6.2.2007 EN Official Journal of the European Union L 32/183
COMMISSION DECISION
of 21 December 2006
establishing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2004/8/EC of the European Parliament and of the Council
(notified under document number C(2006) 6817)
(Text with EEA relevance)
(2007/74/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2004/8/EC of the European Parliament and of the Council on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EC (1), and in particular Article 4(1) thereof,
Whereas:
(1) Pursuant to Article 4 of Directive 2004/8/EC the Commission is to establish harmonised efficiency reference values for separate production of electricity and heat consisting of a matrix of values differentiated by relevant factors, including year of construction and types of fuel.
(2) The Commission has completed a well-documented analysis in accordance with Article 4(1) of Directive 2004/8/EC. Developments in the best available and economically justifiable technology which were observed during the period covered by this analysis indicate that for the harmonised efficiency reference values for separate production of electricity, a distinction should be drawn relating to the year of construction of a cogeneration unit. Furthermore, correction factors relating to the climatic situation should be applied to these reference values because the thermodynamics of generating electricity from fuel depend on the ambient temperature. In addition correction factors for avoided grid losses should be applied to these reference values to take account of the energy savings obtained when grid use is limited due to decentralised production.
(3) By contrast, the analysis showed that concerning the harmonised efficiency reference values for separate production of heat a distinction relating to the year of construction was not necessary as the net energy efficiency of boilers has hardly improved in the period covered by the analysis. No correction factors relating to the climatic situation were required because the thermodynamics of generating heat from fuel do not depend on the ambient temperature. In addition correction factors for heat grid losses are not required as heat is always used near the site of production.
(4) The harmonised efficiency reference values have been based on the principles mentioned in Annex III (f) of Directive 2004/8/EC.
(5) Stable conditions for investment in cogeneration and continued investor confidence are needed. In this perspective it is appropriate to maintain the same reference values for a cogeneration unit for a reasonably long period of ten years. However, taking into consideration the main aim of Directive 2004/8/EC to promote cogeneration in order to save primary energy, an incentive for retrofitting older cogeneration units should be given in order to improve their energy efficiency. For these reasons the efficiency reference values for electricity applicable to a cogeneration unit should become stricter from the eleventh year after the year of its construction.
(6) The measures provided for in this Decision are in accordance with the opinion of the Cogeneration Committee,
Establishment of the harmonised efficiency reference values
The harmonised efficiency reference values for separate production of electricity and heat shall be as set out in Annex I and Annex II respectively.
Correction factors for the harmonised efficiency reference values for separate production of electricity
1.   Member States shall apply the correction factors set out in Annex III(a) in order to adapt the harmonised efficiency reference values set out in Annex I to the average climatic situation in each Member State.
The correction factors for the average climatic situation shall not apply to fuel cell-based cogeneration technology.
If on the territory of a Member State official meteorological data show differences in the annual ambient temperature of 5 oC or more, that Member State may, subject to notification to the Commission, use several climate zones for the purpose of the first subparagraph using the method set out in Annex III(b).
2.   Member States shall apply the correction factors set out in Annex IV in order to adapt the harmonised efficiency reference values set out in Annex I to avoided grid losses.
The correction factors for avoided grid losses shall not apply to wood fuels and biogas.
3.   Where Member States apply both the correction factors set out in Annex III(a) and those set out in Annex IV, they shall apply Annex III(a) before applying Annex IV.
Application of the harmonised efficiency reference values
1.   Member States shall apply the harmonised efficiency reference values set out in Annex I relating to the year of construction of a cogeneration unit. These harmonised efficiency reference values shall apply for 10 years from the year of construction of a cogeneration unit.
2.   From the eleventh year following the year of construction of a cogeneration unit, Member States shall apply the harmonised efficiency reference values which by virtue of paragraph 1 apply to a cogeneration unit of 10 years of age. These harmonised efficiency reference values shall apply for one year.
3.   For the purpose of this Article the year of construction of a cogeneration unit shall mean the calendar year of the first electricity production.
Retrofitting of a cogeneration unit
If an existing cogeneration unit is retrofitted and the investment cost for the retrofitting exceeds 50 % of the investment cost for a new comparable cogeneration unit, the calendar year of first electricity production of the retrofitted cogeneration unit shall be considered as its year of construction for the purpose of Article 3.
Fuel mix
If the cogeneration unit is operated with a fuel mix the harmonised efficiency reference values for separate production shall be applied proportionally to the weighted mean of the energy input of the various fuels.
Addressees
This Decision is addressed to the Member States.