REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive (EU) 2018/2001/EU on the promotion of the use of energy from renewable sources
Date: 2023-04-24
Institutions: Directorate-General for Energy, European Commission
Subjects: EU programme, European Commission, delegated legislation, energy consumption, energy saving, greenhouse gas, reduction of gas emissions, renewable energy, renewable resources, transfer of competence

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   EUROPEAN COMMISSION  Brussels, 24.4.2023  COM(2023) 204 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission   pursuant to Directive (EU) 2018/2001/EU on the promotion of the use of energy from renewable sources      
 
 
1.  INTRODUCTION 

Directive (EU) 2018/2001 of 11 December 2018 on the promotion of the use of energy from 
renewable  sources  (“the  Directive”)  establishes  a  common  framework  for  the  promotion  of 
energy from renewable sources. It entered into force on 24 December 2018. It sets a binding 
Union target for the overall share of energy from renewable sources in the Union's gross final 
consumption  of  energy  in  2030.  It  also  lays  down  rules  on  financial  support  for  electricity 
from  renewable sources, on self-consumption of  such electricity, on the use of energy from 
renewable  sources  in  the  heating  and  cooling  sector  and  in  the  transport sector,  on  regional 
cooperation  between  Member  States,  and  between  Member  States  and  third  countries,  on 
guarantees  of  origin,  on  administrative  procedures  and  on  information  and  training.  It  also 
establishes sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids 
and biomass fuels. 

According  to  the  provisions  of  the  Directive,  the  Commission  is  empowered  to  adopt 
delegated  acts  in  a  number  of  areas.  The  Directive  also  imposes  on  the  Commission  the 
obligation to report to the co-legislators in respect of the delegation of power conferred on it. 

2.  LEGAL BASIS 

The present report is required under Article 35(2) of the Renewable Energy Directive, which 
stipulates that the Commission has to prepare a report in respect of delegated powers at  the 
latest 9 months before the end of the five-year period starting 24 December 2018.  

According to Article 35, the Commission is empowered to adopt delegated acts referred to in 
the  fifth  subparagraph  of  Article  7(3),  the  second  subparagraph  of  Article  8(3),  the  second 
subparagraph  of  Article  25(2),  the  fourth  subparagraph  of  Article  26(2),  the  fifth 
subparagraph of Article 26(2), point (c) of Article 27(1), the seventh subparagraph of Article 
27(3), Article 28(5), the second subparagraph of Article 28(6), and the second subparagraph 
of  Article  31(5).  The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  for  a 
period of five years from 24 December 2018 according to Article 35(2), with the exception to 
the fifth subparagraph of Art 7(3), where, according to Article 35 (3), the period is only two 
years. 

Except for power to adopt delegated acts laid down in  the fifth subparagraph of Article 7(3), 
the delegation of power will be tacitly extended for periods of an identical duration unless the 
European  Parliament  or  the  Council  opposes  such  extension  not  later  than  three  months 
before the end of each period. 

3.  EXERCISE OF THE DELEGATION 

a)  The following delegated acts were adopted:  

During the reporting period, the Commission exercised its delegated powers, by adopting the 
following delegated acts: 

Area of delegation 
COMMISSION DELEGATED REGULATION (EU) 2022/759 of 14 
December 2021 amending Annex VII to Directive (EU) 2018/2001 of 
the European Parliament and of the Council as regards a 

Basis for delegation  
Article 7 (3) 

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methodology for calculating the amount of renewable energy used for 
cooling and district cooling 
COMMISSION DELEGATED REGULATION (EU) 2021/2003 of 6 
August 2021 supplementing Directive (EU) 2018/2001 of the 
European Parliament and of the Council by establishing the Union 
renewable development platform  
COMMISSION DELEGATED REGULATION (EU) 2019/807 of 13 
March 2019 supplementing Directive (EU) 2018/2001 of the 
European Parliament and of the Council as regards the determination 
of high indirect land-use change-risk feedstock for which a 
significant expansion of the production area into land with high 
carbon stock is observed and the certification of low indirect land-use 
change-risk biofuels, bioliquids and biomass fuels 
COMMISSION DELEGATED REGULATION (EU) …/... of 
10.2.2023 supplementing Directive (EU) 2018/2001 of the European 
Parliament and of the Council by establishing a Union methodology 
setting out detailed rules for the production of renewable liquid and 
gaseous transport fuels of non-biological origin 
C (2023) 1087 final 
COMMISSION DELEGATED REGULATION (EU) …/... of 
10.2.2023 supplementing Directive (EU) 2018/2001 of the European 
Parliament and of the Council by establishing a minimum threshold 
for greenhouse gas emissions savings of recycled carbon fuels and by 
specifying a methodology for assessing greenhouse gas emissions 
savings from renewable liquid and gaseous transport fuels of non-
biological origin and from recycled carbon fuels  
C(2023) 1086 final 

Article 8(3) 

Article 26(2), fourth 
subparagraph 

Article 27(3), 
seventh 
subparagraph 

Article 25(2) and 
Article 28(5)  

The  last  two  delegated  regulations  were  adopted  on  10  February  2023.  They  had  not  yet 
entered into force as of the date of the adoption of this Report and were still under scrutiny by 
the European Parliament and the Council. 

b)  Work on the following delegated acts is on-going: 

The following acts are currently under preparation: 

Area of delegation 

Reviewing criteria on high ILUC-risk biofuels, 
including a decreasing trajectory for high ILUC-risk 
biofuels 
Adding feedstock that can be processed only with 
advanced technologies to Part A of Annex IX 

Expected 
adoption date 
September 
2023 

likely adoption 
in Q2/2023 

Basis for 
delegation  
Article 26(2), 
fourth 
subparagraph  
Article 28(6), 
second 
subparagraph 

c)  No exercise of referred power considered necessary until now: 

During  the  reporting  period,  the  Commission  considered  that  it  was  not  necessary  to  adopt 
delegated acts for the following points: 

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Area of delegation 

Adapting the energy content of transport fuels, as set out in Annex III, 
in accordance with scientific and technical  
progress 
Amend, where appropriate, Annexes V and VI by adding or revising 
the default values or modifying the methodology. 

d) Consultation prior to adoption  

Basis for 
delegation  
Article 27 (1) (c) 

Article 31(5) 

The  Commission  always  consulted  experts  nominated  by  Member  States  and  relevant 
stakeholders,  via  regular  dedicated  meetings  of  the  relevant  Commission  Expert  Group  and 
written  consultations,  during  the  preparation  of  delegated  acts  under  the  Directive.  The 
European  Parliament  was  also  invited  to  participate  in  all  these  consultation  activities.  The 
documents  relevant  to  these  consultations  were  transmitted  simultaneously  to  the  European 
Parliament and to the Council, as foreseen in the Common Understanding on delegated acts. 
Moreover, public consultations took place to give all stakeholders the possibility for feedback.  

The  observations  presented  in  these  consultations  were  taken  into  consideration  when 
preparing the final versions of delegated acts.  

4.  CONCLUSION 

Over  the  past  five  years,  the  Commission  has  exercised  properly  the  delegated  powers 
conferred  to  it  under  the  Renewable  Energy  Directive.  Given  the  fact  that  not  all  delegated 
acts  for  which  the  Commission  has  received  a  referral  of  power  have  been  adopted  by  the 
time of writing this report, the Commission sees the need for extension of all empowerments 
to adopt delegated acts provided for in the Directive beyond the current five-year period.  It 
invites the European Parliament and the Council to take note of this report. 

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