental sustainability criteria will only be effective if they lead to changes 
in  the  behaviour  of  market  actors.  Market  actors  will  only  change  their  behaviour  if 
biofuels and other bioliquids meeting the 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  other  bioliquids 
meeting  the  criteria  and  the  consumption  of  biofuels  and  other  bioliquids  in  the 
Community,  providing  an  appropriate  balance  between  supply  and  demand  and 

14 

Temperate and Boreal Forest Resources Assessment (2000); Ministerial Conference on the Protection 
of Forests in Europe (2003). 

EN 

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(42) 

(43) 

(44) 

(45) 

ensuring a price premium that is greater than in systems where there is no such link. 
Therefore  to  ensure  that  biofuels  and  other  bioliquids  meeting  the  environmental 
sustainability  criteria  can  be  sold  at  a  higher  price,  maintaining  the  integrity  of  the 
system while at the same time avoiding imposing an unreasonable burden on industry, 
the  mass  balance  system  should  be  used  to  verify  compliance.  Other  verification 
methods should however be reviewed. 

It is in the interest of the Community to encourage the development of multilateral and 
bilateral agreements, and voluntary international or national schemes setting standards 
for  the  production  of  sustainable  biofuels  and  other  bioliquids,  and  certifying  that 
production  of  biofuels  and  other  bioliquids  meets  those  standards.  For  that  reason, 
provision should be made to decide that such agreements or schemes provide reliable 
evidence  and  data,  provided  that  they  meet  adequate  standards  of  reliability, 
transparency and independent auditing. 

It is necessary to lay down clear rules for the calculation of greenhouse gas emissions 
from biofuels and other bioliquids and their fossil fuel comparators. 

In the calculation of greenhouse gas emissions from the production and use of fuels, 
co-products  should  be  accounted  for.  For  policy  analysis  purposes  the  substitution 
method  is  appropriate.  For  regulatory  purposes  concerning  individual  operators  and 
individual consignments of transport fuels, the substitution method is not appropriate. 
In  these  cases  the  energy  allocation  method  is  the  most  appropriate  method  to  use, 
because  it  is  easy  to  apply,  predictable  over  time,  minimises  counter-productive 
incentives  and  gives  results  that  are  generally  comparable  with  the  range  of  results 
given by the substitution method. For policy analysis purposes the Commission should 
also, in its reporting, give results using the substitution method. 

In  order  to  avoid  a  disproportionate  administrative  burden,  a  list  of  default  values 
should  be  laid  down  for  common  biofuel  production  pathways.  Biofuels  and  other 
bioliquids  should  always  be  entitled  to  claim  the  level  of  greenhouse  gas  savings 
established  by  this  list.  Where  the  default  value  for  greenhouse  gas  savings  from  a 
production pathway lies below the required minimum level of greenhouse gas savings, 
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. 

(46) 

In  order  to  avoid  encouraging  the  cultivation  of  raw  materials  for  biofuels  and  other 
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. 

(47)  The  requirements  for  a  sustainability  scheme  for  energy  uses  of  biomass,  other  than 
bioliquids  and  biofuels,  should  be  analysed  by  the  Commission  by  2010,  taking  into 
account the need for biomass resources to be managed in a sustainable manner.  

(48) 

In order to permit the achievement of a 10% 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. 

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(49) 

In  order  to  ensure  that  biofuels  that  diversify  the  range  of  feedstocks  used  become 
commercially viable, these biofuels should receive an extra weighting under national 
biofuel obligations. 

(50)  Regular  reporting  is  needed  to  ensure  a  continuing  focus  on  progress  in  the 

development of renewable energy at national and Community level. 

(51)  Support measures taken pursuant to this Directive that constitute State aid in the sense 
of  Article  87  of  the  Treaty  have  to  be  notified  to  and  approved  by  the  Commission 
before  their  implementation,  pursuant  to  Article  88(3)  of  the  Treaty.  Information 
provided to the Commission on the basis of this Directive does not substitute for the 
obligation of Member States under the notification obligation pursuant to Article 88(3) 
of the Treaty. 

(52)  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  wastes,  residues,  non-food  cellulosic  material,  and 
ligno-cellulosic  material  –  by  taking  due  account  of  the  different  costs  of  producing 
energy  from  traditional  biofuels  on  the  one  hand  and  of  these  biofuels  which  give 
additional benefits on the other hand. Member States may encourage investment in the 
development of renewable energy technologies that need time to become competitive.  

(53)  Since  the  primary  purpose  of  the  measures  provided  for  in  Articles  15  to  17  of  this 
Directive is to ensure the proper functioning of the internal market by harmonising the 
conditions  of  sustainability  that  biofuels  and  other  bioliquids  must  meet  for  certain 
purposes and thus facilitating the trade between Member States in biofuels and other 
bioliquids  which  comply  with  these  conditions,  they  are  based  on  Article  95  of  the 
Treaty. Since the primary purpose of all other measures provided for in this Directive 
is the protection of the environment, they are based on Article 175(1) of the Treaty. 

(54)  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 Commission15.  

(55) 

In  particular,  power  should  be  conferred  on  the  Commission  to  adapt  the 
methodological  principles  and  values  necessary  for  assessing  whether  environmental 
sustainability  criteria  have  been  fulfilled  in  relation  to  biofuels  and  other  bioliquids 
and to adapt the energy content of transport fuels to technical and scientific progress. 
Since  those  measures  are  of  general  scope  and  are  designed  to  amend  non-essential 
elements  of  this  Directive  by  the  adaptation  of  the  methodological  principles  and 
values,  they  must  be  adopted  in  line  with  the  regulatory  procedure  with  scrutiny 
provided for in Article 5a of Decision 1999/468/EC. 

(56)  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 
its transposition. 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. 

15 

OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

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(57)  Since  the  general  objectives  of  achieving  a  20%  share  of  renewable  energies  in  the 
Community's  overall  energy  consumption  and  a  10%  share  of  biofuels  in  each 
Member State's transport petrol and diesel consumption by 2020 cannot be sufficiently 
achieved by the Member States and can therefore, by reason of the scale of the action, 
be  better  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. 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Scope 

This Directive establishes a common framework for the promotion of energy from renewable 
sources. It sets mandatory targets for the overall share of energy from renewable sources in 
energy consumption and for the share of energy from renewable sources in transport. It lays 
down  rules  relating  to  guarantees  of  origin,  administrative  procedures  and  electricity  grid 
connections  in  relation  to  energy  from  renewable  sources.  It  establishes  environmental 
sustainability criteria for biofuels and other bioliquids. 

For the purposes of this Directive, the definitions in Directive 2003/54/EC shall apply. 

Article 2 
Definitions  

The following definitions shall also apply: 

(a) 

(b) 

(c) 

(d) 

"energy from renewable sources" means renewable non-fossil energy sources: 
wind, solar, geothermal, wave, tidal, hydropower, biomass, landfill gas, sewage 
treatment plant gas and biogases; 

"biomass"  means  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; 

"final  consumption  of  energy"  means  the  energy  commodities  delivered  for 
energy  purposes  to  manufacturing  industry,  transport,  households,  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; 

"district  heating  or  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, for the use of space or process heating 
or cooling; 

(e) 

"bioliquids" means liquid fuel for energy purposes produced from biomass; 

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21 

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(f) 

"biofuels" means liquid or gaseous fuel for transport produced from biomass; 

(g) 

"guarantee of origin" means an electronic document which has the function of 
providing proof that a given quantity of energy was produced from renewable 
sources; 

(h)  “support scheme” means a scheme, originating from a market intervention by 
a Member State, that helps energy from renewable sources to find a market by 
reducing the cost of production of this 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; 

(i) 

"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. 

Article 3 
Targets for the use of energy from renewable sources 

1. 

2. 

3. 

Each Member State shall ensure that the share of energy from renewable sources in 
final  consumption  of  energy  in  2020  is  at  least  their  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.  

Member  States  shall  introduce  appropriate  measures  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. 

Each Member State shall ensure that the share of energy from renewable sources in 
transport in 2020 is at least 10% of final consumption of energy in transport in that 
Member State. 

In  calculating  total  energy  consumed  in  transport  for  the  purposes  of  the  first 
subparagraph, petroleum products other than petrol and diesel shall not be taken into 
account.  

Article 4 
National action plans 

1. 

Each Member State shall adopt a national action plan.  

The national action plans shall set out Member States' targets for the shares of energy 
from renewable sources in transport, electricity and heating and cooling in 2020, and 
adequate measures to be taken to achieve these targets, including 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 12 to 17. 

EN 

22 

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2. 

3. 

Member  States  shall  notify  their  national  action  plans  to  the  Commission  by  31 
March 2010 at the latest. 

A  Member  State  whose  share  of  energy  from  renewable  sources  fell  below  the 
indicative  trajectory  in  Part  B  of  Annex  1  in  the  immediately  preceding  two-year 
period shall submit a new national action plan to the Commission by 30 June of the 
following year at the latest, setting out adequate measures to ensure that in future the 
share of energy from renewable sources equals or exceeds the indicative trajectory in 
Part B of Annex I.  

Article 5 
Calculation of the share of energy from renewable sources 

1. 

The final consumption of energy from renewable sources in each Member State shall 
be calculated as the sum of: 

(a) 

final consumption of electricity from renewable energy sources; 

(b) 

final consumption of energy from renewable sources for heating and cooling; 
and 

(c) 

final energy from renewable sources consumed in transport. 

Gas,  electricity  and  hydrogen  from  renewable  energy  sources  shall  only  be 
considered  once  in  either  1(a),  1(b)  or  1(c)  for  calculating  the  share  of  final 
consumption of energy from renewable sources. 

Biofuels  and  other  bioliquids  that  do  not  fulfil  the  environmental  sustainability 
criteria in Article 15 shall not be taken into account. 

2. 

Member  States  may  apply  to  the  Commission  for  account  to  be  taken,  for  the 
purposes  of  paragraph  1,  of  the  construction  of  renewable  energy  plants  with  very 
long lead-times on their territory under the following conditions: 

(a) 

construction of the renewable energy plant must have started by 2016;  

(b) 

the  renewable  energy  plant  must  have  a  production  capacity  equal  to  or  in 
excess of 5000 MW;  

(c) 

it must not be possible for the plant to become operational by 2020; 

(d) 

it must be possible for the plant to become operational by 2022. 

The Commission shall decide what adjustment shall be made to the Member State's 
share  of  energy  from  renewable  sources  for  the  year  2020,  taking  into  account  the 
state of advancement of construction, the amount of financial support being provided 
to the plant, and the quantity of renewable energy to be produced by the plant in an 
average year when completed.  

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23 

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3. 

4. 

5. 

Acting in accordance with the procedure referred to in Article 21(2), the Commission 
shall develop rules for the implementation of this provision by 31 December 2012 at 
the latest. 

Where  a  Member  State  considers  that,  due  to  force  majeure,  it  is  under  an 
impossibility  to  meet  the  share  of  energy  from  renewable  sources  in  final 
consumption of energy in 2020 set out in the third column of the table in Annex 1, it 
shall  inform  the  Commission  as  soon  as  possible.  The  Commission  shall  adopt  a 
decision  on  whether  force  majeure  has  been  demonstrated,  in  which  case  it  shall 
decide  what  adjustment  shall  be  made  to  the  Member  State's  final  consumption  of 
energy from renewable sources for the year 2020.  

For the purposes of paragraph 1(a), final consumption of electricity from renewable 
sources shall be calculated as the quantity of electricity produced in a Member State 
from  renewable  energy  sources,  excluding  the  production  of  electricity  by  pumped 
storage  units  using  water  that  has  previously  been  pumped  uphill,  adjusted  in 
accordance with Article 10.  

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  shall  be  accounted  for  in  accordance  with 
the normalisation rule in Annex II. 

For the purposes of paragraph 1(b), the final consumption of energy from renewable 
sources  for  heating  and  cooling  shall  be  calculated  as  the  consumption  of  energy 
from  renewable  sources  delivered  to  manufacturing industry, transport, households, 
services,  agriculture,  forestry  and  fisheries  for  heating  and  cooling  purposes, 
including consumption from district heating or cooling of renewable origin, adjusted 
in accordance with Article 10. 

Thermal energy generated by heat pumps using geothermal energy from the ground 
or  water  shall  be  taken  into  account  for  the  purposes  of  paragraph  1(b).  Thermal 
energy generated by heat pumps using ambient heat from the air shall be taken into 
account  for  the  purposes  of  paragraph  1(b),  provided  that  the  energy  efficiency  of 
such  heat  pumps  meets  the  minimum  requirements  of  eco-labelling  laid  down 
pursuant  to  Regulation  (EC)  No  1980/2000,  where  applicable,  in  particular  the 
minimum  coefficient  of  performance  established  in  Decision  2007/742/EC,  and 
reviewed in accordance with that Regulation. 

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). 

6. 

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. 
Such a measure designed to amend non-essential elements of this Directive shall be 

EN 

24 

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7. 

8. 

9. 

adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 21(3).  

The share of energy from renewable energy sources shall be calculated as the final 
consumption of energy from renewable sources divided by the final consumption of 
energy from all energy sources, expressed as a percentage. 

The methodology and definitions used in the calculation of the share of energy from 
renewable sources shall be those of Regulation (EC) No xx/xx on energy statistics16. 

Electricity produced from renewable energy sources in third countries shall only be 
taken into account for the purposes of measuring compliance with the requirements 
of this Directive concerning national targets if: 

(a) 

it is consumed in the Community; 

(b) 

(c) 

the electricity is produced by an installation that became operational after the 
date of entry into force of this Directive; and  

the electricity is issued with a guarantee of origin that forms part of a system of 
guarantee of origin equivalent to that laid down by this Directive. 

Article 6 
Guarantees of origin of electricity, heating and cooling produced from renewable energy 
sources 

1. 

Member  States  shall  ensure  that  the  origin  of  electricity  produced  from  renewable 
energy sources, and of heating or cooling produced from renewable energy sources 
in  plants  with  a  capacity  of  at  least  5  MWth,  can  be  guaranteed  as  such  within  the 
meaning of this Directive.  

To  that  end,  Member  States  shall  ensure  that  a  guarantee  of  origin  is  issued  in 
response  to  a  request  from  a  producer  of  renewable  energy.  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 MWh of energy produced. 

2. 

Guarantees  of  origin  shall  be  issued,  transferred  and  cancelled  electronically.  They 
shall be accurate, reliable and fraud-resistant.  

A guarantee of origin shall specify, at least: 

(a) 

the  energy  source  from  which  the  energy  was  produced  and  the  starting  and 
ending dates of its production;  

(b)  whether the guarantee of origin relates to  

– 

– 

(i) 

(ii) 

electricity; or  

heating and/or cooling; 

16 

[Energy Statistics Regulation]. 

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25 

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(c) 

the  identity,  location,  type  and  capacity  of  the  installation  where  the  energy 
was produced, and the date of the installation's becoming operational; 

(d) 

the date and country of issue and a unique identification number; 

3. 

4. 

(e) 

the  amount  and  type  of  any  investment  aid  that  has  been  given  for  the 
installation. 

Member States shall recognise guarantees of origin issued by other Member States in 
accordance  with  this  Directive.  Any  refusal  by  a  Member  State  to  recognise  a 
guarantee  of  origin  shall  be  based  on  objective,  transparent  and  non-discriminatory 
criteria.  

In the event of refusal to recognise a guarantee of origin, the Commission may adopt 
a Decision requiring the Member State in question to recognise it.  

Member  States  shall  ensure  that  all  guarantees  of  origin  to  be  issued  in  respect  of 
renewable  energy  generated  in  a  given  calendar  year  are  issued,  at  the  latest,  three 
months after the end of that year. 

Article 7 
Competent bodies and registers of guarantees of origin 

1. 

Each  Member  State  shall  designate  a  single  competent  body  to  undertake  the 
following tasks: 

(a) 

establish and maintain a national register of guarantees of origin;  

(b) 

issue guarantees of origin;  

(c) 

record any transfer of guarantees of origin;  

(d) 

cancel guarantees of origin; 

2. 

3. 

1. 

(e) 

publish  an  annual  report  on  the  quantities  of  guarantees  of  origin  issued, 
transferred to or from each of the other competent bodies and cancelled. 

The  competent  body  shall  not  carry  out  any  energy  generation,  trade,  supply  or 
distribution activities. 

The national register of guarantees of origin shall record the guarantees of origin held 
by each person. A guarantee of origin shall only be held in one register at one time.  

Article 8 
Submission of guarantees of origin for cancellation  

A  guarantee  of  origin,  corresponding  to  the  unit  of  energy  in  question,  shall  be 
submitted for cancellation to a competent body designated in accordance with Article 
7 when: 

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26 

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(a) 

(b) 

(c) 

the  production  of  a  unit  of  electricity  from  renewable  energy  sources,  or  the 
production of a unit of heating or cooling from renewable energy sources in a 
plant with a capacity of at least 5 MWth, receives support in the form of feed-in 
tariff payments, premium payments, tax reductions or payments resulting from 
calls  for  tenders,  in  which  case  the  guarantee  shall  be  submitted  to  the 
competent body designated by the Member State that established the system of 
support; 

a  unit  of  electricity  produced  from  renewable  energy  sources,  or  a  unit  of 
heating or cooling  produced from renewable energy sources in a plant with a 
capacity of at least 5 MWth, is taken into account for the purposes of assessing 
an  entity's  compliance  with  a  renewable  energy  obligation,  in  which  case  the 
guarantee of origin shall be submitted to the competent body designated by the 
Member State that established the obligation; or 

an energy supplier or energy consumer chooses to use a guarantee of origin for 
the purpose of proving the share or quantity of renewable energy in its energy 
mix,  without  claiming  the  benefits  of  a  support  scheme  in  accordance  with 
points (a) and (b); in this case, the guarantee of origin shall be submitted to the 
competent body designated by the Member State in which the energy described 
by the energy mix in question is consumed. 

2. 

Where  an  operator  has  submitted  one  or  more  guarantees  of  origin  to  a  competent 
body in accordance with paragraphs 1(a) or (b), the operator shall: 

(a) 

request  guarantees  of  origin,  in  accordance  with  Article  6(1),  for  all  future 
production of renewable energy sources from the same installation; 

(b) 

submit these guarantees of origin for cancellation to the same competent body.  

3. 

Guarantees  of  origin  shall  not  be  submitted  to  a  competent  body  for  cancellation 
more than 1 year after their date of issue. 

Article 9 
Transfer of guarantees of origin  

1. 

2. 

Member States whose share of energy from renewable sources equalled or exceeded 
the indicative trajectory in Part B of Annex I in the immediately preceding two-year 
period may request the competent bodies designated in accordance with Article 7 to 
transfer  the  guarantees  of  origin  submitted  for  cancellation  under  Article  8(1)  to 
another Member State. Such guarantees of origin shall immediately be cancelled by 
the competent body in the receiving Member State. 

Member  States  may  provide  for  a  system  of  prior  authorisation  for  the  transfer  of 
guarantees of origin to or from persons in other Member States if, in the absence of 
such  a  system,  the  transfer  of  guarantees  of  origin  to  or  from  the  Member  State 
concerned  is  likely  to  impair  their  ability  to  ensure  a  secure  and  balanced  energy 
supply  or  is  likely  to  undermine  the  achievement  of  the  environmental  objectives 
underlying their support scheme.  

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27 

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3. 

4. 

5. 

Member  States  may  provide  for  a  system  of  prior  authorisation  for  the  transfer  of 
guarantees  of  origin  to  persons  in  other  Member  States  if  in  the  absence  of  such  a 
system, the transfer of guarantees of origin is likely to impair their ability to comply 
with Article 3(1) or to ensure that the share of energy from renewable sources equals 
or exceeds the indicative trajectory in Part B of Annex I.  

The  system  of  prior  authorisation  shall  not  constitute  a  means  of  arbitrary 
discrimination. 

Subject to the provisions adopted pursuant to paragraph 2, guarantees of origin may 
be transferred between persons in different Member States provided they have been 
issued  in  relation  to  energy  produced  from  renewable  sources  by  installations  that 
became operational after the date of entry into force of this Directive. 

Such  transfer  may  accompany  the  transfer  of  the  energy  to  which  the  guarantee  of 
origin relates, or may be separate from any such transfer. 

Member States shall notify the Commission of any system of prior authorisation they 
intend to have in force pursuant to paragraph 2, and any subsequent changes thereto.  

The Commission shall publish that information. 

By 31 December 2014 at the latest, depending on data availability, the Commission 
shall assess the implementation of the provisions of this Directive for the transfer of 
guarantees  of  origin  between  Member  States  and  the  costs  and  benefits  of  this.  It 
shall, if appropriate, submit proposals to the European Parliament and to the Council.  

Article 10 
Effects of the cancellation of the guarantees of origin 

When a competent body cancels a guarantee of origin that it did not itself issue, an 
equivalent  quantity  of  energy  from  renewable  sources  shall,  for  the  purposes  of 
measuring  compliance  with  the  requirements  of  this  Directive  concerning  national 
targets: 

(a) 

be deducted from the quantity of energy from renewable sources that is taken 
into account, in relation to the year of production of the energy specified in the 
guarantee  of  origin,  in  measuring  compliance  by  the  Member  State  of  the 
competent body that issued the guarantee of origin; and 

(b)  be  added  to  the  quantity  of  energy  from  renewable  sources  that  is  taken  into 
account,  in  relation  to  the  year  of  production  of  the  energy  specified  in  the 
guarantee  of  origin,  in  measuring  compliance  by  the  Member  State  of  the 
competent body that cancelled the guarantee of origin.  

Article 11 
Capacity increases  

For the purpose of Article 5(9), Article 6(2), Article 8(2) and Article 9(3) units of renewable 
energy  imputable  to  an  increase  in  the  capacity  of  an  installation  shall  be  treated  as  if  they 

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were  produced  by  a  separate  installation  becoming  operational  at  the  moment  at  which  the 
increase of capacity occurred.  

Article 12 
Administrative procedures, regulations and codes 

1. 

Member  States  shall  ensure  that  any  national  rules  concerning  the  authorisation, 
certification and licensing procedures that are applied to plants for the production of 
electricity,  heating  or  cooling  from  renewable  sources,  and  to  the  process  of 
transformation  of  biomass  into  biofuels  or  other  energy  products,  are  proportionate 
and necessary.  

Member States shall, in particular, ensure that: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the  respective  responsibilities  of  national,  regional  and  local  administrative 
bodies  for  authorisation,  certification  and  licensing  procedures  are  clearly 
defined,  with  precise  deadlines  for  approving  planning  and  building 
applications; 

administrative  procedures  are  streamlined  and  expedited  at  the  appropriate 
administrative level;  

rules  governing  authorisation,  certification  and  licensing  are  objective, 
transparent  and  non-discriminatory,  and 
the 
particularities of individual renewable energy technologies;  

into  account 

take  fully 

clear guidelines are established for coordination between administrative bodies, 
concerning  time  limits  and  the  receipt  and  handling  of  planning  and  permit 
applications;  

administrative  charges  paid  by  consumers,  planners,  architects,  builders  and 
equipment and system installers and suppliers are transparent and cost-related; 

less burdensome authorisation procedures are established for smaller projects; 
and 

2. 

3. 

(g)  mediators are designated to act in disputes between applicants and authorities 

responsible for issuing authorisations, certificates and licenses. 

Member  States  shall  clearly  define  any  technical  specifications  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. 

Member States shall require local and regional administrative bodies to consider the 
installation of equipment and systems for the use of heating, cooling and electricity 
from  renewable  sources  and  for  district  heating  and  cooling  when  planning, 
designing, building and refurbishing industrial or residential areas. 

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4. 

5. 

1. 

2. 

3. 

4. 

In  their  building  regulations  and  codes  Member  States  shall  require  the  use  of 
minimum levels of energy from renewable sources in new or refurbished buildings. 
Any exemption from those minimum levels shall be transparent and based on criteria 
relating to: 

(a) 

the use of passive, low or zero energy buildings; or  

(b) 

local limitations in the availability of renewable energy resources.  

With  respect  to  their  building  regulations  and  codes,  Member  States  shall  promote 
the use of renewable energy heating and cooling systems and equipment that achieve 
a  significant  reduction  of  energy  consumption.  Member  States  shall  use  energy  or 
eco-labels  or  other  appropriate  certificates  or  standards  developed  at  national  or 
European  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 heat pumps which achieve 
the minimum requirements of eco-labelling established in Decision 2007/742/EC.  

In the case of solar energy, Member States shall promote equipment and systems that 
achieve a conversion efficiency of at least 35%.  

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, failing these, international procedures if such procedures exist. 

Article 13 
Information and training  

Member States shall ensure that information on support measures is made available 
to  consumers,  builders,  installers,  architects  and  suppliers  of  heating,  cooling  and 
electricity  equipment  and  systems  and  of  vehicles  compatible  with  the  use  of  high 
biofuel blends or pure biofuels.  

Member  States  shall  ensure  that  information  on  the  net  benefits,  cost  and  energy 
efficiency  of  equipment  and  systems  for  the  use  of  heating,  cooling  and  electricity 
from renewable sources is made available either by the supplier of the equipment or 
system or by the national competent authorities. 

Member  States  shall  develop  certification  schemes  for  installers  of  small-scale 
biomass  boilers  and  stoves,  solar  photovoltaic  and  solar  thermal  systems  and  heat 
pumps. Those schemes  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 these criteria. 

Member  States  shall  develop  guidance  for  planners  and  architects  so  that  they  are 
able  properly  to  consider  the  use  of  energy  from  renewable  sources  and  of  district 

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30 

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heating and cooling when planning, designing, building and renovating industrial or 
residential areas. 

Article 14 
Access to the electricity grid 

Member  States  shall  take  the  necessary  steps  to  develop  grid  infrastructure  to 
accommodate  the  further  development  of  electricity  production  from  renewable 
energy sources, including interconnectors between Member States. 

Without  prejudice  to  the  maintenance  of  the  reliability  and  safety  of  the  grid, 
Member  States  shall  ensure  that  transmission  system  operators  and  distribution 
system  operators  in  their  territory  guarantee  the  transmission  and  distribution  of 
electricity  produced  from  renewable  energy  sources.  They  shall  also  provide  for 
priority  access  to  the  grid  system  of  electricity  produced  from  renewable  energy 
sources.  When  dispatching  electricity  generating  installations,  transmission  system 
operators  shall  give  priority  to  generating  installations  using  renewable  energy 
sources insofar as the security of the national electricity system permits.  

Member  States  shall  require  transmission  system  operators  and  distribution  system 
operators to set up and publish their standard rules relating to the bearing and sharing 
of costs  of  technical adaptations, such as grid connections  and grid reinforcements, 
which are necessary in order to integrate new producers feeding electricity produced 
from renewable energy sources into the interconnected grid. 

These 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  these  producers  to  the  grid  and  of  the  particular  circumstances  of  producers 
located in peripheral regions and in regions of low population density. The rules may 
provide for different types of connection.  

Where  appropriate,  Member  States  may  require  transmission  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 bearing and sharing of costs referred to in paragraph 3 
by 30 June 2011 at the latest and every two years thereafter to ensure the integration 
of new producers as referred to in that paragraph. 

Member  States  shall  require  transmission  system  operators  and  distribution  system 
operators to provide any new producer wishing to be connected to the system with a 
comprehensive  and  detailed  estimate  of  the  costs  associated  with  the  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. 

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.  

1. 

2. 

3. 

4. 

5. 

6. 

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7. 

8. 

Member  States  shall  ensure  that  the  charging  of  transmission  and  distribution  fees 
does not discriminate against electricity 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 fees charged by transmission 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. 

Article 15 
Environmental sustainability criteria for biofuels and other bioliquids 

1. 

Biofuels and other bioliquids shall be taken into account for the purposes listed under 
letters (a), (b) and (c) below only if they fulfil the criteria set out in paragraphs 2 to 5: 

2. 

3. 

(a)  measuring  compliance  with  the  requirements  of  this  Directive  concerning 

national targets; 

(b)  measuring compliance with renewable energy obligations; 

(c) 

eligibility  for  financial  support  for  the  consumption  of  biofuels  and  other 
bioliquids. 

The  greenhouse  gas  emission  saving  from  the  use  of  biofuels  and  other  bioliquids 
taken into account for the purposes referred to in paragraph 1 shall be at least 35%.  

In  the  case  of  biofuels  and  other  bioliquids  produced  by  installations  that  were  in 
operation in January 2008, the first subparagraph shall apply from 1 April 2013. 

Biofuels  and  other  bioliquids  taken  into  account  for  the  purposes  referred  to  in 
paragraph 1 shall not be made from raw material obtained from land with recognised 
high biodiversity value, that is to say land that had one of the following statuses in or 
after January 2008, whether or not the land still has this status: 

(a) 

(b) 

(c) 

forest  undisturbed  by  significant  human  activity,  that  is  to  say,  forest  where 
there  has  been  no  known  significant  human  intervention  or  where  the  last 
significant  human  intervention  was  sufficiently  long  ago  to  have  allowed  the 
natural species composition and processes to have become re-established; 

areas  designated  for  nature  protection  purposes,  unless  evidence  is  provided 
that the production of that raw material did not interfere with those purposes;  

highly  biodiverse  grassland,  that  is  to  say  grassland  that  is  species-rich,  not 
fertilised and not degraded. 

The  Commission  shall  establish  the  criteria  and  geographic  ranges  to  determine 
which  grassland  shall  be  covered  by  point  (c).  Such  a  measure  designed  to  amend 
non-essential  elements  of  this  Directive  shall  be  adopted  in  accordance  with  the 
regulatory procedure with scrutiny referred to in Article 21(3). 

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32 

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4. 

Biofuels  and  other  bioliquids  taken  into  account  for  the  purposes  referred  to  in 
paragraph  1  shall  not  be  made  from  raw  material  obtained  from  land  with  high 
carbon  stock,  that  is  to  say  land  that  had  one  of  the  following  statuses  in  January 
2008 and no longer has this status: 

(a)  wetlands,  that  is  to  say  land  that  is  covered  with  or  saturated  by  water 
permanently or for a significant part of the year, including pristine peatland; 

(b) 

continuously  forested  areas,  that  is  to  say  land  spanning  more  than  1  hectare 
with trees higher than 5 metres and a canopy cover of more than 30%, or trees 
able to reach these thresholds in situ;  

The provisions in 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. 

Agricultural raw materials cultivated in the Community and used for the production 
of  biofuels  and  other  bioliquids  taken  into  account  for  the  purposes  referred  to  in 
paragraph  1,  shall  be  obtained  in  accordance  with  the  requirements  and  standards 
under the provisions  listed in point A of Annex III to Council Regulation (EC)  No 
1782/200317 under the heading "Environment" and in accordance with the minimum 
requirements for good agricultural and environmental condition defined pursuant to 
Article 5(1) of that Regulation. 

Member States shall not refuse to take into account, for the purposes referred to in 
paragraph 1, biofuel and other bioliquids obtained in compliance with this Article, on 
other grounds of sustainability. 

The Commission shall report on requirements for a sustainability scheme for energy 
uses  of  biomass,  other  than  biofuels  and  other  bioliquids,  by  31  December  2010  at 
the  latest.  The  report  shall  be  accompanied,  where  appropriate,  by  proposals  for  a 
sustainability scheme for other energy uses of biomass, to the European Parliament 
and the Council. 

5. 

6. 

7. 

Article 16 
Verification of compliance with the environmental sustainability criteria for biofuels and 
other bioliquids 

1. 

Where  biofuels  and  other  bioliquids  are  to  be  taken  into  account  for  the  purposes 
referred to in Article 15(1), Member States shall require economic operators to show 
that the environmental sustainability criteria set out in Article 15 have been fulfilled. 
For this purpose they shall require economic operators to use a mass balance system 
providing the following: 

(a) 

(b) 

consignments  of  raw  material  or  biofuel  with  differing  sustainability 
characteristics can be mixed;  

information  about 
the  sustainability  characteristics  and  sizes  of 
consignments referred to in point (a) remains assigned to the mixture; and  

the 

17 

OJ L 270, 21.10.2003, p. 56. 

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33 

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(c) 

it  is  ensured  that  the  sum  of  all  consignments  withdrawn  from  the  mixture  is 
described  as  having  the  same  sustainability  characteristics,  in  the  same 
quantities, as the sum of all consignments added to the mixture.  

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 to allow for other verification methods in relation to 
some or all types of raw material or biofuel. 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 
imposing  an 
unreasonable  burden  on  industry.  The  report  shall  be  accompanied,  where 
appropriate,  by  proposals  on  allowing  other  verification  methods,  to  the  European 
Parliament and the Council.  

the  verification  system  while  avoiding 

Member States shall require economic operators to submit reliable information and 
to 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  they  submit,  and  to 
provide evidence that this has been done. The auditing shall verify that the systems 
used  by  economic  operators  are  accurate,  reliable  and  fraud-resistant.  It  shall 
evaluate the frequency and methodology of sampling and the robustness of the data. 

The Commission may decide that bilateral and multilateral agreements between the 
Community  and  third  countries  demonstrate  that  biofuels  and  other  bioliquids 
produced  from  raw  materials  cultivated  in  those  countries  comply  with  the 
environmental sustainability criteria in paragraphs 3 or 4 of Article 15. 

The Commission may decide that voluntary national or international schemes setting 
standards  for  the  production  of  biomass  products  contain  accurate  data  for  the 
purposes of Article 15(2) or demonstrate that consignments of biofuel comply with 
the environmental sustainability criteria in paragraphs 3 or 4 of Article 15. 

The Commission may decide that national, multinational or international schemes to 
measure  greenhouse  gas  savings  contain  accurate  data  for  the  purposes  of  Article 
15(2). 

The  Commission  shall  only  adopt  decisions  pursuant  to  in  paragraph  4  if  the 
agreement  or  scheme 
in  question  meets  adequate  standards  of  reliability, 
transparency  and  independent  auditing.  In  the  case  of  schemes  to  measure 
greenhouse  gas  savings,  such  schemes  shall  also  comply  with  the  methodological 
requirements in Annex VII.   

Decisions pursuant to paragraph 4 shall be adopted in accordance with the procedure 
referred to in Article 21(2). Such decisions shall be valid for a period of no more than 
5 years.  

When  an  economic  operator  proffers  proof  or  data  obtained  in  accordance  with  an 
agreement or scheme that has been the subject of a decision pursuant to paragraph 4, 

2. 

3. 

4. 

5. 

6. 

7. 

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34 

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a  Member  State  shall  not  require  the  supplier  to  provide  further  evidence  of 
compliance with the corresponding environmental sustainability criterion. 

8. 

At  the  request  of  a  Member  State  or  on  its  own  initiative  the  Commission  shall 
examine  the  application  of  Article  15  in  relation  to  a  source  of  biofuel  or  other 
bioliquid and, within six months of receipt of a request and in accordance with the 
procedure referred to in Article 21(2), decide whether the Member State concerned 
may take biofuel or bioliquid from that source into account for the purposes listed in 
Article 15(1). 

Article 17 
Calculation of the greenhouse gas impact of biofuels and other bioliquids 

1. 

The greenhouse gas emission saving from the use of biofuel and other bioliquids for 
the purposes of Article 15(2) shall be calculated as follows: 

(a) 

for biofuels, where a default value for greenhouse gas emission savings for the 
biofuel production pathway is laid down in Part A or B of Annex VII, by using 
that default value; 

(b)  by  using  an  actual  value  calculated  in  accordance  with  the  methodology  laid 

down in Part C of Annex VII; or 

(c) 

by using a value calculated in accordance with the methodology laid down in 
Part C of Annex VII as the sum of actual values for some of the steps of the 
production  process  and  the  disaggregated  default  values  in  Part  D  or  E  of 
Annex VII for the other steps of the production process.  

2. 

3. 

By  31  March  2010  at  the  latest,  Member  States  shall  submit  to  the  Commission  a 
report including a list of those entities of their territory classified as NUTS 2 level in 
Regulation  (EC)  No  1059/2003  of  the  European  Parliament  and  of  the  Council18 
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 VII to this Directive, accompanied by a 
description of the method and data used to establish that list. The method shall take 
into account soil characteristics, climate and expected raw material yields. 

The default values in Part A of Annex VII for biofuels, and the disaggregated default 
values for cultivation in Part D of Annex VII for biofuels and other bioliquids, shall 
apply only when their raw materials are cultivated: 

(a) 

outside the Community; or 

(b) 

in the Community in regions included in the lists referred to in paragraph 2. 

For  biofuels  and  other  bioliquids  falling  under  neither  of 
subparagraphs actual values for cultivation shall be used. 

the  preceding 

18 

OJ L 154, 21.6.2003, p. 1. 

EN 

35 

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4. 

5. 

1. 

2. 

3. 

4. 

1. 

The  Commission  shall  report  by  31  December  2012  at  the  latest  on  the  estimated 
typical and default values in Annex VII Part B and Part E, paying special attention to 
emissions  from  transport  and  processing,  and  may,  where  necessary,  decide  to 
correct the values. Such a measure designed to amend non-essential elements of this 
Directive shall be adopted in accordance with the regulatory procedure with scrutiny 
referred to in Article 21(3). 

Annex  VII  may  be  adapted  to  technical  and  scientific  progress.  Such  a  measure 
designed  to  amend  non-essential  elements  of  this  Directive  shall  be  adopted  in 
accordance with the regulatory procedure with scrutiny referred to in Article 21(3). 
Any adaptation of or addition to the list of default values in Annex VII shall respect 
the following rules: 

(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 values shall be typical of normal production processes; 

(b) 

in  all  other  cases  default  values  shall  be  conservative  compared  to  normal 
production processes. 

Article 18 
Specific provisions related to biofuels  

Member States shall ensure that information is given to the public on the availability 
of biofuels and other renewable transport fuels. For percentages of biofuels, blended 
in  mineral  oil  derivatives,  exceeding  the  limit  value  of  10%  by  volume,  Member 
States shall require this to be indicated at the sales points. 

Member States shall ensure that diesel fuel complying with the specifications set out 
in Annex V  is made  available by  31 December 2010 at the latest in filling stations 
with more than two pumps that sell diesel fuel.  

Member States shall ensure that diesel fuel complying with the specifications set out 
in Annex VI, or other diesel fuel with at least 5% biofuel content by volume, is made 
available  by  31  December  2014  at  the  latest  in  filling  stations  with  more  than  two 
pumps that sell diesel fuel. 

For  the  purposes  of  demonstrating  compliance  with  national  renewable  energy 
obligations  placed  on  operators,  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 19 
Reporting by the Member States  

Member States shall submit a report to the Commission on progress in the promotion 
and use of energy from renewable sources by 30 June 2011 at the latest, and every 2 
years thereafter.  

The report shall detail in particular: 

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36 

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(a) 

(b) 

(c) 

(d) 

(e) 

the  sectoral  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  renewable  energy  taking  into  account  the 
indicative trajectory in Part B of Annex 1; 

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 
action plan; 

how,  where  applicable,  Member  States  have  structured  their  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; 

the functioning of the system of guarantees of origin for electricity and heating 
and cooling from renewable energy sources and the measures taken to ensure 
the reliability and protection against fraud of the system; 

progress  made  in  evaluating  and  improving  administrative  procedures  to 
remove  regulatory  and  non-regulatory  barriers  to  the  development  of  energy 
from renewable sources; 

(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 14(3); 

(g)  developments  in  the  availability  and  use  of  biomass  resources  for  energy 

purposes; 

(h) 

(i) 

(j) 

commodity  price  and  land  use  changes  within  the  Member  State  associated 
with  its  increased  use  of  biomass  and  other  forms  of  energy  from  renewable 
sources;  

the  development  and  share  of  biofuels  made  from  wastes,  residues,  non-food 
cellulosic material, and ligno-cellulosic material;  

the  estimated  impact  of  biofuel  production  on  biodiversity,  water  resources, 
water quality and soil quality; and 

(k) 

the  estimated  net  greenhouse  gas  savings  due  to  the  use  of  energy  from 
renewable sources. 

2. 

In  estimating  net  greenhouse  gas  savings  from  the  use  of  biofuels,  Member  States 
may, for the purpose of the reports referred to in paragraph 1, use the typical values 
given in Annex VII, part A and part B. 

3. 

In their first report, Member States shall outline whether they intend to: 

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37 

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(a) 

establish a single administrative body responsible for processing authorisation, 
certification  and  licensing  applications  for  renewable  energy  installations  and 
providing assistance to applicants;  

(b)  provide  for  automatic  approval  of  planning  and  permit  applications  for 
renewable  energy  installations  where  the  authorising  body  has  not  responded 
within the set time limits; and 

(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. 

Article 20 
Monitoring and reporting by the Commission 

1. 

2. 

3. 

4. 

The Commission shall monitor the origin of biofuels and other bioliquids consumed 
in the Community and the impacts of their production on land use in the Community 
and the main third countries of supply. Monitoring shall be based on Member States’ 
reports,  submitted  pursuant  to  Article  19(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  maintain  a  dialogue  and  exchange  information  with  third 
countries  and  biofuel  producer  and  consumer  organisations  concerning  the  general 
implementation  of  the  measures  in  this  Directive  relating  to  biofuels  and  other 
bioliquids. 

On the basis of the reports submitted by Member States pursuant to Article 19(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. 

In  reporting  on  greenhouse  gas  savings  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 analyse:  

(a) 

the relative environmental benefits and costs of different biofuels, 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; 

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38 

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(c) 

the  impact  of  EU  biofuel  policy  on  the  availability  of  foodstuffs  in  exporting 
countries,  the  ability  of  people  in  developing  countries  to  afford  these 
foodstuffs, and wider development issues; and  

(d) 

the impact of increased demand for biomass on biomass using sectors. 

It shall, if appropriate, propose corrective action. 

Article 21 
Committee 

1. 

2. 

3. 

1. 

2. 

3. 

1. 

The Commission shall be assisted by a Committee. 

Where  reference  is  made  to  this  paragraph,  Articles  3  and  7  of  Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

Where  reference  is  made  to  this  paragraph,  Articles  5a(1)  to  (4)  and  Article  7  of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof.  

Article 22 
Amendments and repeal 

In Directive 2001/77/EC, Article 2, Article 3(2), and Articles 4 to 8 are deleted with 
effect from 1 April 2010. 

In Directive 2003/30/EC, Article 2, Article 3(2), (3) and (5), and Articles 5 and 6 are 
deleted with effect from 1 April 2010. 

Directives  2001/77/EC  and  2003/30/EC  are  repealed  with  effect  from  1  January 
2012. 

Article 23 
Transposition 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary  to  comply  with  this  Directive  by 31 March 2010 at the  latest. 
They  shall  forthwith  communicate  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  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

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. 

EN 

39 

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Article 24 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 25 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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40 

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Annex I – National overall targets for the share of energy from renewable sources in 
final consumption of energy in 2020 

A. 

National overall targets 

of 

energy 
Share 
renewable 
from 
final 
sources 
in 
of 
consumption 
energy, 2005 (S2005) 

Belgium 
Bulgaria 
The Czech Republic 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Italy 
Cyprus 
Latvia 
Lithuania 
Luxembourg 
Hungary 
Malta 
The Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
The Slovak Republic 
Finland 
Sweden 
United Kingdom 

2.2% 
9.4% 
6.1% 
17.0% 
5.8% 
18.0% 
3.1% 
6.9% 
8.7% 
10.3% 
5.2% 
2.9% 
34.9% 
15.0% 
0.9% 
4.3% 
0.0% 
2.4% 
23.3% 
7.2% 
20.5% 
17.8% 
16.0% 
6.7% 
28.5% 
39.8% 
1.3% 

Target  for  share  of 
from 
energy 
sources 
renewable 
final 
in 
consumption 
of 
energy, 2020 (S2020) 
13% 
16% 
13% 
30% 
18% 
25% 
16% 
18% 
20% 
23% 
17% 
13% 
42% 
23% 
11% 
13% 
10% 
14% 
34% 
15% 
31% 
24% 
25% 
14% 
38% 
49% 
15% 

EN 

41 

   EN 

 
 
B. 

Indicative trajectory 

The  indicative  trajectory  referred  to  in  Article  3(2)  shall  respect  the  following  shares  of 
energy from renewable sources: 

S2005 + 0.25 (S2020 – S2005), as an average for the two-year period 2011 to 2012;  

S2005 + 0.35 (S2020 – S2005), as an average for the two-year period 2013 to 2014; 

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 

and 

S2005 = the share for that Member State in 2005 as indicated in the table in Part A,  

S2020 = the share for that Member State in 2020 as indicated in the table in Part A. 

EN 

42 

   EN 

 
Annex II – Normalisation rule for accounting for electricity generated from hydropower 

The  following  rule  shall  be  applied  for  the  purpose  of  accounting  for  electricity  generated 
from hydropower in a given Member State: 

QN(norm) = CN * 

N

⎡ ∑
⎢
⎣

Ni
−=

14

Qi
Ci

⎤
⎥
⎦

15/

where 

N = 

reference year; 

QN(norm) = normalised electricity generated by all hydropower plants of the Member 

State in year N, for accounting purposes; 

Qi  =  the  quantity  of  electricity  actually  generated  in  year  i  by  all  plants  of  the 

Member State measured in GWh;  

Ci  =  the  total  installed  capacity  of  all  the  plants  of  the  Member  State  in  year  i, 

measured in MW. 

EN 

43 

   EN 

 
 
 
 
 
Annex III – Energy content of transport fuels 

Fuel 

Bioethanol (ethanol produced from biomass) 
Bio-ETBE (ethyl-tertio-butyl-ether produced on the 
basis of bioethanol) 

Biomethanol (methanol produced from biomass, to 
be used as biofuel) 
Bio-MTBE  (methyl-tertio-butyl-ether  produced  on 
the basis of bio-methanol) 

Bio-DME  (dimethylether  produced  from  biomass, 
to be used as biofuel) 
Bio-TAEE  (tertiary-amyl-ethyl-ether  produced  on 
the basis of bioethanol) 

oil 

oil 

(vegetable 

Biobutanol (butanol produced from biomass, to be 
used as biofuel) 
Biodiesel (methyl-ester produced from vegetable or 
animal oil, of diesel quality, to be used as biofuel) 
Fischer-Tropsch diesel (a synthetic hydrocarbon or 
mixture  of  synthetic  hydrocarbons  produced  from 
biomass) 
Hydrotreated 
vegetable 
thermochemically treated with hydrogen) 
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) 
Biogas  (a  fuel  gas  produced  from  biomass  and/or 
from  the  biodegradable  fraction  of  waste,  that  can 
be  purified  to  natural  gas  quality,  to  be  used  as 
biofuel, or woodgas) 
Petrol  
Diesel 

Energy content by  
weight (lower  
calorific value,  
MJ/kg) 

Energy content by  
volume (lower  
calorific value,  
MJ/l) 

27 

21 

36 (of which  
37% from  
renewable sources) 
20 

27 (of which  
37% from  
renewable sources) 
16 

35 (of which  
22% from  
renewable sources) 
28 

26 (of which  
22% from  
renewable sources) 
19 

38 (of which  
29% from  
renewable sources) 
33 

29 (of which  
29% from  
renewable sources) 
27 

37 

44 

44 

37 

50 

43 
43 

33 

34 

34 

34 

- 

32 
36 

EN 

44 

   EN 

 
 
Annex IV - Certification of installers 

The criteria referred to in Article 13(3) shall be as follows:  

1. 

2. 

3. 

The  certification  process  shall  be  transparent  and  clearly  defined  by  the  Member 
State or the administrative body they appoint. 

Biomass,  heat  pump  and  solar  photovoltaic  and  solar  thermal  installers  shall  be 
certified by an accredited training programme or training provider.  

The  accreditation  of  the  training  programme  or  provider  shall  be  done  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. 

Accredited  training  programmes  shall  be  offered  to  installers  with  working 
experience, who have undergone, or are undergoing, the following types of training:  

a) 

b) 

c) 

d) 

in  the  case  of  biomass  boiler  and  stove  installers:  training  as  a  plumber,  pipe 
fitter,  heating  engineer  or  technician  of  sanitary  and  heating  or  cooling 
equipment as a prerequisite.  

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; 

in  the  case  of  a  solar  photovoltaic  or  solar  thermal  installer:  training  as  a 
plumber, 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  

a  vocational  training  scheme  to  provide  an  installer  with  adequate  skills 
corresponding to a 3 years education in the skills referred to in point (a), (b) or 
(c) including both classroom and workplace learning.  

5. 

6. 

The  training  leading  to  installer  certification  shall  include  both  theoretical  and 
practical parts. At the end of the training, the installer must have the skills required to 
install the relevant equipments 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. 

The theoretical part of the biomass stove and boiler installer training shall cover the 
market  situation  of  biomass,  ecological  aspects,  biomass  fuels,  logistics,  building 
laws,  fire  protection,  subsidies,  combustion  techniques,  firing  systems,  optimal 

EN 

45 

   EN 

 
7. 

8. 

hydraulic  solutions,  cost  and  profitability  comparison  as  well  as  the  design, 
installation,  and  maintenance  of  biomass  boilers  and  stoves.  The  training  shall  also 
provide  good  knowledge  of  any  European  standards  for  technology  and  biomass 
fuels, such as pellets, and biomass related national and European legislation.  

The  theoretical  part  of  the  heat  pump  installer  training  shall  cover  market  situation 
for  heat  pumps,  geothermal  resources  and  ground  source  temperatures  of  different 
regions, soil and rock identification for thermal conductivity, logistics, building laws, 
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  shall  also  provide  good  knowledge  of  any  European 
standards for heat pumps, national and of relevant national and European legislation. 
The installer shall demonstrate the following key competences: 

a) 

b) 

c) 

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); 

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;  

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; 

The theoretical part of the solar photovoltaic and solar thermal installer training shall 
cover  the  market  situation  of  solar  products,  ecological  aspects,  components, 
characteristics and dimensioning of solar systems, selection of accurate systems and 
dimensioning  of  components,  determination  of  the  heat  demand,  logistics,  building 
laws,  fire  protection,  subsidies,  cost  and  profitability  comparison  as  well  as  the 
design,  installation,  and  maintenance  of  solar  photovoltaic  and  solar  thermal 
installations.  The  training  shall  also  provide  good  knowledge  of  any  European 
standards  for  technology,  and  certification  such  as  Solar  Keymark,  and  related 
national and European legislation. The installer shall demonstrate the following key 
competences:  

a) 

ability to work safely using the required tools and equipment and implementing 
safety codes and standards and identify plumbing, electrical and other hazards 
associated with solar installations; 

EN 

46 

   EN 

 
b) 

c) 

d) 

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;  

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; 

for  solar  photovoltaic  systems  in  particular,  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. 

9. 

10. 

The  training  course  shall  end  with  an  examination  leading  to  a  certificate.  The 
examination  shall  include  a  practical  assessment  of  successfully  installing  biomass 
boilers or stoves, heat pumps, solar photovoltaic or solar thermal installations. 

The installer certification shall be time restricted, so that a refresher seminar or event 
would be necessary for continued certification. 

EN 

47 

   EN 

 
Annex V – Specifications for a 7% blend of biodiesel in diesel 

Parameter 

Units 

Limits 
Minimum  Maximum

Measured cetene 
Calculated cetane 
Density at 15°C 
Polycyclic aromatic hydrocarbons 
Sulphur content 
Flash point 
Carbon residue in 10% distillation residue 
Ash content 
Water content 
Total contamination 
Copper strip corrosion (3h-50°C) 
Lubricity EN ISO 12156-1 
Kinematic viscocity at 40°C 
Distillation 

kg/m3 
%wt 
mg/kg 
°C 
% 
mg/kg 
mg/kg 
mg/kg 
cotation 
µm 
mm2/s 

51 
46 
820 
- 
- 
>55 
- 
- 
- 
- 

- 
- 
845 
8 
10 
- 
0.3 
0.01 
200 
24 

class 1 

- 
2 
- 
85 
- 
0 

460 
4.5 
<65 
- 
360 
7 

FAME content EN14078 
Cloud point 
Cold filter plugging point 
Oxidation stability - EN14112  
Oxidation stability by ASTM D2274 at 115°C 

% recovery at 250°C  % 
% recovery at 350°C % 
Temperature for 95% recovery °C 
% 
°C 
°C 
h  
g/m3 
Anti-oxidant equivalent to BHT at 
1000ppm 

Ref. national standard 
Ref. national standard 

- 
25 

20 

Additivation for stability 

EN 

48 

   EN 

 
  
  
  
  
  
 
Annex VI – Specifications for a 10% blend of biodiesel in diesel 

Parameter 

Units 

Limits 
Minimum  Maximum

Measured cetene 
Calculated cetane 
Density at 15°C 
Polycyclic aromatic hydrocarbons 
Sulphur content 
Flash point 
Carbon residue in 10% distillation residue 
Ash content 
Water content 
Total contamination 
Copper strip corrosion (3h-50°C) 
Lubricity EN ISO 12156-1 
Kinematic viscocity at 40°C 
Distillation 

FAME content EN14078 
Cloud point 
Cold filter plugging point 
Phosphorus content 
Acid index 
Peroxides EN ISO 3960 
Oxidation stability - EN14112 
Oxidation stability by ASTM D2274 at 115°C 
Acid index variation 
Injector fouling 

Additivation for stability 

% recovery at 250°C  % 
% recovery at 350°C % 
Temperature for 95% recovery °C 
% 
°C 
°C 
mg/kg 
mgKOH/g 

kg/m3 
%wt 
mg/kg 
°C 
% 
mg/kg 
mg/kg 
mg/kg 
cotation 
µm 
mm2/s 

51 
46 
820 
- 
- 
>55 
- 
- 
- 
- 

- 
2 
- 
85 
- 
5 

- 
- 
845 
8 
10 
- 
0.3 
0.01 
200 
24 

class 1a 

460 
4.5 
<65 
- 
360 
10 

Ref. national standard 
Ref. national standard 

- 
- 
- 
20 

0.2 
0.05 
20 
- 
25 
0.12 

h  
g/m3 
mgKOH/g 

Detergent additive package 
Anti-oxidant equivalent to BHT at 
1000ppm 

EN 

49 

   EN 

 
  
  
  
  
  
  
  
 
Annex VII – Rules for calculating the greenhouse gas impact of biofuels, other bioliquids 
and their fossil fuel comparators 

Typical and default values for biofuels if produced with no net carbon emissions 

A. 
from land use change 

biofuel production pathway 

typical 
greenhouse  gas 
emission  
saving 

default 
greenhouse  gas 
emission  
saving 

sugar beet ethanol 
wheat ethanol (process fuel not specified) 
wheat ethanol (lignite as process fuel in CHP plant) 
wheat  ethanol  (natural  gas  as  process  fuel  in 
conventional boiler) 
wheat  ethanol  (natural  gas  as  process  fuel  in  CHP 
plant) 
wheat ethanol (straw as process fuel in CHP plant) 
corn  (maize)  ethanol,  Community  produced  (natural 
gas as process fuel in CHP plant) 
sugar cane ethanol 
the  part  from  renewable  sources  of  ETBE  (ethyl-
tertio-butyl-ether) 
the  part  from  renewable  sources  of  TAEE  (tertiary-
amyl-ethyl-ether) 
rape seed biodiesel 
sunflower biodiesel 
palm oil biodiesel (process not specified) 
palm  oil  biodiesel  (process  with  no  methane 
emissions to air at oil mill) 
waste vegetable or animal oil biodiesel 
Hydrotreated vegetable oil from rape seed 
Hydrotreated vegetable oil from sunflower 
Hydrotreated  vegetable  oil  from  palm  oil  (process 
not specified) 
Hydrotreated  vegetable  oil  from  palm  oil  (process 
with no methane emissions to air at oil mill) 
pure vegetable oil from rape seed 
biogas from municipal organic waste  as compressed 
natural gas 
biogas from wet manure as compressed natural gas 
biogas from dry manure as compressed natural gas 

48% 
21% 
21% 
45% 

54% 

69% 
56% 

74% 
to 

35% 
0% 
0% 
33% 

45% 

67% 
49% 

74% 

that  of 

Equal 
production pathway used 
Equal 
production pathway used 

that  of 

to 

the 

the 

ethanol 

ethanol 

44% 
58% 
32% 
57% 

83% 
49% 
65% 
38% 

63% 

57% 
81% 

86% 
88% 

36% 
51% 
16% 
51% 

77% 
45% 
60% 
24% 

60% 

55% 
75% 

83% 
85% 

EN 

50 

   EN 

 
B. 

Estimated  typical  and  default  values  for  future  biofuels  that  are  not  or  in 
negligible  quantities  on  the  market  in  January  2008,  if  produced  with  no  net 
carbon emissions from land use change 

biofuel production pathway 

typical 
greenhouse  gas 
emission  
saving 

default 
greenhouse  gas 
emission  
saving 

wheat straw ethanol 
waste wood ethanol 
farmed wood ethanol 
waste wood Fischer-Tropsch diesel 
farmed wood Fischer-Tropsch diesel 
waste wood DME (dimethylether) 
farmed wood DME (dimethylether) 
waste wood methanol 
farmed wood methanol 
the  part  from  renewable  sources  of  MTBE  (methyl-
tertio-butyl-ether)l 

87% 
80% 
76% 
95% 
93% 
95% 
92% 
94% 
91% 

85% 
74% 
70% 
95% 
93% 
95% 
92% 
94% 
91% 

Equal to that of the methanol 
production pathway used 

EN 

51 

   EN 

 
C. 

1. 

2. 

3. 

4. 

Methodology  

Greenhouse  gas  emissions  from  the  production  and  use  of  transport  fuels,  biofuels 
and other bioliquids shall be calculated as: 

E 

= eec + el + ep + etd + eu – eccs - eccr – eee, 

where 

E 

eec 

el 

ep 

etd 

eu 

eccs 

eccr 

eee 

= total emissions from the use of the fuel; 

= emissions from the extraction or cultivation of raw materials; 

=  annualised  emissions  from  carbon  stock  changes  caused  by  land  use 
change; 

= emissions from processing; 

= emissions from transport and distribution; 

= emissions from the fuel in use; 

= emission savings from carbon capture and sequestration; 

= emission savings from carbon capture and replacement; and 

= emission savings from excess electricity from cogeneration. 

Emissions from the manufacture of machinery and equipment shall not be taken into 
account. 

Greenhouse gas emissions from fuels, E, shall be expressed in terms of grams of CO2 
equivalent per MJ of fuel, gCO2eq/MJ.  

In  exception  to  paragraph  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  only  be  made 
where evidence of the differences in useful work done is provided. 

Greenhouse  gas  emission  savings  from  biofuels  and  other  bioliquids  shall  be 
calculated as: 

SAVING 

= (EF – EB)/EF, 

where 

EB 

EF 

= total emissions from the biofuel or other bioliquid; and 

= total emissions from the fossil fuel comparator. 

EN 

52 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5. 

6. 

7. 

The  greenhouse  gases  taken  into  account  for  the  purposes  of  paragraph  1  shall  be 
CO2,  N2O  and  CH4.  For  the  purpose  of  calculating  CO2  equivalence,  these  gases 
shall be valued as follows: 

CO2:  1 

N2O:  296 

CH4:  23 

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. 

Annualised emissions from carbon stock changes caused by land use change, el, shall 
be calculated by dividing total emissions equally over 20 years. For the calculation of 
these emissions the following rule shall be applied: 

el 

= (CSR – CSA) x MWCO2/MWC x 1/20 x 1/P, 

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 
latest;  

CSA  =  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);  

MWCO2 = molecular weight of CO2 = 44.010 g/mol; 

MWC = molecular weight of carbon = 12.011 g/mol; and 

P = 

the  productivity  of  the  crop  (measured  as  biofuel  or  other  bioliquid 
energy per unit area per year). 

8. 

For the purposes of paragraph 7, the following values may be used for both CSR and 
CSA 

EN 

53 

   EN 

 
 
 
 
 
land use 

carbon stock 
(tons of carbon  
per hectare) 

oil palm plantation 
permanent grassland, that is to say, rangelands and pasture land 
which have been under grassland vegetation and pasture use for 
at least 5 years and are not forested 
lightly forested area (forest that is not continuously forested area) 
arable  
(including  grassland  not  considered  as  permanent;  plantation  of 
tree  borne  oil  seeds;  land  that  has  been  set  aside  in  accordance 
with Article 2(1) of Commission Regulation (EC) No 796/200419 
and  land  that  was  tropical  forest,  was  cleared  before  January 
2008, and had the status of abandoned land in January 2008) 
desert and semidesert 

Alternatively, actual values may be used for both CSR and CSA. 

The following values may be used to calculate P:   

189 
181 

181 
82 

44 

biofuel 
or other 
bioliquid 
crop 
tree borne oil seeds 
oil palm 

biofuel or other bioliquid yield (tons of oil 
equivalent per hectare) 

1.5 
4.0 

Alternatively, actual values may be used. 

9. 

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.  In 
exception to this rule: 

a) 

b) 

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; 

producers  may  ascribe  an  emissions  intensity  of  zero  to  each  MWh  of 
consumed  electricity  for  which  they  transfer  a  guarantee  of  origin  to  a 
competent body in accordance with the provisions of Article 8, paragraph 1(c). 

19 

Commission  Regulation  (EC)  No  796/2004  of  21  April  2004  laying  down  detailed  rules  for  the 
implementation of cross-compliance, modulation and the integrated administration and control system 
provided for in of Council Regulation (EC) No 1782/2003 establishing common rules for direct support 
schemes under the common agricultural policy and establishing certain support schemes for farmers (OJ 
L 141, 30.4.2004, p. 18). 

EN 

54 

   EN 

 
 
 
                                                 
10. 

11. 

12. 

13. 

14. 

15. 

16. 

Emissions  from  transport  and  distribution,  etd,  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  the  fuel  in  use, eu,  shall  be  taken  to  be  zero  for  biofuels  and  other 
bioliquids. 

Emission  savings  from  carbon  capture  and  sequestration,  eccs,  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. 

Emission  savings  from  carbon  capture  and  replacement,  eccr,  shall  be  limited  to 
emissions  avoided  through the capture of CO2  of  which  the  carbon  originates  from 
biomass  and  which  is  used  to  replace  fossil-derived  CO2  used  in  commercial 
products and services. 

Emission savings 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 this 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 savings associated with this 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.  

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  intermediate 
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).  

For the purposes of the calculation referred  to in paragraph 15, the emissions to be 
divided shall be eec + el, + those fractions 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 other bioliquids, all co-products, including electricity that 
does  not  fall  under  the  scope  of  paragraph  14,  shall  be  taken  into  account  for  the 
purposes  of  this  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  processing  chains,  other  than  biofuel  processing  chains, 
with  no  potential  food  or  feed  use  shall  be  considered  to  have  zero  life-cycle 
greenhouse gas emissions up to the process of collection of these materials. 

EN 

55 

   EN 

 
 
 
In the case of fuels produced in refineries, the unit of analysis for the purposes of the 
calculation referred to in paragraph 15 shall be the refinery. 

17. 

For biofuels, for the purposes of the calculation referred to in paragraph 4, the fossil 
fuel comparator EF shall be the latest available actual average emissions from 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 gCO2eq/MJ. 

For  bioliquids  used  for  electricity  production,  for  the  purposes  of  the  calculation 
referred to in paragraph 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 paragraph 4, the fossil fuel comparator EF shall be 77 gCO2eq/MJ. 

For bioliquids used for cogeneration, for the purposes of the calculation referred to in 
paragraph 4, the fossil fuel comparator EF shall be 85 gCO2eq/MJ. 

EN 

56 

   EN 

 
 
D. 

Disaggregated values for biofuels and bioliquids 

Cultivation: 'eec' as defined in Part C of this Annex 

biofuel and other bioliquid production pathway 

sugar beet ethanol 
wheat ethanol 
corn (maize) ethanol, Community produced  
sugar cane ethanol 
the  part  from  renewable  sources  of  ETBE  (ethyl-tertio-
butyl-ether) 
the  part  from  renewable  sources  of  TAEE  (tertiary-amyl-
ethyl-ether) 
rape seed biodiesel 
sunflower biodiesel 
palm oil biodiesel 
waste vegetable or animal oil biodiesel 
Hydrotreated vegetable oil from rape seed 
Hydrotreated vegetable oil from sunflower 
Hydrotreated vegetable oil from palm oil 
pure vegetable oil from rape seed 
biogas  from  municipal  organic  waste  as  compressed 
natural gas 
biogas from wet manure as compressed natural gas 
biogas from dry manure as compressed natural gas 

Typical 
greenhouse  gas 
emissions 
(gCO2eq/MJ) 

Default 
greenhouse gas 
emissions  
(gCO2eq/MJ) 

13 
19 
20 
13 

13 
19 
20 
13 

Equal to that of the ethanol  
production pathway used 
Equal to that of the ethanol  
production pathway used 

30 
18 
18 
0 
31 
19 
19 
32 
0 

0 
0 

30 
18 
18 
0 
31 
19 
19 
32 
0 

0 
0 

Processing (including excess electricity): 'ep - eee' as defined in Part C of this Annex 

biofuel and other bioliquid production pathway 

Typical 
greenhouse  gas 
emissions 
(gCO2eq/MJ) 

Default 
greenhouse gas 
emissions  
(gCO2eq/MJ) 

sugar beet ethanol 
wheat ethanol (process fuel not specified) 
wheat ethanol (lignite as process fuel in CHP plant) 
wheat ethanol (natural gas as process fuel in conventional 
boiler) 
wheat ethanol (natural gas as process fuel in CHP plant) 
wheat ethanol (straw as process fuel in CHP plant) 
corn (maize) ethanol, Community produced (natural gas as 
process fuel in CHP plant)  
sugar cane ethanol 
the  part  from  renewable  sources  of  ETBE  (ethyl-tertio-
butyl-ether) 
the  part  from  renewable  sources  of  TAEE  (tertiary-amyl-
ethyl-ether) 
rape seed biodiesel 

27 
45 
45 
25 

18 
5 
15 

1 

38 
63 
63 
35 

25 
7 
21 

1 

Equal to that of the ethanol  
production pathway used 
Equal to that of the ethanol  
production pathway used 

15 

22 

EN 

57 

   EN 

 
sunflower biodiesel 
palm oil biodiesel (process not specified) 
palm  oil  biodiesel  (process  with  no  methane  emissions  to 
air at the oil mill) 
waste vegetable or animal oil biodiesel 
Hydrotreated vegetable oil from rape seed 
Hydrotreated vegetable oil from sunflower 
Hydrotreated  vegetable  oil  from  palm  oil  (process  not 
specified) 
Hydrotreated vegetable oil from palm oil (process with no 
methane emissions to air at the oil mill) 
pure vegetable oil from rape seed 
biogas  from  municipal  organic  waste  as  compressed 
natural gas 
biogas from wet manure as compressed natural gas 
biogas from dry manure as compressed natural gas 

15 
33 
13 

13 
10 
10 
28 

7 

4 
13 

7 
7 

Transport and distribution: ' etd ' as defined in Part C of this Annex 

22 
47 
18 

18 
14 
14 
40 

10 

5 
18 

9 
9 

biofuel and other bioliquid production pathway 

sugar beet ethanol 
wheat ethanol 
corn (maize) ethanol, Community produced  
sugar cane ethanol 
the  part  from  renewable  sources  of  ETBE  (ethyl-tertio-
butyl-ether) 
the  part  from  renewable  sources  of  TAEE  (tertiary-amyl-
ethyl-ether) 
rape seed biodiesel 
sunflower biodiesel 
palm oil biodiesel 
waste vegetable or animal oil biodiesel 
Hydrotreated vegetable oil from rape seed 
Hydrotreated vegetable oil from sunflower 
Hydrotreated vegetable oil from palm oil 
pure vegetable oil from rape seed 
biogas  from  municipal  organic  waste  as  compressed 
natural gas 
biogas from wet manure as compressed natural gas 
biogas from dry manure as compressed natural gas 

Typical 
greenhouse  gas 
emissions 
(gCO2eq/MJ) 

Default 
greenhouse  gas 
emissions  
(gCO2eq/MJ) 

3 
2 
2 
8 

3 
2 
2 
8 

Equal to that of the ethanol  
production pathway used 
Equal to that of the ethanol  
production pathway used 

1 
1 
5 
1 
1 
1 
5 
1 
3 

5 
4 

1 
1 
5 
1 
1 
1 
5 
1 
3 

5 
4 

EN 

58 

   EN 

 
Total 

biofuel and other bioliquid production pathway 

sugar beet ethanol 
wheat ethanol (process fuel not specified) 
wheat ethanol (lignite as process fuel in CHP plant) 
wheat  ethanol  (natural  gas  as  process  fuel  in  conventional 
boiler) 
wheat ethanol (natural gas as process fuel in CHP plant) 
wheat ethanol (straw as process fuel in CHP plant) 
corn  (maize)  ethanol,  Community  produced  (natural  gas  as 
process fuel in CHP plant) 
sugar cane ethanol 
the  part  from  renewable  sources  of  ETBE  (ethyl-tertio-butyl-
ether) 
the part from renewable sources of TAEE (tertiary-amyl-ethyl-
ether) 
rape seed biodiesel 
sunflower biodiesel 
palm oil biodiesel (process not specified) 
palm oil biodiesel (process with no methane emissions to air at 
the oil mill) 
waste vegetable or animal oil biodiesel 
Hydrotreated vegetable oil from rape seed 
Hydrotreated vegetable oil from sunflower 
Hydrotreated  vegetable  oil  from  palm  oil  (process  not 
specified) 
Hydrotreated  vegetable  oil  from  palm  oil  (process  with  no 
methane emissions to air at the oil mill) 
pure vegetable oil from rape seed 
biogas from municipal organic waste as compressed natural gas 
biogas from wet manure as compressed natural gas 
biogas from dry manure as compressed natural gas 

Typical 
greenhouse  gas 
emissions  
(gCO2eq/MJ) 

Default 
greenhouse  gas 
emissions  
(gCO2eq/MJ) 

43 
66 
66 
46 

39 
26 
37 

21 

54 
84 
84 
56 

46 
28 
43 

22 

Equal to that of the ethanol  
production pathway used 
Equal to that of the ethanol  
production pathway used 

47 
35 
57 
36 

14 
42 
30 
52 

31 

36 
16 
12 
10 

53 
41 
70 
41 

19 
46 
34 
63 

34 

38 
21 
14 
13 

EN 

59 

   EN 

 
E. 

Estimated disaggregated values for future biofuels and bioliquids that are not or 
in negligible quantities on the market in January 2008 

Cultivation: 'eec' as defined in Part C of this Annex 

biofuel and other bioliquid production pathway 

Typical  greenhouse 
gas emissions 
(gCO2eq/MJ) 

Default  greenhouse 
gas emissions  
(gCO2eq/MJ) 

wheat straw ethanol 
waste wood ethanol 
farmed wood ethanol 
waste wood Fischer-Tropsch diesel 
farmed wood Fischer-Tropsch diesel 
waste wood DME (dimethylether) 
farmed wood DME (dimethylether) 
waste wood methanol 
farmed wood methanol 
the  part  from  renewable  sources  of  MTBE  (methyl-
tertio-butyl-ether)l 

3 
1 
6 
1 
4 
1 
5 
1 
5 

3 
1 
6 
1 
4 
1 
5 
1 
5 
Equal to that of the methanol 
production pathway used 

Processing (including excess electricity): ep - eee' as defined in Part C of this Annex 

biofuel and other bioliquid production pathway 

Typical  greenhouse 
gas emissions 
(gCO2eq/MJ) 

Default  greenhouse 
gas emissions  
(gCO2eq/MJ) 

wheat straw ethanol 
wood ethanol 
wood Fischer-Tropsch diesel 
wood DME (dimethylether) 
wood methanol 
the  part  from  renewable  sources  of  MTBE  (methyl-
tertio-butyl-ether)l 

5 
12 
0 
0 
0 

7 
17 
0 
0 
0 
Equal to that of the methanol 
production pathway used 

Transport and distribution: ' etd ' as defined in Part C of this Annex 

biofuel and other bioliquid production pathway 

Typical  greenhouse 
gas emissions 
(gCO2eq/MJ) 

Default  greenhouse 
gas emissions  
(gCO2eq/MJ) 

wheat straw ethanol 
waste wood ethanol 
farmed wood ethanol 
waste wood Fischer-Tropsch diesel 
farmed wood Fischer-Tropsch diesel 
waste wood DME (dimethylether) 
farmed wood DME (dimethylether) 
waste wood methanol 
farmed wood methanol 
the  part  from  renewable  sources  of  MTBE  (methyl-
tertio-butyl-ether)l 

2 
4 
2 
3 
2 
4 
2 
4 
2 

2 
4 
2 
3 
2 
4 
2 
4 
2 
Equal to that of the methanol 
production pathway used 

EN 

60 

   EN 

 
Total  

biofuel and other bioliquid production pathway 

Typical 
greenhouse  gas 
emissions 
(gCO2eq/MJ) 

Default 
greenhouse  gas 
emissions  
(gCO2eq/MJ) 

wheat straw ethanol 
waste wood ethanol 
farmed wood ethanol 
waste wood Fischer-Tropsch diesel 
farmed wood Fischer-Tropsch diesel 
waste wood DME (dimethylether) 
farmed wood DME (dimethylether) 
waste wood methanol 
farmed wood methanol 
the  part  from  renewable  sources  of  MTBE  (methyl-
tertio-butyl-ether) 

11 
17 
20 
4 
6 
5 
7 
5 
7 

13 
22 
25 
4 
6 
5 
7 
5 
7 
Equal to that of the methanol 
production pathway used 

EN 

61 

   EN