EUROPEAN
COMMISSION

Brussels, 30.11.2016
COM(2016) 767 final
2016/0382 (COD)

Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the promotion of the use of energy from renewable sources (recast)

(Text with EEA relevance)
{SWD(2016) 416 final}
{SWD(2016) 417 final}
{SWD(2016) 418 final}
{SWD(2016) 419 final}

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EXPLANATORY MEMORANDUM
1.

CONTEXT OF THE PROPOSAL

•1.1

Reasons for and objectives of the proposal

Renewable Energy Sources (RES) contribute to climate change mitigation through the
reduction of greenhouse gas emissions, achieve sustainable development, protect the
environment and improve citizens' health. Moreover, renewable energy is also emerging as a
driver of inclusive economic growth, creating jobs and reinforcing energy security across
Europe.
These aspects are enshrined in Article 194 of the Treaty on the Functioning of the European
Union, which has conferred Union competences to promote renewable energy.
The European Union (EU) has long been worldwide leader in the promotion and development
of renewable energy, steering the effort to combat climate change, encourage the shift to a
low-carbon economy and stimulate high-potential economic growth. President Juncker has
already defined the ambition of the EU becoming the world's number one on renewables as
one of the Commission's main political priorities. This ambition should cover not only the
objective to increase deployment of renewable energy, but also the supply by European
companies of key components inside and outside the EU.
The current 2020 framework sets a EU 20% target for energy consumption which relies on
legally binding national targets until 2020. National Renewable Energy Action Plans and the
biennial monitoring provided for by the Directive 2009/28/EC on the promotion of the use of
energy from renewable sources have been effective in promoting transparency for investors
and other economic operators and thereby favoured the rapid deployment increase in the share
of renewables from 10.4% in 2007 to 17% in 2015.
In October 2014, the European Council agreed the 2030 framework for climate and energy
reaffirming the Union's long-term commitment to the ambitious EU strategy in renewable
energies. The new framework sets out the European Union target of at least 27% for the share
of renewable energy consumed in the EU in 2030. This target is binding at EU level and will
be fulfilled through individual Member States' contributions guided by the need to deliver
collectively for the EU. In addition, the new framework also enables the collective delivery to
be done without preventing Member States from setting their own, including more ambitious,
national targets. Member States can support renewable energy, subject to State aid rules.
On several occasions, the European Council1 has encouraged the Commission to review and
develop legislation related i.a. to renewables to underpin the agreed 2030 target. The
European Parliament has also called upon the Commission to present the renewable energy
legislation and to increase even further the ambition level to at least 30%.
EU energy system projections indicate that current Member States and EU policies, if no new
policies are put in place, would only lead to, approximately, 24.3% of renewable energy
consumption in 2030. This level would be well below the at least 27% EU level binding
renewable energy target as agreed by the European Council, and would prevent the Union
from collectively delivering on the commitments made in the 2015 Paris Agreement. The
continuation of unchanged policies would also seriously risk undermining the realisation of
the Union's political ambition for world leadership in renewable energy. In addition, it would
forego the benefits of security offered by increasing energy supply from indigenous sources,
and reduce consumers' participation in the energy system.
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European Council conclusions of 19 – 20 March 2015, of 17-18 December 2015, of 17-18 March 2016

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The analysis that underpins this proposal for a recast of the Renewable Energy Directive (the
Proposal) therefore indicates that reaching the EU level target of at least 27% calls for a
change in policies in the form of a Union level framework leading to EU, national and
regional level measures. This is even more the case once it is considered that the exact size of
the target shortfall is subject to unavoidable uncertainty given the assumptions required for
the estimation, that an EU renewables' share above 27%, is the minimum level that must be
reached, and that the significant investment effort required to fill the gap in the EU (e.g. 254
billion Euro for renewable energy only in electricity generation) calls for early, clear and
stable policy signals.
At the same time, and in the absence of an updated regulatory framework, there is a risk that
greater differences within the EU will arise, whereby only the best performing Member States
will continue the increasing trajectory in renewables' consumption, while those who are
lagging behind will not find any incentive to increase their production and consumption of
renewable energy. Moreover, this concentration of the efforts in a few Member States would
be more expensive and further distort the internal energy market.
Furthermore, Union-level action is a particularly appropriate tool given the fundamental
difference between the 2020 framework and the 2030 framework. While delivery under the
first could heavily rely on the strength of national binding targets, and thus allow Member
States a large discretion on the choice of national measures, the 2030 framework is solely
based on a EU-level binding target, which is not translated into national targets.
The Union's 2030 target can thus be best achieved through a partnership with Member States
combining their national actions supported by a framework of measures as outlined in this
Proposal. In the electricity sector, Member States will be able to promote renewable
electricity by implementing cost-effective national support schemes subject to State aid rules
and the framework conditions defined at EU level, including rules for cross-border
participation. In the heating and cooling sector, a greater penetration of renewable energy will
exploit untapped potential. This is to be achieved flexibly through Member State endeavours.
In transport, given cross-border trade of biofuels, a harmonised approach is required.
In this context, an important coordinating element of the overall 2030 energy and climate
framework is the proposal on the Energy Union Governance, which includes (i) planning,
whereby Member States formulate national plans on energy and climate; (ii) reporting and
monitoring, whereby Member States report progress on implementing their national plans;
and (iii) gap filling/corrective measure, whereby the Commission in 2025 will undertake a
more thorough review of the renewable energy progress.
For the EU, the investment needs are estimated to be around or above €1 trillion from 2015 to
2030 in renewable electricity generation alone2. In this context, strengthening investors'
certainty is crucial and therefore it is one of the specific objectives of the Proposal. This needs
to be put into context by noting that at $48.8 billion in 2015, EU investment in renewables has
fallen some 60% compared to 2011 , a drop which isnot just caused by the reduction in
technology costs. As a consequence, while the Union still keep the leading position in terms
of renewable energy investments per capita, its share in total renewables investment has been
declining at a rapid pace, from almost one half in 2010 to less than one fifth in 2015.
An updated framework also needs to take into consideration the new elements already in
place in the field of investments. The 2030 framework is an opportunity for the European
Union in terms of investments, creation of growth and jobs. The EU has to make sure that the
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Source: Bloomberg New Energy Finance (2014). 2030 Market Outlook; International Energy Agency
(2014). World Energy Investment Outlook.

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right conditions for investments are in place. In this spirit the European Fund for Strategic
Investments (EFSI), as part of the Investment Plan for Europe and the European Structural
and Investment Funds (ESIF), have been shown to be a major contributor to investments in
the renewable energy sector. Out of the EFSI transactions approved by the European
Investment Bank (EIB), 23% are in the energy sector. Almost half of the projects in this
sector are related to renewable energy investments. This shows that there is a real interest by
private investors to engage in concrete projects across the EU as this is seen as a key sector
for the energy transition of the European Union and as a strategic sector in which to invest.
The ESIF have a strong focus on low-carbon investments, including renewable energy, in the
2014-2020 period.
Furthermore, the proposal to double the duration of the EFSI as well as its financial strength
must also be seen as an opportunity for more investments in renewables. The proposal for the
continuation of EFSI until 2020 contains the objective to mobilize up to 40% of the
investments in the infrastructure and an innovation window to COP21 related projects. For
this to happen, renewable energy projects, together with energy efficiency, need to continue to
be a major part of the investments in the energy sector. Therefore, it is essential that the right
signals are maintained so that the private and public sectors in the EU have a clear indication
on the future of EU policies. In this context, this Proposal establishes the right regulatory
framework. Investments in renewables and energy efficiency and in the modernization and
integration of European energy markets, are essential for the decarbonisation of EU economy.
But most importantly for the creation of growth and jobs all over Europe, and for the Union's
global competitiveness, as the technological advantage these investments sustain will be
essential for the European industry.
Last but not least, the revision of the current renewable energy framework is also necessary to
reflect the global change that has taken place since 2009, with competitors becoming stronger
on a world stage due to their increasing investments in renewable energy. If the EU wants to
retain its leadership role, a strong renewable energy framework is required to support the
deployment of renewable energy in all sectors. This will also entail significant benefits in
terms of competitive advantages for European industry.
The Proposal lays down the principles according to which Member States can collectively and
continuously ensure that the share of renewable energy in the EU final energy consumption
reaches at least 27% by 2030 in a cost-effective manner across the three sectors of electricity
(RES-E), heating and cooling (RES-H&C) and transport (RES-T), taking into account the
following specific objectives:
•

address investment uncertainty, along a path that takes account of medium and
long term decarbonisation objectives;

•

ensure cost-effective deployment and market integration of renewable
electricity;

•

ensure collective attainment of the EU-wide target for renewable energy in
2030, establishing a policy framework in coordination with the Energy Union
Governance that avoids any potential gap;

•

developing the decarbonisation potential of advanced biofuels and clarify role
of food-based biofuels post 2020;

•

develop renewable energy potential in the heating and cooling sector.

Therefore, the measures included in the Proposal aim to tackle, in a proportionate way, the
existing issues hampering renewable energy deployment, such as investor uncertainty,

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administrative hurdles, the need to improve cost-effectiveness of renewables deployment, the
need to update the policy framework and the risk of loss of citizen-buy in during the transition
towards 2030.
1.2.•

Consistency with existing policy provisions in the policy area

The Proposal is consistent with the Market Design and Energy Union Governance proposals
as well as the revision of the Energy Efficiency and Energy Performance of Buildings
Directives, the EU ETS proposal of July 2015 and the proposed Effort Sharing Regulation,
the Land Use, Land Use Change and Forestry Regulation (LULUCF) of July 2016.
The Proposal needs to be viewed together with the above mentioned initiatives, which are not
by themselves sufficient to allow the EU to reach, collectively, a share of at least 27%
renewables in the final energy consumption by 2030 in a cost-effective way.
The Proposal builds on the development of an electricity market fit for renewable energy
under the Market Design initiative, where short term markets are fully developed and
integrated, flexibility plays a key role in enhancing the market value of renewables, and
renewable energy generators can earn a higher fraction of their revenues from the energy
markets reducing the need for public support. Moreover, the Proposal complements the
Market Design initiative by introducing different measures aimed at attracting the necessary
investments cost-efficiently and in a timely manner and by further reducing administrative
burden for renewables producers, including consumers producing their own renewable heat
and electricity.
The Proposal complements the Energy Union Governance by creating the conditions across
the three sectors (electricity, heating and cooling and transport) to facilitate the EU target
achievement in a collective manner. At the same time, the Governance initiative streamlines
and integrates the existing planning, reporting and monitoring obligations of the energy
acquis including those for renewable energy post 2020 which will help track progress towards
EU-wide target achievement, allow for a revision of the ambition in national plans and
activate elements in response to a gap in the collective ambition or a delivery gap.
The Energy Efficiency Directive (EED) and Energy Performance for Buildings Directive
(EPBD) aim, respectively, at facilitating the achievement of the energy efficiency target and
at enhancing the energy performance of buildings. The provisions on heating and cooling in
the proposed EED and EPBD will complement Member States endeavours to facilitate the
penetration of renewable energy in the heating and cooling sector under the twin action of the
provisions contained in this Proposal and the Governance Regulation. This will preserve as
much flexibility as possible to reflect national differences of such systems in place while
ensuring the necessary contribution for the achievement of the overall 2030 target.
In the context of the reformed EU Emission Trading Scheme (EU ETS) for the period after
2020, a strengthened EU ETS will play an increasing role in providing a stronger investment
signal for lower carbon technologies, including renewables, and will ensure that synergies
between renewable energy and climate policies are better exploited. However, the ETS prices
under the reformed EU ETS will not be sufficient to reach the EU-binding target in
renewables of at least 27%. The provisions on support for renewable energy in the power
sector will ensure that such mechanisms will be fully complementary with the ETS and
minimise any potentially negative impact on the carbon price.
Furthermore, the proposed Effort Sharing Regulation makes proposals for setting national
binding emission reduction targets for greenhouse gases for the sectors outside the EU ETS
and on LULUCF, without indicating how these could be met in the most cost-efficient way.
EU energy system projections show that renewable policies across the power, heating and

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cooling, and transport sectors are necessary to reach the non-ETS target and to do so costeffectively.
The proposed LULUCF Regulation aims at including carbon emissions and removals from
agriculture and forestry into the EU 2030 climate and energy framework. The reinforced EU
sustainability criteria on bioenergy aim to continue guaranteeing the sustainability of forest
biomass used in the energy sector, including through a LULUCF requirement ensuring proper
carbon accounting of carbon impacts of forest biomass used for energy.
2.

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•2.1.

Legal basis

The Proposal is based on Article 194(2) of the Treaty on the Functioning of the European
Union, which is the legal basis for measures on energy. As the Treaty contains a specific
energy legal basis, it is appropriate to use it.
•2.2.

Subsidiarity principle

The subsidiarity principle is addressed in this Proposal as the Union does not have exclusive
competences on renewable energy policy. The Proposal builds on the growing importance of
energy as a political and economic challenge and its close interrelation to the policy areas of
security of energy supply, climate change, internal market and economic and social
development.
The need for EU action
EU level action is needed to ensure that Member States contribute to the at least 27% EU
level binding renewable energy target and that this is collectively and cost-effectively met.
Member States are requested to define their own ambition levels including trajectories that
correspond to their national circumstances and preferences. A linear EU-wide trajectory will
help track progress towards the achievement of the EU-wide target without being binding on
Member States individually. The progressive opening of support of renewable electricity is
needed to address fragmentation of the internal market and ensure cross-border tradability,
especially for common rules on transport fuels.
As regards the electricity sector, the EU has set up a single integrated power market where
main principles, rules for common problems and rules regarding cross-border aspects are
being established at EU-level. It follows that also for renewables such cross-border aspects
need to be addressed at EU level through specific rules.
Some of the sustainability risks linked to the development of bioenergy have a cross border
dimension and hence can be more efficiently addressed at EU level. This is in particular the
case for environmental impacts such as climate change and biodiversity loss. In addition,
there is a need for a harmonised EU sustainability framework for biomass in heat and power
in order to facilitate biomass trade and promote the internal market in biomass fuels.
Analysis shows that action only at Member States' level would likely lead to distortions in,
and fragmentation of the internal energy market, resulting in an overall higher costs and lower
deployment of renewable energy across the Union.
EU added value
As regards the heating and cooling sector, it consumes close to 50% of EU's energy and 75%
of the EU's consumption in this sector is still fossil-based. The lack of an EU-wide strategy
has compounded investors' uncertainty and allowed the fragmentation of local markets, where
consumers have difficulties in making choices based on their preferences and lack of

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regulatory policies creating incentives for decentralised energy. EU guidance in this sector
could help create an integrated EU market for renewables in heating and cooling. Therefore,,
Member States are provided with options on how to address the untapped potential in the
heating and cooling sector.
Given the local dimension of heating and cooling, the Proposal sets up an overall framework
for incentivising renewables in this sector, while leaving to the Member States the possibility
to adapt to local circumstances in the most cost-efficient way.
Transport consumes approximately a third of EU's total energy demand and this demand is
almost entirely met by oil. While the transition to low-emission alternative energy in transport
has already begun, spurred also by the current Renewable Energy Directive, the sector is
significantly lagging behind the other sectors for a number of reasons, including the lack of
strong incentives to innovate in energies and technologies needed for the long-term
decarbonisation and energy diversification of transport as well as infrastructure issues related
to electrification (which is being addressed via the implementation of the Alternative Fuel
Directive and the proposed measures under the review of the Energy Performance of Building
Directive).
A common EU action will ensure that that the objectives of the policy (e.g. developing the
decarbonisation potential of advanced biofuels) are achieved collectively at least cost.
An EU-wide energy and climate framework for renewable energy in 2030 will also help to
monitor and support Member States energy policies to achieve a sustainable, secure and
affordable energy system for European citizens. With a predictable EU regulatory framework
leading the renewables' sector towards 2030 supporting Europeanisation of renewables policy,
in particular strengthening the market-based approach to renewables and promoting the
opening of cross-border support, Member States can better design national policies towards
the 2020 target, which ensure that renewable energy policies are coherent with other energy
and climate objectives, namely the ETS, the Effort-Sharing Regulation and the EU energy
efficiency target for 2030. An EU-level framework setting out high-level principles for
support schemes would also provide investor certainty, which may have been undermined in
the past by the stop and go policy – and sometimes retroactive measures – taken by certain
Member States.
By acting at EU-level, several barriers to public and private investments (e.g. related to
authorisation procedures) could be tackled, addressing the lack of coordination between
various authorising bodies at national level and stimulating the administrative capacity to
implement cross-border projects and support schemes.
EU action will deliver investors certainty in an EU-wide regulatory framework, a consistent
and cost-efficient deployment of renewable energy across the EU and an efficient operation of
the internal energy market whilst respecting the potential of Member States to produce
different forms of renewable energy according to the energy mix of choice.
In this regard, Member States retain wide discretion and flexibility to favour the development
of renewable energy in any sector of their economies in the way that suits their national
potential and circumstances best, including the option of achieving the EU-level target by
supporting the deployment of renewable energy in other Member States, compatible with
market design proposals.
The Proposal therefore complies with the subsidiarity principle.

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2.3.

Proportionality principle and choice of instruments

The Proposal complies with the proportionality principle, as it sets out EU actions that will
ensure the Union to meet the at least 27% target but provides flexibility for Member States to
implement the envisaged actions and develop the renewable energy sector that corresponds
best to their national situation, preferences and potential, provided they collectively reach the
at least 27% target.
The EU level target entails a fundamental shift in the policy framework for 2030, from legally
binding national targets, allowing Member States large discretion on their national measures,
to a legally binding target placed at the level of the European Union. Within this context,
having solely national measures would lead to a non-cost efficient and unevenly spread
efforts across the EU, leading to an insufficient deployment of renewables in the EU internal
energy market, potentially falling short of the agreed target. Within this context, having solely
national measures coordinated under the proposed governance mechanisms would not offer
sufficient guarantees in terms of meeting the target, achieving it in the most cost-efficient
manner, avoiding any free riding among Member States and reducing market fragmentation.
EU level action can therefore create a robust and stable framework that enables the collective
and cost-efficient achievement of the Union's binding objective of at least 27% renewable
energy in 2030, with a fair distribution of efforts by Member States, without going beyond the
necessary measures needed to ensure cost-optimality of the common effort.
Concerning specific sectoral provisions, the heating and cooling consumes close to 50% of
EU's energy and 75% of the EU's fuel needs for heating and cooling still come from fossil
fuels. As such, decarbonising the heating and cooling sector is crucial if the EU is to stay on
the path of our long term decarbonisation objectives and improve security of supply. By 2030,
close to half3 of the contribution to the EU renewable energy target should come from heating
and cooling. This magnitude shows the need for action in this specific sector. The proposed
heating and cooling options guide Member States in the choice of approach to facilitate the
penetration of renewables in the sector contributing to reach this cost-efficient share, while
leaving them full flexibility in the design of their integrated climate and energy plans. Should
all Member States adopt the suggested measure, this would roughly cover one fourth of the
gap between the no policy change and the EU level target of at least 27%.
Important national prerogatives, such as the Member State's right to determine the conditions
for exploiting their energy resources, their choice between different energy technologies and
the general structure of their energy supply, remain fully untouched. Furthermore, the EU
bioenergy sustainability framework includes minimum criteria to demonstrate the sustainable
production and efficient use of biomass in transport, heat and power. The new sustainability
provisions follow a risk-based approach and do apply only to large-scale heat and power
generators.
Finally, proportionality is ensured by striking a balance between objectives of
competitiveness, security of supply and sustainability, and by considering the long term
benefits beyond 2030 of the proposed course of action - and not only be based on short to
medium term impacts.
The level of constraint imposed is thus proportionate to the objective.
2.4.

Choice of the instrument

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 renewables as it clearly defines
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40% of final energy consumption, according to PRIMES EUCO27 scenario

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the EU objectives to be reached, while leaving Member States sufficient flexibility to
implement it in the way that suits their particular national circumstances best. Therefore, only
limited provisions imposing mandatory action are included, and exclusively in order to
increase the necessary cost-optimal deployment across the Union (e.g. Article 5 of the
Proposal on partial mandatory opening of support schemes).
The Proposal entails a substantive amendment to the Renewable Energy Directive, and the
recasting technique allows the adoption of a single legislative text which simultaneously
makes the desired amendment, codifies that amendment with the unchanged provisions of the
earlier act, and repeals that act. Therefore, a recast Directive is the appropriate instrument and
is in line with the Commission’s commitment under the interinstitutional agreement on better
law-making4.
3.

RESULTS
OF
EX-POST
EVALUATIONS,
CONSULTATIONS AND IMPACT ASSESSMENTS

3.1.

REFIT evaluation

STAKEHOLDER

A regulatory fitness programme (REFIT) evaluation of the Renewable Energy Directive was
carried out between 2014 and 2016. The results of this evaluation are submitted in a separate
REFIT evaluation Staff Working Document presented together with the Impact Assessment
accompanying the Proposal.
The REFIT evaluation concluded that the objective of sustainably increasing the share of
renewable energy in the EU final energy consumption has been successful. The binding
national targets, the National Renewable Energy Action Plans and the biennial monitoring
provided for by the Renewable Energy Directive have been particularly effective for
promoting transparency for investors and other economic operators, and have ensured high
quality information on renewable energy markets and policies in the Member States. This is
illustrated by the rapid deployment increase after the date of adoption of the Directive,
passing from 10.4% share of renewables in 2007 to 17% in 2015.
These legal provisions, together with additional national policies and other non-regulatory
measures, have contributed to the overall achievement of EU’s energy and climate policy
goals, resulting in greenhouse gas emission saving, increased security of energy supply,
innovation leadership, employment creation, public acceptance and regional development.
They have proved their relevance, coherence, efficiency, effectiveness and added value for the
overall EU energy and climate change objectives. Renewable energy is, currently, the only
decarbonisation option in the power sector deployed at a rate that is close to what is required
under long-term International Energy Agency (IEA) scenarios to limit global temperature rise
to 2◦C above pre-industrial levels.
However, even if the EU as a whole and all but one Member States are currently on track
towards its overall renewable energy targets for 2020, target achievement by 2020 will only
be secured if Member States continue to promote the deployment of renewables with the view
to meet their increasingly steep trajectories. Furthermore, additional efforts are necessary to
increase the current progress rate of renewables deployment in transport to ensure the
sectorial 10% target is met. In particular, the regulatory uncertainty caused by the long lead
political discussion on how to address the risk of Indirect Land Use Change (ILUC)
associated to food based biofuels has had a negative impact in the deployment of renewables
in the transport sector.

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OJ L 123, 12 May 2016, p.1.

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3.2.

Stakeholder consultations

3.2.1. Consultation methods, main sectors targeted and general profile of respondents
A wide range of stakeholders including Member States and National Regulatory Authorities
have been involved throughout the preparation of the proposal. This has included a 12-week
public consultation, a stakeholder workshop held on 5 February 2016, a dedicated discussion
at the Electricity Regulatory Forum in Florence and numerous bilateral discussions.
A public consultation was launched on 18 November 2015 and remained open until 10
February 2016. The Commission received in total 614 replies. 340 replies were sent by
national and EU-wide associations, accounting for 58% of the replies. Out of these, 110 came
from industry associations (18% of total replies) and 90 were submitted by the renewable
energy industry (15%). Moreover, there were 186 replies directly from undertakings (30%). A
total of 19 national governments and 22 regional or local authorities also participated in this
consultation. It is important to note the significant participation by individual citizens, energy
cooperatives and Non-Governmental Organisations.
The Commission also carried out an online public consultation on bioenergy sustainability,
running from 10 February until 10 May 2016, which received over 950 replies. This was
complemented by a thematic stakeholder conference which took place on 12 May 2016.
3.2.2 Summary of stakeholder views
The detailed assessment of the replies to the public consultation confirms broad consensus
amongst respondents on a number of the elements put forward in the public consultation,
including inter alia the need for a stable and predictable EU legal framework for renewables,
the importance of defining complementary measures in the recast Directive to ensure the
achievement of the at least 27% binding target at EU-level and the relevance of developing a
market fit for renewables. However, stakeholders are divided on other issues, such as on the
geographical scope of support schemes and the exposure of renewables to market conditions
(e.g. priority dispatch and balancing responsibilities).
With regard to the role of private and public entities in the electricity market, there is a strong
support for additional EU action for empowering energy consumers and local authorities. The
vast majority of replies support stronger EU rules guaranteeing that consumers have the
possibility to produce and store their own renewable heat and electricity and participate in all
relevant energy markets in a non-discriminatory and simple way, including through
aggregators. Many respondents support increasing short-term market exposure for selfconsumption systems, by valuing surplus electricity injected into the grid at the wholesale
market price. However, a number of renewables' generators highlight that market-based
support schemes are still needed for small-scale self-consumption systems during the
transition towards a reformed market design. Several respondents support facilitated access to
finance for local initiatives on renewable energy.
Stakeholders stress that retroactive changes to support schemes should be prevented. Other
elements are identified as important to improve the stability of investments; these include the
removal of administrative barriers, further market integration and a reinforced investment
protection regime going beyond the Energy Charter Treaty. Several respondents also insist on
the necessity to ensure a quick implementation of the recast Directive, well ahead of 2021, in
order to give timely policy signals and an outlook to investors.
Several Member States have in particular underlined that the right for Member States to
choose their own energy mix and to develop the renewable technologies that they have
chosen, e.g. for diversification reasons, needs to be guaranteed, especially in the design of
support schemes. They also stressed that market integration of renewables has to be organised

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in a coordinated way and cannot be left only to fragmented procedures depending on
individual notification schedules of Member States.
Last but not least, having a robust legal framework enshrined in the Renewables Directive is
considered key to achieving the at least 27% EU renewable energy target by 2030. The
majority of respondents favour preventive measures to avoid a gap in target achievement, but
also see a need for implementing corrective actions if this happens to be the case. Some
stakeholders, such as energy regulators, highlight the need to ensure consistency of any
complementary measures with national support schemes.
The public consultation highlighted that the main barriers to increasing renewable energy in
transport include inter alia the lack of a stable policy framework for the period after 2020, the
long debate on biofuels sustainability, and the high price of electric vehicles. The vast
majority of respondents also indicated that an EU wide fuel incorporation obligation would be
an effective or very effective measure to promote the consumption of sustainable renewable
fuels in the EU transport sector and increasing the uptake of electric vehicles.
In addition, the Electricity Regulatory Forum held in Florence on 13-14 June 2016 with the
participation of Member States, National Regulatory Authorities and key stakeholders
concluded that the Renewables framework for the post 2020 period should be based on an
enhanced market design, fit for the full integration of renewables, a strong carbon price signal
through a strengthened ETS, and that specific support for renewables, that when and if
needed, should be market based and minimise market distortions. To this end, the Forum
encouraged the Commission to develop common rules on support schemes as a part of the
revision of the Renewable Energy Directive that facilitate a market based and more
regionalised approach to renewables.
The public consultation on bioenergy sustainability has shown a divided perception on the
benefits and risks of bioenergy and on the need for a new EU policy. Nevertheless, an
overwhelming majority of respondents underlined climate mitigation as the main objective of
a bioenergy sustainability policy.
A number of public authorities and public enterprises as well as biofuel and bioliquids
producers and forestry companies and several Member States indicated that they prefer the
baseline scenario, i.e. no additional EU sustainability requirements. One of the main reasons
invoked is the existence of other legislation that covers the potential risks linked to biomass
for energy, as well as the risk of excessive administrative burden.
On the other hand, many EU bioenergy producers and users, as well as by a number of
Member States support additional EU action in order to extend the EU sustainability criteria
to biomass used in heating/cooling and electricity. A recent opinion of the EU Standing
Forestry Committee, the advisory group on EU forest action, supported the option of
introducing a risk-based sustainability criterion for forest biomass.
Requirements on the efficiency of conversion of biomass to energy are supported by a range
of stakeholders including in particular the wood using industry, including pulp and paper
producers, and environmental NGOs. NGOs also support a cap on the overall use of
bioenergy, as well as restrictions on certain feedstocks or sources, and environmental and
social requirements for biomass production.
In general, stakeholders have asked for consistency of treatment when imposing measures that
concern specific feedstocks, regardless of their final use: this means for example that the rules
should be the same for agricultural biomass that is used for producing biofuels or for biogas
for heat and power.

EN

11

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3.3.

Collection and use of expertise

The following main studies were commissioned from external contractors:

3.4.

•

Study on the impact assessment for a new Directive mainstreaming deployment
of renewable energy and ensuring that the EU meets its 2030 renewable energy
target - ECN, Oeko Institute, Eclareon, REBEL, SUER, BBH.

•

Study on Technical Assistance in Realisation of the 2016 Report on Renewable
Energy, in preparation of the Renewable Energy Package for the Period 20202030 in the European Union - Öko-Institut, E3-Modelling, Observ’ER, COWI.

•

Supporting investments into renewable electricity in context of deep market
integration of RES-e after 2020: Study on EU-, regional- and national-level
options - Cambridge Economic Policy Associates (CEPA).

•

Study on the sustainable and optimal use of biomass for energy in the EU
beyond 2020 – PricewaterhouseCoopers, Vito, TU Wien, Utrecht University,
INFRO, Rutter Soceco.

•

Carbon impacts of biomass consumed in the EU - Forest Research UK, VTT,
North Energy, Alterra.

•

Study on impacts on resource efficiency on future EU demand for bioenergy,
IISA, Idufor, EFI, Oeko Institute, IEEP.

Impact assessment

The Impact Assessment (IA) accompanying the Proposal did not present a set of preferred
options but carried out a detailed analysis of each policy option with a gradual approach from
a business as usual scenario (Op. 0), consisting in the continuation of national measures but
excluding additional action at EU level, to alternative scenarios including more EUcomprehensive measures across the five areas below.
On 16 September 20165, the Regulatory Scrutiny Board delivered its first opinion on the
Impact Assessment and asked for its resubmission. This was subsequently revised and
resubmitted to the Regulatory Scrutiny Board on 17 October 2016 which issued a second
negative opinion on 4 November 2016 but did not ask for the impact assessment to be further
revised and resubmitted.
Against this background, the Commission has considered it opportune to go ahead with a
recasting proposal for the Renewable Energy Directive while taking into due account the
reservation expressed by the Regulatory Scrutiny Board in its second opinion. In particular, it
has opted for more proportionate and less burdensome provisions for the heating and cooling
sector combined with strengthened provisions in the governance framework to safeguard the
achievement of the 2030 targets. It has also ensured that the provisions contained in the
Proposal are fully compatible with and complementary to State aid rules and do not impinge
on Commission's competencies in the field of State aid. The proposed provisions are general
principles requiring the use (where needed) of market-based and cost-effective schemes. This
is fully consistent with the new market design and helps to minimise costs for tax payers and
electricity consumers. The provisions further support the investor certainty over the 20212030 period. The Commission has taken into consideration all the objectives of the Energy
Union. Finally, it notes the unavoidable uncertainties in the estimate of the gap to be filled,
5

EN

Opinions available at: http://ec.europa.eu/smart-regulation/impact/ia_carried_out/cia_2016_en.htm .
More specific comments about the Board’s comments can be found in Annex I of the IA accompanying
this proposal.

12

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the minimum nature of the EU-level 27 binding target and the need to provide stable and
timely incentives for investment with high lead times. Given all of the above, the Commission
considers the overall package of measures to be a proportionate answer to the problems faced.
More detailed information on this is presented in this chapter.
(i) Options to increase renewable energy in the electricity sector (RES-E)
a) A common European framework for support schemes: (1) sole use of market mechanisms;
(2) European framework for market-based and cost-effective support; (3) mandatory move
towards investments aid.
The Renewable Energy Directive allows the possibility for support schemes, but leaves the
choice of support schemes to Member States. This has led to the sub-optimal situation where
Member States have introduced support schemes which were subsequently, in many cases,
changed or revoked retroactively. This has in turn negatively impacted investor confidence.
Clearer rules are therefore needed in the recast Renewable Energy Directive to increase
investor confidence.
Against this background, Option 2 entails the introduction of principles for support schemes
that Member States can put in place and are currently still needed for attracting sufficient
investments to reach the Union 2030 target. This option includes design principles for
Member States to use for support schemes and the protection for investors against retroactive
changes. Such principles are without prejudice to State aid rules.
In relation to this sector, the Regulatory Scrutiny Board considered that the existing state aid
guidelines already address most of the issues included in the Impact Assessment and already
acknowledge the 2030 climate and energy targets.
It is a political choice to anchor these principles in the legislation. In this way, these
provisions will support the Europeanisation of renewable energy policy, making renewables
fit for the market, while ensuring certainty for investors until 2030. More details can be found
in Annex 1 of the Impact Assessment. In this context, the proposed framework sets out design
principles that (i) ensure sufficient investor certainty over the 2021-2030 period and (ii)
require the use (where needed) of market-based and cost-effective schemes based on
emerging best practice design. The principles in this Proposal are fully in line with the
orientations already taken by the Commission in the Environment and Energy State Aid
Guidelines (EEAG) and develop them further in a number of areas such as notably on crossborder participation.
Moreover, the framework is effective in ensuring sufficient investor certainty by defining
general design principles in accordance with market-based principles and based on best
practice that will be valid over the 2021-2030 period.
At the same time, the framework is proportionate and not overly prescriptive, since rules are
of general nature, and also respects subsidiarity as it fully takes into account Member States'
right to determine their energy mix. For this purpose it is necessary to define in the present
regulatory framework the relation between, on the one hand, the right for Member States to
choose their own energy mix and to develop the renewable technologies that they have
chosen, e.g. for diversification reasons, and the objective to ensure a level of competition
between technologies on the other. Submitting these basic principles of the energy framework
for Europe to agreement in the Council and the European Parliament, will build legitimacy
and public acceptance for the market integration agenda.

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13

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Furthermore, various stakeholders including regulators6 as well as a number of Member
States have called for such a framework to be introduced in the Proposal, in complementarity
to applicable State aid rules.
b) A more coordinated regional approach: (1) mandatory regional support; (2) mandatory
partial opening of support schemes to cross-border participation.
This proposal reflects the second option (Option 1 in the Impact Assessment Report), in order
to make a partial opening of RES-E support schemes to cross-border participation mandatory.
This option allows achieving lower overall system costs and support costs by ensuring that
investments are increasingly located where potential and other conditions are most
favourable. The results of the Impact Assessment show that this measure would result in
reduced energy system costs of €1.0 billion annually for the period 2021-2030, while
renewable energy support costs paid by the consumer are reduced by 3%.
This option is proportionate as it only proposes a progressive, partial opening, reflecting the
level of physical interconnections. It respects subsidiarity as it does not limit Member State's
ability to design their support scheme and thus does not interfere with their right to determine
their energy mix.
c) A renewable-focused financial instrument: (1) an EU-level financial instrument with wide
eligibility criteria; (2) an EU-level financial instrument in support of higher-risk RES projects.
The goal under this area is to enhance the use of funds under existing or new financial
instruments to support the high ambition of Member States in deploying renewables. The
details of such enabling framework should be set out in the context of the preparation of the
Multiannual Financial Framework for 2021-2027.
d) Administrative simplification: (1) reinforced provisions with "one-stop-shop", time ranges
and facilitated procedures for repowering; (2) permitting procedures time limited, through
automatic approval and simple notification for small projects.
A combination of Options 1 and 2 is preferred for this Proposal, in order to establish a permit
granting process for renewable energy projects with one designated authority ("one-stopshop"), a maximum time limit for the permit granting process, a simple notification to
Distribution System Operators for small scale projects and a specific provision on
accelerating permit granting process for repowering existing renewable plants. This option
allows achieving clearer, more transparent, predictable and less time-consuming permitting
processes for applicants.
This option is proportionate as it is to a large extent the implementation of best-practice
procedures that already exist in some Member States. It does not entail high costs. It respects
subsidiarity as it leaves Member States the choice of how to organise the one-stop-shops. It
also does not interfere with the content of the permitting procedures.
(ii) Options to increase renewable energy in the heating and cooling sector (RES-H&C):
a) Mainstream renewables in the heating and cooling supply: (0) continuation of the current
national measures with no EU action; (1) introducing RES H&C obligation for fossil fuel
suppliers; (2) same obligation but for all fuel suppliers.

6

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See for instance the conclusions of the meeting of the European Electricity Regulatory Forum held on
13-14 June 2016: "the Forum encourages the Commission to develop common rules on support
schemes as a part of the revision of the Renewables Directive that facilitate a market based and more
regionalised approach to renewables".

14

EN

The preferred option was Option 2, where suppliers designated by the Member States and
covering at least 50% of the energy supply would have been required to gradually mainstream
renewable energy in their total annual sales volume until 2030 (by 1 percentage point
annually.
In relation to this sector, the Regulatory Scrutiny Board has questioned the proportionality of
establishing an obligation on heating and cooling energy suppliers. In order to address these
concerns, the current proposal replaces the obligation by several options open to Member
States, therefore providing flexibility of implementation at national level.
Taken into account that heating and cooling represents nearly half of the EU final energy use7
and that, while the share of renewable energy in electricity has increased by more than 8
percentage points between 2009 and 2015, the share of renewables in the heating and cooling
sector has only expanded by less than 3 percentage points in the same period, there is a need
for an ambitious, but flexible, measure in this sector.
This option is proportionate, as it does not go beyond what is necessary to increase
deployment of renewables in the RES-H&C sector at EU level and does not place a heavy
burden on SMEs.
This option is consistent and complementary to EED and EPBD. The energy efficiency in the
heating and cooling sector is promoted through energy savings and renovation, especially in
the building sector. In parallel, the heating and cooling options would accelerate the fuelswitching from fossil fuels to renewable energy in the heating and cooling sector, also
tackling the existing building stock. Dedicated renewable-energy measures in the heating and
cooling supply and energy use at building level will reduce the risk of technology lock-in, i.e.
where the approach focused on energy efficiency only triggers fossil fuel technologies being
replaced by more efficient but still fossil fuel solutions.
b) Facilitate the uptake of renewable energy and waste heat in District Heating and Cooling
(DHC) systems: (1) best practice sharing; (2) energy performance certificates and opening
access to local H&C; (3) measures under 1 and 2 together with an additional reinforced
consumer rights framework.
Option 3 is preferred for this Proposal. This option empowers consumers to produce
renewable heat locally, and use a renewable district heating and cooling system to create local
synergies with other users, therefore having a positive social impact. The disconnection
possibility would allow for additional renewable heat production between 2020 and 2030
further contributing to climate change mitigation. Even though allowing disconnection could
have negative consequences for the revenue streams of local district heating and cooling
companies, these impacts would be off-set by the positive social and environmental impacts.
This option is also proportionate since administrative burden will be directly correlated to the
level of penetration of district heating systems at national level. In particular, Member States
with low share of district heating will face limited certification burden and likely moderate
disconnection demand.
District heating and cooling represents around 10% of energy supply in the EU. District
heating and cooling systems are an enabler for higher shares of renewable energy in the EU
energy system. For example, there is a vast untapped potential for using industrial scale heat
pumps in district heating and it is estimated that over 25% of the EU population live in areas
suitable for geothermal district heating applications. Furthermore, district heating systems

7

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"An EU Strategy for Heating and Cooling" (COM (2016) 51 final).

15

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represent an important infrastructural technology to facilitate increased total conversion
efficiencies of waste-to-energy plants8.
The older district heating and cooling systems must evolve to accommodate the increase of
renewable energy supply. However, the current investment in district heating and cooling
does not allow a transition to efficient and renewable energy supply.
Energy performance measures require relative simple administrative support, but could
potentially substantially increase renewable energy deployment, therefore the efficiency of the
measure.
In addition, this option is also proportionate (as it creates a level playing field between local
district heating and cooling operators and the contributors and users of heat through a
transparent, yet comparable system) and respects subsidiarity (as it provides the principles but
respects the role of national and local authorities in establishing district heating and cooling
systems).
(iii) Options to increase low-carbon and renewable energy in the transport sector (RES-T):
(1) EU incorporation obligation for advanced renewable fuels; (2) EU incorporation
obligation for advanced renewable transport fuels (including advanced biofuels), alongside a
reduction of food-based biofuels with a range of variants covering the speed and extent of
reduction; (3) building on option 2, a dedicated EU incorporation obligation for aviation and
maritime renewable fuels; (4) GHG emission reduction obligation (continuation of the Fuel
Quality Directive).
The Regulatory Scrutiny Board considered that the sustainability of biofuels and their
potential contribution to the Union-level target should be clearly specified and assessed in the
same way as for other forms of bioenergy. It also asked for the consideration of an additional
option applying improved sustainability criteria to all biofuels.
The Impact Assessment has analysed these four policy options for EU action to promote the
decarbonisation and energy diversification of transport fuels, while addressing Indirect Land
Use Change (ILUC) associated to food-based biofuels. In this context, it builds on the
analysis developed in the impact assessment to the ILUC Directive, the Impact Assessment
assesses a number of options for strenghtening the existing sustainability framework for
biofuels, including by extending and further reducing the existing cap on food-based biofuels
to the period after 2020 in order to minimise ILUC emissions. In addition, the Impact
Assessment on bioenergy assessed options for strengthening the overall sustainability criteria
for bioenergy, including a new sustainabilty criteron for forest biomass (used also for biofuel
production) and an extension of the sustainability criteria to biomass used for heat and power.
Option 2 is preferred for this Proposal since it builds on the practice of 25 Member States,
which have introduced biofuel blending mandates, and provides industry with greater
certainty about future market demand/volumes for advanced biofuels, which is needed to
ensure large-scale investment and innovation into the sector. This option will also allow for a
gradual reduction of food-based biofuels, as indicated in the July 2016 Strategy on Low
Emission Mobility9.
The proposed reduction trajectory takes into account the important past investments realised
so far, and is in line with a realistic speed in the rollout of advanced biofuels in the market.

8
9

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Persson & Muenster (2016). Current and future prospects for heat recovery from waste in European
district heating systems: A literature and data review. Energy. September 2016.
"A European Strategy for Low-Emission Mobility" (COM(2016) 501 final).

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The option is easier and straightforward to implement, as it builds on the extensive policy and
administrative experience gained at national level.
The preferred option addresses ILUC emissions and promotes high GHG performance of
advanced biofuels. ILUC can be significantly reduced through a gradual reduction of
conventional biofuels by 2030, focusing primarily on oil-crop based that are associated with
higher ILUC impacts. In addition, the minimum GHG saving requirement would promote
optimal carbon performance of new biofuel installations.
In its Strategy on Low Emission Mobility the Commission indicated that food-based biofuels
have a limited role in decarbonising the transport sector due to the concern about their real
contribution to the decarbonisation of the transport sector. In the proposal for the ILUC
directive, a precautionary approach was proposed and accepted by the co-legislators limiting
the contribution of food-based biofuels to no more 7% by 2020. The regulatory uncertainty
surrounding the preparation and negotiation of the ILUC Directive discouraged new
investments in this sector beyond what was already in place.
A progressive reduction of food based biofuels and their replacement by more advanced
biofuels will realise the potential for decarbonising the transport sector. However, in
determining the progression of the reduction of conventional biofuels, it is important not to
retrospectively undermine the business models incentivised by the existing directive.
Therefore the proposed trajectory progressively reducing the share of conventional biofuels
aims at avoiding stranded assets and unintended job losses, whilst taking into account the
important past investments realised so far, and is also in line with a realistic rollout of
advanced biofuels in the market. The exact path of the gradual reduction trajectory set out in
this Proposal reflects an informed political assessment of what would constitute a balanced
approach to stability of investments and the reduction of greenhouse gas emissions in
transport.
(iv) Options to empower and inform consumers of renewable energy:
a) Empowering consumers to generate self-consume and store renewable electricity: (1) EU
guidance on self-consumption; (2) empowering citizens to self-consume and store renewable
electricity; (3) a distance self-consumption for municipalities.
Option 2 is preferred for this proposal as it maximises consumer's empowerment and their
potential participation, mitigates grid deployment costs and grid costs distributional issues and
enhances the contribution of rooftop solar PV to the renewable energy target.
This option is also proportionate (as it does not open a universal right to self-consume) and
respects subsidiarity (as it does not pre-empt on the freedom of Member State to support a
specific technology, but only creates the right enabling framework for the roll-out of
decentralised renewables production).
b) Disclose information for renewable electricity: (1) consolidating the Guarantees of Origin
(GO) system; (2) Building on option 1 making GOs mandatory for disclosure; (3) Building on
option 2 extending GOs to all sources of electricity generation.
A combination of Option 1 and Option 2 is preferred for this Proposal, to consolidate the
system and make the use of GOs mandatory for disclosure of renewable electricity. This
strikes a good balance and allows to increase transparency and trust in the system while
avoiding the additional administrative costs that would result from extending the system to all
sources of generation.
This option is also proportionate as it does not entail an excessive administrative burden for
the management of the system (especially for small scale producers). It also and respects

EN

17

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subsidiarity as it allows Member States to choose their preferred method of managing the
system.
c) Tracing renewable fuels used in heating and cooling and transport: (1) extended GOs to
renewable gaseous fuels; (2) extended GOs to renewable liquid and gaseous fuels; (3) the
development of alternative tracking system for renewable liquid and gaseous fuels.
Option 1 for gaseous fuels and Options 3 for liquid fuels are preferred for this Proposal. This
allows to bring benefits in terms of a more robust tracking of renewable fuels to the benefit of
consumers and reduce risks of fraud especially in relation to liquid biofuels. In addition, cross
border trade in renewable fuels should also be facilitated with such systems. Lastly, Option 3
looks preferable to Option 2 for the liquid fuels since it fits better with the current
administrative systems already in place for tracking the sustainability of these fuels.
This option is also proportionate (as it builds upon existing systems in place for biofuels, and
supports the simplest method to facilitate cross-border trade for renewable gaseous fuels) and
respects subsidiarity (as it is complementary with existing registration schemes for renewable
liquid and gaseous fuels at a national level).
(v) Options to ensure the achievement of at least 27% renewable energy in 2030:
a) 2020 national targets: 2020 national targets as basis vs. baseline.
Option 1, i.e. to ensure that 2020 targets act as a baseline post-2020 was preferred for this
Proposal. The option of keeping the 2020 target provides a backstop and should require no
additional effort assuming Member States achieve that target in the first place.
This option is also proportionate (as it should require no additional effort assuming Member
States achieve that target in the first place) and respects subsidiarity (as it is only a
prolongation in time of targets already agreed by Member States).
It is important to note that all other options related to the achievement of the at least 27%
renewable energy in 2030 are addressed in the Energy Union Governance Regulation while
the obligation to meet the at least 27% target on the EU remains enshrined in the Proposal.
b) Trajectory: Linear Vs. Non-linear.
Option 1, which involves setting a linear trajectory from the 2020 target to 2030, was
preferred for this Proposal. It provides more certainty and should help reduce the costs and
avoid risks associated with achieving the 2030 target.
This option is also proportionate (as it has limited impact on cost of deployment now that
technology learnings have been largely reaped for the most mature technologies) and respects
subsidiarity (this is simply a modality for measuring progress against the EU-level target
decided by Member States).
c) Mechanisms to avoid an ambition gap to the EU renewable energy target: (1) to revise
ambition of national plans; (2) include review clause to propose additional EU level delivery
mechanisms at a later stage if needed; (3) to increase the ambition of EU wide measures; (4)
to introduce binding national targets.
A combination of Options 1 and 2, relying on the governance process to deliver the at least
27% target and then a review clause to consider proposing additional EU-wide measures, was
preferred for the Proposal on the Energy Union Governance. The other options are not
considered politically feasible and may not be possible to agree on without prejudging the
next mid-term budgetary framework.

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This approach is also proportionate (as it does not automatically trigger any additional
measures that require funding at the EU-level) and respects subsidiarity (as it leaves the
choice to Member States for delivering additional efforts).
d) Mechanisms to avoid and fill a delivery gap: (1) to revise national plans; (2) include review
clause to propose additional EU level delivery mechanisms at a later stage if needed; (3)
increasing the ambition of EU wide measures; (4) to introduce binding national targets.
A variant of Option 3 was preferred for the proposal on the Energy Union governance, as it is
considered most feasible means of correcting any gap in delivery. This would be supported by
Option 1 (revise the delivery of national plans) which should also come into effect with the
Energy Union governance process.
This option is also proportionate (as it does not trigger any additional measures that require
funding at the EU-level) and respects subsidiarity (as it leaves the choice to Member States
for delivering additional efforts).
(vi) Options to strengthen the EU sustainability framework for bioenergy:
In addition, an impact assessment on the sustainability of bioenergy examined options for the
sustainability of biomass used for heat and power: (1) Baseline scenario: relying on other
elements of the 2030 climate and energy framework as well as on national policies to ensure
the sustainability of biomass used for heat and power; (2) Extend existing sustainability and
greenhouse gas saving criteria for biofuels in transport to encompass solid and gaseous
biomass in heat and electricity; (3) Building on option 2, further develop sustainability
requirements for forest biomass alongside a requirement to include LULUCF emissions in
national commitments under the Paris agreement; (4) Building on either option 2 or 3, include
an energy efficiency requirement for heat and power installations; (5) Building on either
option 2 or 3 include a cap on the use of certain feedstocks (e.g. roundwood) for energy
production.
Option 3 was preferred for this Proposal as it is considered the most cost-effective approach
to continue ensuring that bioenergy use in the EU post-2020 delivers optimal GHG savings
while minimizing the risks of adverse environmental impacts associated to increased forest
biomass harvesting. This option respects subsidiarity because, building on risk-based
approach, it relies firstly on the national laws and standards for demonstrating sustainable
production of forest biomass for energy use. It is also proportionate because it applies only on
large-scale generators of biomass heat and power.
3.5.

Models used

The Proposal builds on policy options assessed vis-á-vis the outcomes of energy-system
modelling scenarios. More specifically, the starting point used in the impact assessment
accompanying the Proposal is the EU Reference Scenario 2016 (REF2016), which provides
2030 energy-system projections, based on current trends and policies.
3.5.1. The baseline scenarios
Building on the REF2016 and the EUCO27 (see below in 3.5.2.), specific baseline scenarios
have then been used, which highlight the expected implications of the continuation of current
policies and practices on the developments in the specific sectors subject to policy
interventions, assuming that all other sectors and policies are in line with the central policy
scenario.
3.5.2. The policy scenarios

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A central policy scenario built for the impact assessments accompanying the proposal for a
revision of the Energy Efficiency Directive and the proposal on the Effort Sharing Regulation,
was also used. This scenario (called "EUCO27") projects the expected developments across
sectors to reach the 2030 targets and help identify the scale of the economic, social and
environmental challenges to cost-effectively reach an at least 27% renewable energy share.
This approach, building on a common policy scenario and then focusing on 'one issue at a
time', was deemed the only operational way to assess the impacts of specific policy options in
the general context of various far-reaching initiatives put forward by the Commission as part
of the 2016 Energy Union initiatives.
3.5.3. Model used
The model suite used for assessing the policy options underpinning the Proposal is the same
model suite as used for the 2020 climate and energy package as well as for the 2030 climate
and energy policy framework.
The model suite includes models (PRIMES, PRIMES- TAPEM & PRIMES-TREMOVE,
PRIMES Biomass Supply, GAINS, GLOBIOM-G4M, Prometheus and CAPRI) linked with
each other in formally-defined ways to ensure consistency in the building of scenarios. These
inter-linkages are necessary to provide the core of the analysis, which are energy, transport
and GHG emissions trends, covering the following:
•

The entire energy system (energy demand, supply, prices and investments to
the future) and all GHG emissions and removals:

•

Time horizon: 1990 to 2050 (5-year time steps)

•

Geography: individually all EU Member States, EU candidate countries and,
where relevant Norway, Switzerland and Bosnia and Herzegovina

•

Impacts: on energy, transport and industry (PRIMES), agriculture, forestry and
land use (GLOBIOM-G4M), atmospheric dispersion, health and ecosystems
(acidification, eutrophication) (GAINS); macro-economy with multiple sectors,
employment and social welfare.

The Impact Assessment on bioenergy sustainability uses EUCO27 as a baseline scenario, and
assesses the policy options with the two following modelling tools:

4.

•

GLOBIOM (global economic land use model) and G4M (forestry sector
model), which gives projections on commodity prices, land impacts, and
greenhouse gas emissions from the land use, land use change and forestry
sector.

•

Green-X (EU renewable energy model), combined with ArcGIS Network
(geospatial model for biomass transport chains) and MULTIREG (input-output
model), which models the breakdown of renewable energy sources and
bioenergy feedstocks as well as greenhouse gas emissions from the energy
sector, and economic and social impacts such as gross value added, investment,
and jobs.

BUDGETARY IMPLICATIONS

The Proposal recasts the Renewable Energy Directive and the new measures set forth in
Articles 23 and 25 are expected to bring limited additional budgetary and administrative
consequences for the public authorities of Member States in terms of administrative structures
to be put in place. In most of the cases the costs associated with the measures are passed on to

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final consumers, whom in turn will profit from the benefits of decarbonisation. The Proposal
has no implication for the Union budget.
5.

DETAILED EXPLANATION OF THE SPECIFIC PROVISIONS OF THE PROPOSAL

The main provisions which substantially change Directive 2009/28/EC or add new elements
are the following:
Article 1 indicates the scope of this Proposal mentioning new elements for the period after
2020 such as the overall EU binding target, renewable self-consumption, improved biofuels,
bioliquids and biomass fuels sustainability and greenhouse gas emissions saving criteria.
Article 2 introduces new specific definitions, in the light of the amendments carried out to the
Renewable Energy Directive.
Article 3 sets out the 2030 EU target. It establishes the 2020 national targets as baseline (i.e.
Member States cannot go below the 2020 national targets from 2021 onwards). It also
includes a reference to the mechanism to ensure that this baseline is maintained and to avoid
the emergence of a gap in target achievement, both as set out under the Governance
Regulation. Furthermore, it deletes the 10% RES-T target after 2020.
Article 4 lays down the general principles that Member States may apply when designing
cost-effective support schemes to facilitate a market-oriented and Europeanised approach,
subject to State aid rules.
Article 5 establishes a gradual and partial opening of support schemes to cross-border
participation in the electricity sector.
Article 6 ensures that the level of, and the conditions attached to, the support granted to
renewable energy projects, when Member States opt to do so, are not revised in a way that
negatively impact supported projects.
Article 7, which regulates how to calculate the share of energy from renewable sources,
includes a decreasing maximum share of biofuels and bioliquids produced from food or feed
crops starting from 2021, with the aim to address ILUC emissions. Member States may set a
lower limit and may distinguish between different types of biofuels and bioliquids produced
from food and feed crops, for instance by setting a lower limit for the contribution from
biofuels produced from oil crops, taking into account indirect land use change.
Article 15 includes a new calculation methodology (anchored on the Energy Performance of
Buildings Directive) of minimum levels of energy from renewable sources in new and
existing buildings that are subject to renovation.
Article 16 establishes a permit granting process for renewable energy projects with one
designated authority ("one-stop-shop") and a maximum time limit for the permit granting
process.
Article 17 introduces a simple notification to Distribution System Operators for small scale
projects and a specific provision on accelerating permit granting process for repowering
existing renewable plants;
Article 19 includes some modifications to the guarantees of origin system (i) to extend the
guarantees of origin (GOs) system to renewable gas; (ii) to make the issuance of GOs for
heating and cooling mandatory upon a producer's request; (iii) to make the use of GOs
mandatory for RES-E and renewable gas disclosure; (iv) to enable the issuance of GOs to
supported RES-E allocated through auctioning, with revenues raised to be used to offset the

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costs of renewable support; and (v) to improve the administrative procedures through the
application of the CEN standard.
Article 21 empowers consumers by enabling them to self-consume without undue restrictions,
being remunerated for the electricity they feed into the grid.
Article 22 sets forth new provisions on energy communities to empower them to participate in
the market.
Article 23 aims to exploit the renewables potential in the heating and cooling sector, ensuring
a cost-efficient contribution of the sector to target achievement, and to create a larger market
for RES-H&C across the EU. Accordingly, Member States will endeavour to achieve an
annual increase of 1% in the share of renewable energy in the heating and cooling supply.
Member States will decide how to implement it.
Article 24 empowers energy consumers by providing them information of district heating
energy performance, and enabling them to stop buying heat/cold from a district
heating/cooling system at building level if the consumers, or a party on their behalf, can
achieve a significantly better energy performance by measures taken at building level. It also
opens local heating and cooling systems for producers of renewables heating and cooling and
waste heat or cold and third parties acting on their behalf.
Article 25 establishes a EU-level obligation for fuel suppliers to provide a certain share (6.8%
in 2030) of low-emission and renewable fuels (including renewable electricity and advanced
biofuels), in order to stimulate decarbonisation and energy diversification and to ensure a
cost-efficient contribution of the sector to the overall target achievement. ILUC issues are
addressed through Article 7 which introduces a decreasing maximum share of biofuels and
bioliquids produced from food or feed crops starting from 2021. The switch to advanced
biofuels is promoted by a specific sub-mandate, increasing yearly their contribution to reach
at least 3.6% by 2030. Finally, the article includes a provision providing for the introduction
of national databases that ensures traceability of the fuels and mitigate the risk of fraud.
Article 26 reinforces the existing EU sustainability criteria for bioenergy, including by
extending their scope to cover biomass and biogas for heating and cooling and electricity
generation. The sustainability criterion applying to agricultural biomass is streamlined in
order to reduce the administrative burden. The new text also makes the criterion for peatland
protection stricter, but easier to verify. A new risk-based sustainability criterion for forest
biomass is introduced, as well as LULUCF requirement for ensuring proper carbon
accounting of carbon impacts of forest biomass used in energy generation. In addition, the
GHG saving performance requirement applying to biofuels is increased to 70% for new plants
and an 80% saving requirement is applied to biomass-based heating/cooling and electricity.
To avoid excessive administrative burden, the EU sustainability and greenhouse gas saving
criteria do not apply to small biomass-based heating/cooling and electricity installations, with
a fuel capacity below 20 MW. Annex V includes updated default values for biofuels and
bioliquids, and a new Annex VI is added to include a common greenhouse gas accounting
methodology for biomass fuels for heat and power, including default values.
Article 27 brings a clarification on the mass balance system and adapt it to cover biogas codigestion and injection of biomethane in the natural gas grid. The amended article includes
the obligatory recognition of evidence from national schemes of other Member States that
have been verified by the Commission. To streamline the EU sustainability criteria, it deletes
a number of non-operational provisions, including the possibility to establish bilateral
agreements with third countries, and the possibility for the Commission to recognise areas for
the protection of rare, threatened or endangered ecosystems or species recognised by

EN

22

EN

international agreements or included in lists drawn up by intergovernmental organisations or
the International Union for the Conservation of Nature. Furthermore it clarifies the legal basis
allowing the Commission to specify the auditing approaches to be applied by the voluntary
schemes, with stronger focus on limiting administrative burden. Finally, it enhances the
involvement of Member States in the governance of voluntary schemes by allowing checks of
certification bodies.
Article 28 includes a legal basis allowing the Commission to update the GHG calculation
methodology. It also clarifies the future use of Member States reports on average cultivation
emissions.
Articles 3, 4, 16 (1-8), 22 and 23, 24 and 26 of the Directive 2009/28/EC will be repealed by
this proposal. Articles 6, 7, 8, 9, 10, 11, 12, 14, 25, 25a, 27, 28, 29 of Directive 2009/28/EC
(Articles 8, 9, 10, 11, 12, 13, 14, 18, 31, 32, 33, 35 and 36 of this proposal) are slightly
revised (e.g. technicalities or adaptions to new amendments and provisions) or just
renumbered.
6.

ADDITIONAL INFORMATION

•

Simplification and regulatory fitness

The EU-level 2030 target setting offers an opportunity to implement a holistic approach to
deployment of renewable energy. This entails a single overarching renewable energy target of
at least 27% for the Union by 2030, without the need to keep a specific sub-target for RES-T.
Moreover, the Proposal includes measures across the three sectors of renewable energies,
strengthening visibility for investments in renewable energy, enhancing the general regulatory
framework and exploiting the potential of all sectors in contributing to the collective effort to
reach the 2030 target.
The calculation of the final consumption of energy from renewable sources in transport is
moved to Article 7 to make it consistent with the calculation of the final consumption of
energy from renewable sources in electricity and heating and cooling.
Measures streamlining the current framework for support to renewable electricity (e.g. Article
4 of the Proposal) and addressing cross cutting issues (e.g. administrative barriers in Articles
15, 16 and 17 of the Proposal) are included.
•

Repeal of existing legislation

The adoption of the Proposal will lead to the repeal of the existing Renewable Energy
Directive as of 1 January 2021.
•

Review/revision/sunset clause

The Proposal includes a general review clause in Article 30.
•

Recasting

This explanatory memorandum accompanies a Proposal for recasting the Renewable Energy
Directive. This specific approach has been adopted because recasting involves new
substantive changes, while some provisions of the earlier act remain unchanged.
•

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 the Directive.

EN

23

EN

Given the large scope of this Proposal and the number of legal obligations it establishes, this
correlation table is necessary so that the Commission can appropriately carry out its tasks of
overseeing the transposition of the Directive
•

European Economic Area (EEA)

The proposed act concerns an EEA matter and should therefore extend to the European
Economic Area.

EN

24

EN

2009/28/EC (adapted)
new
2016/0382 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the promotion of the use of energy from renewable sources (recast)
(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community ⌦ on the Functioning of
the European Union ⌫, and in particular Article 175(1) 194(2)  thereof, and Article 95
thereof in relation to Articles 17, 18 and 19 of this Directive,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee10,
Having regard to the opinion of the Committee of the Regions11,
Acting in accordance with the ⌦ ordinary legislative ⌫ procedure laid down in Article 251
of the Treaty12,
Whereas:

new
(1)

Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009
on the promotion of the use of energy from renewable sources and amending and
subsequently repealing Directives 2001/77/EC and 2003/30/EC13 has been
substantially amended several times14. Since further amendments are to be made, that
Directive should be recast in the interests of clarity.

10

Opinion of 17 September 2008 (OJ C 77, 31.3.2009, p. 43).
OJ C 325, 19.12.2008, p. 12.
Opinion of the European Parliament of 17 December 2008 (not yet published in the Official Journal)
and Council Decision of 6 April 2009.
OJ L 140, 5.6.2009, p. 16–62.
See part A of Annex XI.

11
12
13
14

EN

25

EN

2009/28/EC Recital 1 (adapted)
new
(2)

Promoting renewable forms of energy is one of the goals of the Union energy
policy.  The control of European energy consumption and the The increased use of
energy from renewable sources, together with energy savings and increased energy
efficiency, constitute ⌦ constitutes an ⌫ important parts of the package of measures
needed to reduce greenhouse gas emissions and comply with the Kyoto Protocol to the
United Nations Framework Convention ⌦ the 2015 Paris Agreement ⌫ on Climate
Change, and with further Community and international greenhouse gas emission
reduction commitments beyond 2012 ⌦ the Union 2030 energy and climate
framework, including the binding target to cut emissions in the Union by at least 40%
below 1990 levels by 2030 ⌫ . Those factors also have ⌦ It also has ⌫ an
important part to play in promoting the security of energy supply, promoting
technological development and innovation and providing opportunities for
employment and regional development, especially in rural and isolated areas
or
regions with low population density  .
2009/28/EC Recital 2 (adapted)
new

(3)

In particular, increasing technological improvements, incentives for the use and
expansion of public transport, the use of energy efficiency technologies and ⌦ the
promotion of ⌫ the use of energy from renewable sources
in the electricity,
heating and cooling sectors as well as  in ⌦ the ⌫ transport ⌦ sector ⌫ are
some of the most ⌦ very ⌫ effective tools
, together with energy efficiency
measures , ⌦ for reducing ⌫ by which the Community can reduce its
greenhouse gas emissions in the Union and  its ⌦ the Union's ⌫ dependence
on imported gas and  oil in the transport sector, in which the security of energy
supply problem is most acute, and influence the fuel market for transport.
new

EN

(4)

Directive 2009/28/EC established a regulatory framework for the promotion of the use
of energy from renewable sources which set binding national targets on the share of
renewable energy sources in energy consumption and transport to be met by 2020.
Commission Communication of 22 of January 201415 established a framework for
future Union energy and climate policies and promoted common understanding of
how to develop those policies after 2020. The Commission proposed that the Union
2030 target for the share of renewable energy consumed in the Union should be at
least 27%.

(5)

The European Council of October 2014 endorsed that target, indicating that Member
States may set their own more ambitious national targets.

(6)

The European Parliament, in its Resolutions on "A policy framework for climate and
energy in the period from 2020 to 2030" and on "the Renewable energy progress
report", has favoured a binding Union 2030 target of at least 30% of total final energy
consumption from renewable energy sources, stressing that that target should be

15

"A policy framework for climate and energy in the period from 2020 to 2030" (COM/2014/015 final).

26

EN

implemented by means of individual national targets taking into account the individual
situation and potential of each Member State.
(7)

It is thus appropriate to establish a Union binding target of at least 27% share of
renewable energy. Member States should define their contribution to the achievement
of this target as part of their Integrated National Energy and Climate Plans through the
governance process set out in Regulation [Governance].

(8)

The establishment of a Union binding renewable energy target for 2030 would
continue to encourage the development of technologies which generate renewable
energy and provide certainty for investors. A target defined at the Union level would
leave greater flexibility for Member States to meet their greenhouse gas reduction
targets in the most cost-effective manner in accordance with their specific
circumstances, energy mixes and capacities to produce renewable energy.

(9)

The national targets set for 2020 should constitute Member States' minimum
contribution to the new 2030 framework. Under no circumstances the national share of
renewables should fall below such contribution and, in case this happens, the relevant
Member States should take the appropriate measures to ensure that this baseline is
maintained as well as contribute to the financial instrument referred to in Regulation
[Governance].

(10)

Member States should take additional measures in the event that the share of
renewables at the Union level does not meet the Union trajectory towards the at least
27% renewable energy target. As set out in Regulation [Governance], if an ambition
gap is identified by the Commission during the assessment of the Integrated National
Energy and Climate Plans, the Commission may take measures at Union level in order
to ensure the achievement of the target. If a delivery gap is identified by the
Commission during the assessment of the Integrated National Energy and Climate
Progress Reports, Member States should apply the measures set out in Regulation
[Governance], which are giving them enough flexibility to choose.

(11)

In order to support Member States' ambitious contributions to the Union target, a
financial framework aiming to facilitate investments in renewable energy projects in
those Member States should be established, also through the use of financial
instruments.

(12)

The Commission should focus the allocation of funds on the reduction of the cost of
capital of renewables projects, which has a material impact on the cost of renewable
energy projects and on their competitiveness.

(13)

The Commission should facilitate the exchange of best practices between the
competent national or regional authorities or bodies, for instance through regular
meetings to find a common approach to promote a higher uptake of cost-efficient
renewable energy projects, encourage investments in new, flexible and clean
technologies, and set out an adequate strategy to manage the retirement of
technologies which do not contribute to the reduction of emissions or deliver sufficient
flexibility, based on transparent criteria and reliable market price signals.
2009/28/EC Recital 7 (adapted)
new

(14)

EN

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

27

EN

internal electricity market16 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
renewable fuels for transport17,
and Regulation (EC) 1099/2008 of the European
18
Parliament and of the Council  established definitions for different types of energy
from renewable sources. Directive 2003/54/EC XXXX/XX/EU of the European
Parliament and of the Council of 26 June 2003XX concerning common rules for the
internal market in electricity ⌦ 19 ⌫ established definitions for the electricity sector
in general. In the interests of legal certainty and clarity it is appropriate to use
⌦ those ⌫ the same or similar definitions in this Directive.
new
(15)

Support schemes for electricity generated from renewable sources have proved to be
an effective way of fostering deployment of renewable electricity. If and when
Member States decide to implement support schemes, such support should be provided
in a form that is as non-distortive as possible for the functioning of electricity markets.
To this end, an increasing number of Member States allocate support in a form where
support is granted in addition to market revenues.

(16)

Electricity generation from renewable sources should be deployed at the lowest
possible cost for consumers and taxpayers. When designing support schemes and
when allocating support, Member States should seek to minimise the overall system
cost of deployment, taking full account of grid and system development needs, the
resulting energy mix, and the long term potential of technologies.

(17)

The opening of support schemes to cross-border participation limits negative impacts
on the internal energy market and can, under certain conditions, help Member States
achieve the Union target more cost-efficiently. Cross-border participation is also the
natural corollary to the development of the Union renewables policy, with a Unionlevel binding target replacing national binding targets. It is therefore appropriate to
require Member States to progressively and partially open support to projects located
in other Member States, and define several ways in which such progressive opening
may be implemented, ensuring compliance with the provisions of the Treaty, including
Articles 30, 34 and 110.

(18)

Without prejudice to adaptations of support schemes to bring them in line with State
aid rules, renewables support policies should be stable and avoid frequent changes.
Such changes have a direct impact on capital financing costs, the costs of project
development and therefore on the overall cost of deploying renewables in the Union.
Member States should prevent the revision of any support granted to renewable energy
projects from having a negative impact on their economic viability. In this context,
Member States should promote cost-effective support policies and ensure their
financial sustainability.

(19)

Member States' obligations to draft renewable energy action plans and progress reports
and the Commission's obligation to report on Member States' progress are essential in
order to increase transparency, provide clarity to investors and consumers and allow

16

OJ L 283, 27.10.2001, p. 33.
OJ L 123, 17.5.2003, p. 42.
Regulation (EC) 1099/2008 of the European Parliament and of the Council of 22 October 2008 on
energy statistics (OJ L…)
⌦ Directive XXXX/XX/EU of the European Parliament and of the Council of … concerning common
rules for the internal market in electricity (OJ L…) ⌫

17
18
19

EN

28

EN

for effective monitoring. Regulation [Governance] integrates those obligations in the
Energy Union governance system, where planning, reporting and monitoring
obligations in the energy and climate fields are streamlined. The transparency platform
on renewable energy is also integrated in the broader e-platform established in
Regulation [Governance].
2009/28/EC Recital 11
(adapted)
(20)

It is necessary to set transparent and unambiguous rules for calculating the share of
energy from renewable sources and for defining those sources. In this context, the
energy present in oceans and other water bodies in the form of waves, marine currents,
tides, ocean thermal energy gradients or salinity gradients should be included.
2009/28/EC Recital 5

In order to reduce greenhouse gas emissions within the Community and reduce its dependence
on energy imports, the development of energy from renewable sources should be closely
linked to increased energy efficiency.
2009/28/EC Recital 8
The Commission communication of 10 January 2007 entitled ‘Renewable Energy Roadmap
— Renewable energies in the 21st century: building a more sustainable future’ demonstrated
that a 20 % target for the overall share of energy from renewable sources and a 10 % target
for energy from renewable sources 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, sustainable investments in
the renewable energy sector which are capable of reducing dependence on imported fossil
fuels and boosting the use of new energy technologies. Those targets exist in the context of
the 20 % improvement in energy efficiency by 2020 set out in the Commission
communication of 19 October 2006 entitled ‘Action Plan for Energy Efficiency: Realising the
Potential’, which was endorsed by the European Council of March 2007, and by the European
Parliament in its resolution of 31 January 2008 on that Action Plan.
2009/28/EC Recital 9
The European Council of March 2007 reaffirmed the Community’s commitment to the
Community-wide development of energy from renewable sources beyond 2010. It endorsed a
mandatory target of a 20 % share of energy from renewable sources 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 fuels20 being amended
to allow for adequate levels of blending. The European Council of March 2008 repeated that
it is essential to develop and fulfil effective sustainability criteria for biofuels and ensure the
20

EN

OJ L 350, 28.12.1998, p. 58.

29

EN

commercial availability of second-generation biofuels. The European Council of June 2008
referred again to the sustainability criteria and the development of second-generation biofuels,
and underlined the need to assess the possible impacts of biofuel production on agricultural
food products and to take action, if necessary, to address shortcomings. It also stated that
further assessment should be made of the environmental and social consequences of the
production and consumption of biofuels.
2009/28/EC Recital 10
In its resolution of 25 September 2007 on the Road Map for Renewable Energy in Europe21,
the European Parliament called on the Commission to present, by the end of 2007, a proposal
for a legislative framework for energy from renewable sources, referring to the importance of
setting targets for the shares of energy from renewable sources at Community and Member
State level.
2009/28/EC Recital 12
The use of agricultural material such as manure, slurry and other animal and organic waste for
biogas production has, in view of the high greenhouse gas emission saving potential,
significant environmental advantages in terms of heat and power production and its use as
biofuel. Biogas installations can, as a result of their decentralised nature and the regional
investment structure, contribute significantly to sustainable development in rural areas and
offer farmers new income opportunities.
2009/28/EC Recital 13
In the light of the positions taken by the European Parliament, the Council and the
Commission, it is appropriate to establish mandatory national targets consistent with a 20 %
share of energy from renewable sources and a 10 % share of energy from renewable sources
in transport in Community energy consumption by 2020.
2009/28/EC Recital 14
The main purpose of mandatory national targets is to provide certainty for investors and to
encourage continuous development of technologies which generate energy from all types of
renewable sources. Deferring a decision about whether a target is mandatory until a future
event takes place is thus not appropriate.
2009/28/EC Recital 15
The starting point, the renewable energy potential and the energy mix of each Member State
vary. It is therefore necessary to translate the Community 20 % target into individual targets
for each Member State, with due regard to a fair and adequate allocation taking account of
Member States’ different starting points and potentials, including the existing level of energy
from renewable sources and the 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 GDP, modulated to
reflect their starting points, and by accounting in terms of gross final consumption of energy,
21

EN

OJ C 219 E, 28.8.2008, p. 82.

30

EN

with account being taken of Member States’ past efforts with regard to the use of energy from
renewable sources.
2009/28/EC Recital 16
By contrast, it is appropriate for the 10 % target for energy from renewable sources 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
biofuels from elsewhere. While it would technically be possible for the Community to meet
its target for the use of energy from renewable sources in transport 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, inter alia, the development of multilateral and bilateral trade
negotiations, environmental, social and economic considerations, and the security of energy
supply.
2009/28/EC Recital 17
The improvement of energy efficiency is a key objective of the Community, and the aim is to
achieve a 20 % improvement in energy efficiency by 2020. That aim, together with existing
and future legislation including Directive 2002/91/EC of the European Parliament and of the
Council of 16 December 2002 on the energy performance of buildings22, Directive
2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a
framework for the setting of ecodesign requirements for energy-using products23, and
Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on
energy end-use efficiency and energy services24, has a critical role to play in ensuring that the
climate and energy objectives are being achieved at least cost, and can also provide new
opportunities for the European Union’s economy. Energy efficiency and energy saving
policies are some of the most effective methods by which Member States can increase the
percentage share of energy from renewable sources, and Member States will thus more easily
achieve the overall national and transport targets for energy from renewable sources laid
down by this Directive.
2009/28/EC Recital 18
It will be incumbent upon Member States to make significant improvements in energy
efficiency in all sectors in order more easily to achieve their targets for energy from
renewable sources, which are expressed as a percentage of gross final consumption of energy.
The need for energy efficiency in the transport sector is imperative because a mandatory
percentage target for energy from renewable sources is likely to become increasingly difficult
to achieve sustainably if overall demand for energy for transport continues to rise. The
mandatory 10 % target for transport to be achieved by all Member States should therefore be

22
23
24

EN

OJ L 1, 4.1.2003, p. 65.
OJ L 191, 22.7.2005, p. 29.
OJ L 114, 27.4.2006, p. 64.

31

EN

defined as that share of final energy consumed in transport which is to be achieved from
renewable sources as a whole, and not from biofuels alone.
2009/28/EC Recital 19
To ensure that the mandatory national overall targets are achieved, Member States should
work towards an indicative trajectory tracing a path towards the achievement of their final
mandatory targets. They should establish a national renewable energy action plan including
information on sectoral targets, while having in mind that there are different uses of biomass
and therefore it is essential to mobilise new biomass resources. In addition, Member States
should set out measures to achieve those targets. Each Member State should assess, when
evaluating its expected gross final consumption of energy in its national renewable energy
action plan, the contribution which energy efficiency and energy saving measures can make to
achieving its national targets. Member States should take into account the optimal
combination of energy efficiency technologies with energy from renewable sources.
2009/28/EC Recital 20
To permit the benefits of technological progress 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 the future. Thus special attention can be given to sectors
that suffer disproportionately from the absence of technological progress and economies of
scale and therefore remain under-developed, but which, in future, could significantly
contribute to reaching the targets for 2020.
2009/28/EC Recital 21
The indicative trajectory should take 2005 as its starting point because that is the latest year
for which reliable data on national shares of energy from renewable sources are available.
2009/28/EC Recital 23
Member States may encourage local and regional authorities to set targets in excess of
national targets and to involve local and regional authorities in drawing up national renewable
energy action plans and in raising awareness of the benefits of energy from renewable
sources.
2009/28/EC Recital 24
In order to exploit the full potential of biomass, the Community and the Member States
should promote greater mobilisation of existing timber reserves and the development of new
forestry systems.
2009/28/EC Recital 25
Member States have different renewable energy potentials and operate different schemes of
support for energy from renewable sources at the national level. The majority of Member
States apply support schemes that grant benefits solely to energy from renewable sources that
is produced on their territory. For the proper functioning of national support schemes it is vital

EN

32

EN

that Member States can control the effect and costs of their national support schemes
according to their different potentials. One important means to achieve the aim of this
Directive is to guarantee the proper functioning of national support schemes, as under
Directive 2001/77/EC, in order to maintain investor confidence and allow Member States to
design effective national measures for target compliance. This Directive aims at facilitating
cross-border support of energy from renewable sources without affecting national support
schemes. It introduces optional cooperation mechanisms between Member States which
allow them to agree on the extent to which one Member State supports the energy production
in another and on the extent to which the energy production from renewable sources should
count towards the national overall target of one or the other. In order to ensure the
effectiveness of both measures of target compliance, i.e. national support schemes and
cooperation mechanisms, it is essential that Member States are able to determine if and to
what extent their national support schemes apply to energy from renewable sources produced
in other Member States and to agree on this by applying the cooperation mechanisms
provided for in this Directive.
2009/28/EC Recital 26
It is desirable that energy prices reflect external costs of energy production and consumption,
including, as appropriate, environmental, social and healthcare costs.
2009/28/EC Recital 27
Public support is necessary to reach the Community’s objectives with regard to the expansion
of electricity produced from renewable energy sources, in particular for as long as electricity
prices in the internal market do not reflect the full environmental and social costs and benefits
of energy sources used.
2009/28/EC Recital 28
The Community and the Member States should strive to reduce total consumption of energy
in transport and increase energy efficiency in transport. The principal means of reducing
consumption of energy in transport include transport planning, support for public transport,
increasing the share of electric cars in production and producing cars which are more energy
efficient and smaller both in size and in engine capacity.
2009/28/EC Recital 29
Member States should aim to diversify the mix of energy from renewable sources in all
transport sectors. The Commission should present a report to the European Parliament and the
Council by 1 June 2015 outlining the potential for increasing the use of energy from
renewable sources in each transport sector.
2009/28/EC Recital 30
(21)

EN

In calculating the contribution of hydropower and wind power for the purposes of this
Directive, the effects of climatic variation should be smoothed through the use of a
normalisation rule. Further, electricity produced in pumped storage units from water
that has previously been pumped uphill should not be considered to be electricity
produced from renewable energy sources.

33

EN

2009/28/EC Recital 31
(22)

Heat pumps enabling the use of aerothermal, geothermal or hydrothermal heat at a
useful temperature level need electricity or other auxiliary energy to function. The
energy used to drive heat pumps should therefore be deducted from the total usable
heat. Only heat pumps with an output that significantly exceeds the primary energy
needed to drive it should be taken into account.
2009/28/EC Recital 32

(23)

Passive energy systems use building design to harness energy. This is considered to be
saved energy. To avoid double counting, energy harnessed in this way should not be
taken into account for the purposes of this Directive.
2009/28/EC Recital 33
(adapted)

(24)

Some Member States have a large share of aviation in their gross final consumption of
energy. In view of the current technological and regulatory constraints that prevent the
commercial use of biofuels in aviation, it is appropriate to provide a partial exemption
for such Member States, by excluding from the calculation of their gross final
consumption of energy in national air transport, the amount by which they exceed oneand-a-half times the Community ⌦ Union ⌫ average gross final consumption of
energy in aviation in 2005, as assessed by Eurostat, i.e. 6,18 %. Cyprus and Malta, due
to their insular and peripheral character, rely on aviation as a mode of transport, which
is essential for their citizens and their economy. As a result, Cyprus and Malta have a
gross final consumption of energy in national air transport which is disproportionally
high, i.e. more than three times the Community ⌦ Union ⌫ average in 2005, and are
thus disproportionately affected by the current technological and regulatory
constraints. For those Member States it is therefore appropriate to provide that the
exemption should cover the amount by which they exceed the Community
⌦ Union ⌫ average gross final consumption of energy in aviation in 2005 as
assessed by Eurostat, i.e. 4,12 %.
new

(25)

In order to ensure that Annex IX takes into account the principles of the waste
hierarchy established in Directive 2008/98/EC, the Union sustainability criteria, and
the need to ensure that the annex does not create additional demand for land while
promoting the use of wastes and residues, the Commission, when regularly evaluating
the annex, should consider the inclusion of additional feedstocks that do not cause
significant distortive effects on markets for (by-)products, wastes or residues.
2009/28/EC Recital 34

To obtain an energy model that supports energy from renewable sources there is a need to
encourage strategic cooperation between Member States, involving, as appropriate, regions
and local authorities.

EN

34

EN

2009/28/EC Recital 35
Whilst having due regard to the provisions of this Directive, Member States should be
encouraged to pursue all appropriate forms of cooperation in relation to the objectives set out
in this Directive. Such cooperation can take place at all levels, bilaterally or multilaterally.
Apart from the mechanisms with effect on target calculation and target compliance, which are
exclusively provided for in this Directive, namely statistical transfers between Member States,
joint projects and joint support schemes, cooperation can also take the form of, for example,
exchanges of information and best practices, as provided for, in particular, in the transparency
platform established by this Directive, and other voluntary coordination between all types of
support schemes.
2009/28/EC Recital 36
(adapted)
new
(26)

To create opportunities for reducing the cost of achieving ⌦ meeting ⌫ the
⌦ Union ⌫ targets laid down in this Directive and to give flexibility to Member
States to comply with their obligation not to go below their 2020 national targets after
2020  , it is appropriate both to facilitate the consumption in Member States of
energy produced from renewable sources in other Member States, and to enable
Member States to count energy from renewable sources consumed in other Member
States towards their own
renewable energy share  national targets. For this
reason, flexibility measures
cooperation mechanisms  are required, but they
remain under Member States’ control in order not to affect their ability to reach their
national targets
to complement the obligations to open up support to projects
located in other Member States  . Those flexibility measures
mechanisms 
⌦ include ⌫ take the form of statistical transfers, joint projects between Member
States or joint support schemes.
2009/28/EC Recital 35
(adapted)
new

(27)

EN

Whilst having due regard to the provisions of this Directive, Member States should be
encouraged to pursue all appropriate forms of cooperation in relation to the objectives
set out in this Directive. Such cooperation can take place at all levels, bilaterally or
multilaterally. Apart from the mechanisms with effect on target renewable energy
share  calculation and target compliance, which are exclusively provided for in this
Directive, namely statistical transfers between Member States, joint projects and joint
support schemes, cooperation can also take the form of, for example, exchanges of
information and best practices, as provided for, in particular, in the transparency
platform ⌦ e-platform ⌫ established by this Directive,
Regulation
[Governance],  and other voluntary coordination between all types of support
schemes.

35

EN

2009/28/EC Recital 37
(adapted)
new
(28)

It should be possible for imported electricity, produced from renewable energy sources
outside the ⌦ Union ⌫ Community, to count towards Member States’ renewable
energy shares  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 produced by renewable
energy installations that become operational after the entry into force of this Directive
or by the increased capacity of an installation that was refurbished after that date
should be eligible to be counted . In order to guarantee an adequate effect of energy
from renewable sources replacing conventional energy in the Community
⌦ Union ⌫ as well as in third countries it is appropriate to ensure that such imports
can be tracked and accounted for in a reliable way. Agreements with third countries
concerning the organisation of such trade in electricity from renewable energy sources
will be considered. If, by virtue of a decision taken under the Energy Community
Treaty25 to that effect, the contracting parties to that tTreaty become ⌦ are ⌫ bound
by the relevant provisions of this Directive, the measures of cooperation between
Member States provided for in this Directive will ⌦ should ⌫ be applicable to them.
2009/28/EC Recital 38

When Member States undertake joint projects with one or more third countries regarding the
production of electricity from renewable energy sources, it is appropriate that those joint
projects relate only to newly constructed installations or to installations with newly increased
capacity. This will help ensure that the proportion of energy from renewable sources in the
third country’s total energy consumption is not reduced due to the importation of energy from
renewable sources into the Community. In addition, the Member States concerned should
facilitate the domestic use by the third country concerned of part of the production of
electricity by the installations covered by the joint project. Furthermore, the third country
concerned should be encouraged by the Commission and Member States to develop a
renewable energy policy, including ambitious targets.
2009/28/EC Recital 39
Noting that projects of high European interest in third countries, such as the Mediterranean
Solar Plan, may need a long lead-time before being fully interconnected to the territory of the
Community, it is appropriate to facilitate their development by allowing Member States to
take into account in their national targets a limited amount of electricity produced by such
projects during the construction of the interconnection.
2009/28/EC Recital 40
(adapted)

EN

(29)

The procedure used by the administration responsible for supervising the
authorisation, certification and licensing of renewable energy plants should be

25

OJ L 198, 20.7.2006, p. 18.

36

EN

objective, transparent, non-discriminatory and proportionate when applying the rules
to specific projects. In particular, it is appropriate to avoid any unnecessary burden
that could arise by classifying renewable energy projects under installations which
represent a high health risk.
2009/28/EC Recital 42
(30)

For the benefit of rapid deployment of energy from renewable sources and in view of
their overall high sustainable and environmental beneficial quality, Member States
should, when applying administrative rules, planning structures and legislation which
are designed for licensing installations with respect to pollution reduction and control
for industrial plants, for combating air pollution and for the prevention or
minimisation of the discharge of dangerous substances in the environment, take into
account the contribution of renewable energy sources towards meeting environmental
and climate change objectives, in particular when compared to non-renewable energy
installations.
2009/28/EC Recital 43

In order to stimulate the contribution by individual citizens to the objectives set out in this
Directive, the relevant authorities should consider the possibility of replacing authorisations
by simple notifications to the competent body when installing small decentralised devices for
producing energy from renewable sources.
2009/28/EC Recital 44
(adapted)
(31)

The coherence between the objectives of this Directive and the Community’s
⌦ Union's ⌫ other environmental legislation should be ensured. In particular, during
the assessment, planning or licensing procedures for renewable energy installations,
Member States should take account of all Community ⌦ Union ⌫ environmental
legislation and the contribution made by renewable energy sources towards meeting
environmental and climate change objectives, in particular when compared to nonrenewable energy installations.
2009/28/EC Recital 45
(adapted)
new

(32)

National technical specifications and other requirements falling within the scope of
Directive 98/34/EC (EU) 2015/1535 of the European Parliament and of the Council
⌦ 26 ⌫ of 22 June 1998 laying down a procedure for the provision of information in
the field of technical standards and regulations and rules on Information Society
services27 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.

26

Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying
down a procedure for the provision of information in the field of technical regulations and of rules on
Information Society services (OJ L 241, 17.9.2015, p. 1)
OJ L 204, 21.7.1998, p. 37.

27

EN

37

EN

Therefore, support schemes for energy from renewable sources should not prescribe
national technical specifications which deviate from existing Community
⌦ Union ⌫ standards or require the supported equipment or systems to be certified
or tested in a specified location or by a specified entity.
2009/28/EC Recital 46
It is appropriate for Member States to consider mechanisms for the promotion of district
heating and cooling from energy from renewable sources.
2009/28/EC Recital 47
(adapted)
(33)

At national and regional level, rules and obligations for minimum requirements for the
use of energy from renewable sources in new and renovated buildings have led to
considerable increases in the use of energy from renewable sources. Those measures
should be encouraged in a wider Community ⌦ Union ⌫ context, while promoting
the use of more energy-efficient applications of energy from renewable sources
through building regulations and codes.
2009/28/EC Recital 48
(adapted)
new

(34)

It may be appropriate for Member States, iIn order to facilitate and accelerate the
setting of minimum levels for the use of energy from renewable sources in buildings,
to provide that such levels are achieved by incorporating a factor for energy from
renewable sources in meeting minimum energy performance requirements under
Directive 2002/91/EC, relating to a cost-optimal reduction of carbon emissions per
building.
the calculation of those minimum levels in new and existing buildings
subject to major renovation should be consistent with the methodology set out in
Directive 2010/31/EU of the European Parliament and of the Council28. 
new

EN

(35)

To ensure that national measures for developing renewable heating and cooling are
based on comprehensive mapping and analysis of the national renewable and waste
energy potential and provide for increased integration of renewable energy and waste
heat and cold sources, it is appropriate to require that Member States carry out an
assessment of their national potential of renewable energy sources and the use of
waste heat and cold for heating and cooling, in particular to facilitate mainstreaming
renewable energy in heating and cooling installations and promote efficient and
competitive district heating and cooling as defined by Article 2(41) of Directive
2012/27/EU. To ensure consistency with energy efficiency requirements for heating
and cooling and reduce administrative burden this assessment should be included in
the comprehensive assessments carried out and notified in accordance with Article 14
of Directive 2012/27/EU.

28

Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy
performance of buildings (OJ L 153, 18.6.2010, p. 13).

38

EN

2009/28/EC Recital 41
new
(36)

The lack of transparent rules and coordination between the different authorisation
bodies has been shown to hinder the deployment of energy from renewable sources.
The establishment of a single administrative contact point integrating or
coordinating all permit-granting processes should reduce complexity and increase
efficiency and transparency.  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 and associated transmission and distribution network infrastructures
for the production of electricity, heating and cooling or transport fuels from renewable
energy sources. Administrative approval procedures should be streamlined with
transparent timetables 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.
This Directive, in particular the provisions on the organisation and duration of the
permit granting process, should apply without prejudice to international and Union
law, including provisions to protect the environment and human health. 
new

(37)

Lengthy administrative procedures constitute a major administrative barrier and are
costly. The simplification of permit-granting processes, associated with a clear timelimit for the decision to be taken by the respective authorities regarding the
construction of the project should stimulate a more efficient handling of procedures
thus reducing administrative costs.

(38)

Another barrier to the cost-effective deployment of renewables is the lack of
predictability by investors over the expected deployment of support by Member States.
In particular, Member States should ensure that investors have sufficient predictability
on the planned use of support by Member States. This allows industry to plan and
develop a supply chain, leading to lower overall cost of deployment.
2009/28/EC Recital 39
(adapted)
new

(39)

EN

In order to stimulate ⌦ facilitate ⌫ the contribution by micro, small and mediumsized enterprises (SMEs) and  individual citizens to the objectives set out in this
Directive, the relevant authorities should consider the possibility of replacing
authorisations should be replaced  by simple notifications to the competent body
when installing small
for small renewable energy projects, including 
decentralised ones such as rooftop solar installations. Given the increasing need for
the repowering of existing renewables plants, accelerated permit granting procedures
should be set out  devices for producing energy from renewable sources.

39

EN

2009/28/EC Recital 49
(40)

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.
2009/28/EC Recital 50

(41)

In so far as the access or pursuit of the profession of installer is a regulated profession,
the preconditions for the recognition of professional qualifications are laid down in
Directive 2005/36/EC of the European Parliament and of the Council of 7 September
2005 on the recognition of professional qualifications29 This Directive therefore
applies without prejudice to Directive 2005/36/EC.
2009/28/EC Recital 51

(42)

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 an optimal combination of renewable
energy sources and high-efficiency technologies in their plans and designs. Member
States should therefore provide clear guidance in this regard. This should be done
without prejudice to the provisions of Directive 2005/36/EC and in particular Articles
46 and 49 thereof.
2009/28/EC Recital 52
(adapted)

(43)

Guarantees of origin issued for the purpose of this Directive have the sole function of
proving ⌦ showing ⌫ to a final customer that a given share or quantity of energy
was produced from renewable sources. A guarantee of origin can be transferred,
independently of the energy to which it relates, from one holder to another. However,
with a view to ensuring that a unit of electricity from renewable energy sources is
disclosed to a customer only once, double counting and double disclosure of
guarantees of origin should be avoided. Energy from renewable sources in relation to
which the accompanying guarantee of origin has been sold separately by the producer
should not be disclosed or sold to the final customer as energy from renewable
sources. It is important to distinguish between green certificates used for support
schemes and guarantees of origin.
2009/28/EC Recital 53
(adapted)
new

EN

(44)

It is appropriate to allow the emerging consumer market for electricity from renewable
energy sources to contribute to the construction development  of new installations
for energy from renewable sources. Member States should therefore be able to require
electricity suppliers who disclose their energy mix to final customers in accordance
with Article X 3(6) of Directive [Market Design]2003/54/EC,
or who market

29

OJ L 255, 30.9.2005, p. 22.

40

EN

energy  to include consumers with  a minimum percentage reference to the
consumption of energy from renewable sources, to use  of guarantees of origin from
recently constructed installations producing energy from renewable sources, provided
that such a requirement is in conformity with Community law.
2009/28/EC Recital 54
(adapted)
new
(45)

It is important to provide information on how the supported electricity is allocated to
final customers in accordance with Article 3(6) of Directive 2003/54/EC. In order to
improve the quality of that information to consumers, in particular as regards the
amount of energy from renewable sources produced by new installations, the
Commission should assess the effectiveness of the measures taken by Member States
Member States should ensure that guarantees of origin are issued for all units of
renewable energy produced. In addition, with a view to avoiding double
compensation, renewable energy producers already receiving financial support should
not receive guarantees of origin. However, those guarantees of origin should be used
for disclosure so that final consumers can receive clear, reliable and adequate evidence
on the renewable origin of the relevant units of energy. Moreover, for electricity that
received support, the guarantees of origin should be auctioned to the market and the
revenues should be used to reduce public subsidies for renewable energy. 
2009/28/EC Recital 55
new

(46)

Directive 2004/8/EC 2012/27/EU of the European Parliament and of the Council of 11
February 2004 on the promotion of cogeneration based on a useful heat demand in the
internal energy market30 provides for guarantees of origin for proving the origin of
electricity produced from high-efficiency cogeneration plants.
However no use is
specified for  Ssuch guarantees of origin cannot , so they should also  be used
when disclosing the use of energy from renewable sources in accordance with Article
3(6) of Directive 2003/54/EC as this might result in double counting and double
disclosure. 2012/27/EC on energy efficiency provides for guarantees of origin for
proving the origin of electricity produced from high-efficiency cogeneration plants.
However no use is specified for such guarantees of origin cannot, so they should also
be used when disclosing the use of energy from renewable sources in accordance with
Article 3(6) of Directive 2003/54/EC as this might result in double counting and
double disclosure high efficiency CHP .
2009/28/EC Recital 56
(adapted)

Guarantees of origin do not by themselves confer a right to benefit from national support
schemes.

30

EN

OJ L 52, 21.2.2004, p. 50.

41

EN

new
(47)

Guarantees of origin, which are currently in place for renewable electricity and
renewable heating and cooling, should be extended to cover renewable gas. This
would provide a consistent means of proving to final customers the origin of
renewable gases such as biomethane and would facilitate greater cross-border trade in
such gases. It would also enable the creation of guarantees of origin for other
renewable gases such as hydrogen.
2009/28/EC Recital 57
(adapted)
new

(48)

There is a need to support the integration of energy from renewable sources into the
transmission and distribution grid and the use of energy storage systems for integrated
intermittent
variable  production of energy from renewable sources,
in
particular as regards the rules regulating dispatch and access to the grid. Directive
[Electricity Market Design] lays down the framework for the integration of electricity
from renewable energy sources. However, this framework does not include provisions
on the integration of gas from renewable energy sources into the gas grid. It is
therefore necessary to keep them in this Directive . 
2009/28/EC Recital 58

The development of renewable energy projects, including renewable energy projects of
European interest under the Trans-European Network for Energy (TEN-E) programme should
be accelerated. To that end, the Commission should also analyse how the financing of such
projects can be improved. Particular attention should be paid to renewable energy projects
that will contribute to a significant increase in security of energy supply in the Community
and neighbouring countries.
2009/28/EC Recital 3 (adapted)
(49)

The opportunities for establishing economic growth through innovation and a
sustainable competitive energy policy have been recognised. Production of energy
from renewable sources often depends on local or regional small and medium-sized
enterprises (SMEs). The opportunities for growth and employment that investments in
regional and local production of energy from renewable sources bring about in the
Member States and their regions are important. The Commission and the Member
States should therefore support national and regional development measures in those
areas, encourage the exchange of best practices in production of energy from
renewable sources between local and regional development initiatives and promote the
use of structural cohesion policy funding in this area.
2009/28/EC Recital 4

(50)

EN

When favouring the development of the market for renewable energy sources, it is
necessary to take into account the positive impact on regional and local development

42

EN

opportunities, export prospects, social cohesion and employment opportunities, in
particular as concerns SMEs and independent energy producers.
new
(51)

The specific situation of the outermost regions is recognised in Article 349 of the
Treaty on the Functioning of the European Union. The energy sector in the outermost
regions is often characterised by isolation, limited supply and dependence on fossil
fuels while these regions benefit from important local renewable sources of energy.
The outermost regions could thus serve as examples of the application of innovative
energy technologies for the Union. It is therefore necessary to promote the uptake of
renewable energy in order to achieve a higher degree of energy autonomy for those
regions and recognise their specific situation in terms of renewable energy potential
and public support needs.
2009/28/EC Recital 6 (adapted)
new

(52)

It is appropriate to support the demonstration and commercialisation phase
allow
for the development  of decentralised renewable energy technologies under nondiscriminatory conditions and without hampering the financing of infrastructure
investments  .The move towards decentralised energy production has many benefits,
including the utilisation of local energy sources, increased local security of energy
supply, shorter transport distances and reduced energy transmission losses. Such
decentralisation also fosters community development and cohesion by providing
income sources and creating jobs locally.
new

EN

(53)

With the growing importance of self-consumption of renewable electricity, there is a
need for a definition of renewable self-consumers and a regulatory framework which
would empower self-consumers to generate, store, consume and sell electricity without
facing disproportionate burdens. Collective self-consumption should be allowed in
certain cases so that citizens living in apartments for example can benefit from
consumer empowerment to the same extent as households in single family homes.

(54)

Local citizen participation in renewable energy projects through renewable energy
communities has resulted in substantial added value in terms of local acceptance of
renewable energy and access to additional private capital. This local involvement will
be all the more crucial in a context of increasing renewable energy capacity in the
future.

(55)

The specific characteristics of local renewable energy communities in terms of size,
ownership structure and the number of projects can hamper their competition on equal
footing with large-scale players, namely competitors with larger projects or portfolios.
Measures to offset those disadvantages include enabling energy communities to
operate in the energy system and easing their market integration.

(56)

Representing around half of the final energy consumption of the Union, heating and
cooling is considered to be a key sector in accelerating the decarbonisation of the
energy system. Moreover, it is also a strategic sector in terms of energy security, as it
is projected that around 40% of the renewable energy consumption by 2030 should

43

EN

come from renewable heating and cooling. The absence of a harmonised strategy at
Union level, the lack of internalisation of external costs and the fragmentation of
heating and cooling markets have led to relatively slow progress in this sector so far.

EN

(57)

Several Member States have implemented measures in the heating and cooling sector
to reach their 2020 renewable energy target. However, in the absence of binding
national targets post-2020, the remaining national incentives may not be sufficient to
reach the long-term decarbonisation goals for 2030 and 2050. In order to be in line
with such goals, reinforce investor certainty and foster the development of a Unionwide renewable heating and cooling market, while respecting the energy efficiency
first principle, it is appropriate to encourage the effort of Member States in the supply
of renewable heating and cooling to contribute to the progressive increase of the share
of renewable energy. Given the fragmented nature of some heating and cooling
markets, it is of utmost importance to ensure flexibility in designing such an effort. It
is also important to ensure that a potential uptake of renewable heating and cooling
does not have detrimental environmental side-effects.

(58)

District heating and cooling currently represents around 10% of the heat demand
across the Union, with large discrepancies between Member States. The Commission's
heating and cooling strategy has recognized the potential for decarbonisation of
district heating through increased energy efficiency and renewable energy deployment.

(59)

The Energy Union strategy also recognized the role of the citizen in the energy
transition, where citizens take ownership of the energy transition, benefit from new
technologies to reduce their bills, and participate actively in the market.

(60)

The potential synergies between an effort to increase the uptake of renewable heating
and cooling and the existing schemes under Directives 2010/31/EU and 2012/27/EU
should be emphasised. Member States should, to the extent possible, have the
possibility to use existing administrative structures to implement such effort, in order
to mitigate the administrative burden.

(61)

In the area of district heating, it is therefore crucial to enable the fuel-switching to
renewables and prevent regulatory and technology lock-in and technology lock-out
through reinforced rights for renewable energy producers and final consumers, and
bring the tools to end-consumers to facilitate their choice between the highest energy
performance solution that take into account future heating and cooling needs in line
with expected building performance criteria.

(62)

The European Strategy for a low-carbon mobility of July 2016 pointed out that foodbased biofuels have a limited role in decarbonising the transport sector and should be
gradually phased out and replaced by advanced biofuels. To prepare for the transition
towards advanced biofuels and minimise the overall indirect land-use change impacts,
it is appropriate to reduce the amount of biofuels and bioliquids produced from food
and feed crops that can be counted towards the Union target set out in this Directive.

(63)

Directive (EU) 2015/1513 of the European Parliament and of the Council31 called on
the Commission to present without delay a comprehensive proposal for a costeffective and technology-neutral post-2020 policy in order to create a long-term
perspective for investment in sustainable biofuels with a low risk of causing indirect
land-use change and in other means of decarbonising the transport sector. An

31

Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015
amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive
2009/28/EC on the promotion of the use of energy from renewable sources (OJ L 239, 15.9.2015, p. 1).

44

EN

incorporation obligation on fuel suppliers can provide certainty for investors and
encourage the continuous development of alternative renewable transport fuels
including advanced biofuels, renewable liquid and gaseous transport fuels of nonbiological origin, and renewable electricity in transport. It is appropriate to set the
obligation on fuel suppliers at the same level in each Member State in order to ensure
consistency in transport fuel specifications and availability. As transport fuels are
traded easily, fuel suppliers in Member States with low endowments of the relevant
resources should be able to easily obtain renewable fuels from elsewhere.
(64)

Advanced biofuels and other biofuels and biogas produced from feedstock listed in
Annex IX, renewable liquid and gaseous transport fuels of non-biological origin, and
renewable electricity in transport can contribute to low carbon emissions, stimulating
the decarbonisation of the Union transport sector in a cost-effective manner, and
improving inter alia energy diversification in the transport sector while promoting
innovation, growth and jobs in the Union economy and reducing reliance on energy
imports. The incorporation obligation on fuels suppliers should encourage continuous
development of advanced fuels, including biofuels, and it is important to ensure that
the incorporation obligation also incentivises improvements in the greenhouse gas
performance of the fuels supplied to meet it. The Commission should assess the
greenhouse gas performance, technical innovation and sustainability of those fuels.

(65)

The promotion of low carbon fossil fuels that are produced from fossil waste streams
can also contribute towards the policy objectives of energy diversification and
transport decarbonisation. It is therefore appropriate to include those fuels in the
incorporation obligation on fuel suppliers.

(66)

Feedstocks which have low indirect land use change impacts when used for biofuels,
should be promoted for their contribution to the decarbonisation of the economy.
Especially feedstocks for advanced biofuels, for which technology is more innovative
and less mature and therefore needs a higher level of support, should be included in an
annex to this Directive. In order to ensure that this annex is up to date with the latest
technological developments while avoiding unintended negative effects, an evaluation
should take place after the adoption of the Directive in order to assess the possibility to
extend the annex to new feedstocks.
2009/28/EC Recital 94

Since the measures provided for in Articles 17 to 19 also have an effect on the functioning of
the internal market by harmonising the sustainability and greenhouse gas emissions criteria
for biofuels and bioliquids for the target accounting purposes under this Directive, and thus
facilitate, in accordance with Article 17(8), trade between Member States in biofuels and
bioliquids which comply with those conditions, they are based on Article 95 of the Treaty.
2009/28/EC Recital 59
Interconnection among countries facilitates integration of electricity from renewable energy
sources. Besides smoothing out 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 need for newly built capacity.

EN

45

EN

2009/28/EC Recital 60
Priority access and guaranteed access for electricity from renewable energy sources are
important for integrating renewable energy sources into the internal market in electricity, in
line with Article 11(2) and developing further Article 11(3) of Directive 2003/54/EC.
Requirements relating to the maintenance of the reliability and safety of the grid and to the
dispatching may differ according to the characteristics of the national grid and its secure
operation. Priority access to the grid provides an assurance given to connected generators of
electricity from renewable energy sources that they will be able to sell and transmit the
electricity from renewable energy sources in accordance with connection rules at all times,
whenever the source becomes available. In the event that the electricity from renewable
energy sources is integrated into the spot market, guaranteed access ensures that all electricity
sold and supported obtains access to the grid, allowing the use of a maximum amount of
electricity from renewable energy sources from installations connected to the grid. However,
this does not imply any obligation on the part of Member States to support or introduce
purchase obligations for energy from renewable sources. In other systems, a fixed price is
defined for electricity from renewable energy sources, usually in combination with a purchase
obligation for the system operator. In such a case, priority access has already been given.
2009/28/EC Recital 61
In certain circumstances it is not possible fully to ensure transmission and distribution of
electricity produced from renewable energy sources without affecting the reliability or safety
of the grid system. In such circumstances it may be appropriate for financial compensation to
be given to those producers. Nevertheless, the objectives of this Directive require a sustained
increase in the transmission and distribution of electricity produced from renewable energy
sources without affecting the reliability or safety of the grid system. To this end, Member
States should take appropriate measures in order to allow a higher penetration of electricity
from renewable energy sources, inter alia, by taking into account the specificities of variable
resources and resources which are not yet storable. To the extent required by the objectives
set out in this Directive, the connection of new renewable energy installations should be
allowed as soon as possible. In order to accelerate grid connection procedures, Member States
may provide for priority connection or reserved connection capacities for new installations
producing electricity from renewable energy sources.
2009/28/EC Recital 62
(adapted)
(67)

The costs of connecting new producers of electricity and gas from renewable energy
sources to the electricity and gas grids should be ⌦ based on ⌫ objective,
transparent and non-discriminatory ⌦ criteria ⌫ and due account should be taken of
the benefit that embedded producers of electricity from renewable energy sources and
local producers of gas from renewable sources bring to the electricity and gas grids.
2009/28/EC Recital 63

Electricity producers who want to exploit the potential of energy from renewable sources in
the peripheral regions of the Community, in particular in island regions and regions of low
population density, should, whenever feasible, benefit from reasonable connection costs in

EN

46

EN

order to ensure that they are not unfairly disadvantaged in comparison with producers situated
in more central, more industrialised and more densely populated areas.
2009/28/EC Recital 64
Directive 2001/77/EC lays down the framework for the integration into the grid of electricity
from renewable energy sources. However, there is a 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.
2009/28/EC Recital 24
(adapted)
new
(68)

In order to exploit the full potential of biomass to contribute to the decarbonisation
of the economy through its uses for materials and energy  , the Community
⌦ Union ⌫ and the Member States should promote greater
sustainable 
mobilisation of existing timber reserves
and agricultural resources  and the
development of new forestry and agriculture production  systems.
2009/28/EC Recital 65
(adapted)
new

(69)

Biofuel production should be sustainable. Biofuels
, bioliquids and biomass fuels
should always be produced in a sustainable manner. Biofuels, bioliquids and biomass
fuels  used for compliance with the ⌦ Union ⌫ targets laid down in this Directive,
and those that ⌦ which ⌫ benefit from national support schemes, should therefore
be required to fulfil sustainability and greenhouse gas emissions savings  criteria.
2009/28/EC Recital 66
(adapted)
new

(70)

The Community ⌦ Union ⌫ should take appropriate steps in the context of this
Directive, including the promotion of sustainability and greenhouse gas emissions
savings  criteria for biofuels
, and for bioliquids and biomass fuels used for
heating or cooling and electricity generation  and the development of second and
third-generation biofuels in the Community and worldwide, and to strengthen
agricultural research and knowledge creation in those areas.
2009/28/EC Recital 67

The introduction of sustainability criteria for biofuels will not achieve its objective if those
products that do not fulfil the criteria and would otherwise have been used as biofuels are
used, instead, as bioliquids in the heating or electricity sectors. For this reason, the
sustainability criteria should also apply to bioliquids in general.

EN

47

EN

2009/28/EC Recital 68
(adapted)
(68)
The 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. Such
sustainability criteria should form a coherent part of a wider scheme covering all bioliquids
and not biofuels alone. Such sustainability criteria should therefore be included in this
Directive. In order to ensure a coherent approach between energy and environment policies,
and to avoid the additional costs to business and the environmental incoherence that would be
associated with an inconsistent approach, it is essential to provide the same sustainability
criteria for the use of biofuels for the purposes of this Directive on the one hand, and
Directive 98/70/EC on the other. For the same reasons, double reporting should be avoided in
this context. Furthermore, the Commission and the competent national authorities should
coordinate their activities in the framework of a committee specifically responsible for
sustainability aspects. The Commission should, in addition, in 2009, review the possible
inclusion of other biomass applications and the modalities relating thereto.
2009/28/EC Recital 69
(adapted)
new
(71)

EN

The increasing worldwide demand
production of agricultural raw material  for
biofuels, and bioliquids
and biomass fuels  , and the incentives for their use
provided for in this Directive, should not have the effect of encouraging the
destruction of biodiverse lands. Those ⌦ Such ⌫ finite resources, recognised in
various international instruments to be of value to all mankind, should be preserved.
Consumers in the Community would, in addition, find it morally unacceptable that
their increased use of biofuels and bioliquids could have the effect of destroying
biodiverse lands. For these reasons, iIt is ⌦ therefore ⌫ necessary to provide
sustainability
and greenhouse gas emissions savings  criteria ensuring that
biofuels, and bioliquids
and biomass fuels  can qualify for the incentives only
when it ⌦ is ⌫ can be guaranteed that they
the agricultural raw material  do
⌦ does ⌫ not originate in biodiverse areas or, in the case of areas designated for
nature protection purposes or for the protection of rare, threatened or endangered
ecosystems or species, the relevant competent authority demonstrates ⌦ it is
demonstrated ⌫ that the production of the
agricultural  raw material does not
interfere with those ⌦ such ⌫ purposes. The sustainability criteria should consider
forest ⌦ Forests should be considered ⌫ as biodiverse ⌦ according to the
sustainibility criteria, ⌫ where ⌦ they are ⌫ it is a primary ⌦ forests ⌫ forest in
accordance with the definition used by the Food and Agriculture Organisation of the
United Nations (FAO) in its Global Forest Resource Assessment, which countries use
worldwide to report on the extent of primary forest or where it is ⌦ they are ⌫
protected by national nature protection law. Areas where ⌦ the ⌫ collection of nonwood forest products occurs should be ⌦ considered to be biodiverse forests ⌫
included, provided the human impact is small. Other types of forests as defined by the
FAO, such as modified natural forests, semi-natural forests and plantations, should not
be considered as primary forests. Having regard, furthermore, to the highly biodiverse
nature of certain grasslands, both temperate and tropical, including highly biodiverse
savannahs, steppes, scrublands and prairies, biofuels
, bioliquids and biomass

48

EN

fuels  made from
agricultural  raw materials originating in such lands should
not qualify for the incentives provided for by this Directive. The Commission should
establish appropriate criteria and geographical ranges to define such highly biodiverse
grasslands in accordance with the best available scientific evidence and relevant
international standards.
2009/28/EC Recital 70
If land with high stocks of carbon in its soil or vegetation is converted for the cultivation of
raw materials for biofuels or bioliquids, some of the stored carbon will generally be released
into the atmosphere, leading to the formation of carbon dioxide. The resulting negative
greenhouse gas impact can offset the positive greenhouse gas impact of the biofuels or
bioliquids, in some cases by a wide margin. The full carbon effects of such conversion should
therefore be accounted for in calculating the greenhouse gas emission saving of particular
biofuels and bioliquids. This is necessary to ensure that the greenhouse gas emission saving
calculation takes into account the totality of the carbon effects of the use of biofuels and
bioliquids.
2009/28/EC Recital 71
In calculating the greenhouse gas impact of land conversion, economic operators should be
able to use actual values for the carbon stocks associated with the reference land use and the
land use after conversion. They should also be able to use standard values. The work of the
Intergovernmental Panel on Climate Change is the appropriate basis for such standard values.
That work is not currently expressed in a form that is immediately applicable by economic
operators. The Commission should therefore produce guidance drawing on that work to serve
as the basis for the calculation of carbon stock changes for the purposes of this Directive,
including such changes to forested areas with a canopy cover of between 10 to 30 %,
savannahs, scrublands and prairies.
2009/28/EC Recital 72
It is appropriate for the Commission to develop methodologies with a view to assessing the
impact of the drainage of peatlands on greenhouse gas emissions.
2009/28/EC Recital 73
(adapted)
new
(72)

EN

Land should not be converted for the production of agricultural raw material for 
biofuels , bioliquids and biomass fuels  if its 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 emission saving resulting from
the production
and use  of biofuels, or bioliquids
and biomass fuels . This
would prevent unnecessary, burdensome research by economic operators and the
conversion of high-carbon-stock land that would prove to be ineligible for producing
agricultural  raw materials for biofuels, and bioliquids
and biomass fuels .
Inventories of worldwide carbon stocks indicate that wetlands and continuously
forested areas with a canopy cover of more than 30 % should be included in that
category.Forested areas with a canopy cover of between 10 and 30 % should also be

49

EN

included, unless there is evidence demonstrating that their carbon stock is sufficiently
low to justify their conversion in accordance with the rules laid down in this
Directive. The reference to wetlands should take into account the definition laid down
in the Convention on Wetlands of International Importance, especially as Waterfowl
Habitat, adopted on 2 February 1971 in Ramsar.
new

EN

(73)

Agricultural feedstock from the production of biofuels, bioliquids and biomass fuels
should not be produced on peatland as the cultivation feedstock on peatland would
result in significant carbon stock loss if the land was further drained for that purpose
while the absence of such drainage cannot be easily verified.

(74)

In the framework of the Common Agricultural Policy Union farmers should comply
with a comprehensive set of environmental requirements in order to receive direct
support. Compliance with those requirements can be most effectively verified in the
context of agricultural policy. Including those requirements in the sustainability
scheme is not appropriate as the sustainability criteria for bioenergy should set out
rules that are objective and apply globally. Verification of compliance under this
Directive would also risk causing unnecessary administrative burden.

(75)

It is appropriate to introduce Union-wide sustainability and greenhouse gas emission
saving criteria for biomass fuels used in the electricity and heating and cooling
generation, in order to continue to ensure high greenhouse gas savings compared to
fossil fuel alternatives, to avoid unintended sustainability impacts, and to promote the
internal market.

(76)

To ensure that, despite the growing demand for forest biomass, harvesting is carried
out in a sustainable manner in forests where regeneration is ensured, that special
attention is given to areas explicitly designated for the protection of biodiversity,
landscapes and specific natural elements, that biodiversity resources are preserved and
that carbon stocks are tracked, woody raw material should come only from forests that
are harvested in accordance with the principles of sustainable forest management
developed under international forest processes such as Forest Europe and are
implemented through national laws or the best management practices at the forest
holding level. Operators should take the appropriate steps in order to minimise the risk
of using unsustainable forest biomass for the production of bioenergy. To that end,
operators should put in place a risk-based approach. In this context, it is apporpriate
for the Commission to develop operational guidance on the verification of compliance
with the risk based approach, following the consultation of the Energy Union
Governance Committee, and the Standing Forestry Committee established by Council
Decision 89/367/EEC32.

(77)

In order to minimize the administrative burden, the Union sustainability and
greenhouse gas saving criteria should apply only to electricity and heating from
biomass fuels produced in installations with a fuel capacity equal or above to 20 MW.

(78)

Biomass fuels should be converted into electricity and heat in an efficient way in order
to maximise energy security and greenhouse gas savings, as well as to limit emissions
of air pollutants and minimise the pressure on limited biomass resources. For this

32

Council Decision 89/367/EEC of 29 May 1989 setting up a Standing Forestry Committee (OJ L 165,
15.6.1989, p. 14).

50

EN

reason, public support to installations with a fuel capacity equal to or exceeding 20
MW, if needed, should only be given to highly efficient combined power and heat
installations as defined Article 2(34) of Directive 2012/27/EU. Existing support
schemes for biomass-based electricity should however be allowed until their due end
date for all biomass installations. In addition electricity produced from biomass in new
installations with a fuel capacity equal to or exceeding 20 MW should only count
towards renewable energy targets and obligations in the case of highly efficient
combined power and heat installations. In accordance with State aid rules, Member
States should however be allowed to grant public support for the production of
renewables to installations, and count the electricity they produce towards renewable
energy targets and obligations, in order to avoid an increased reliance on fossil fuels
with higher climate and environmental impacts where, after exhausting all technical
and economic possibilities to install highly efficient combined heat and power biomass
installations, Member States would face a substantiated risk to security of supply of
electricity..
(79)

The minimum greenhouse gas emission savings threshold for biofuels and bioliquids
produced in new installations should be increased in order to improve their overall
greenhouse gas balance as well as to discourage further investments in installations
with a low greenhouse gas emission savings performance. This increase provides
investment safeguards for biofuels and bioliquids production capacities.

(80)

Based on experience in the practical implementation of the Union sustainability
criteria, it is appropriate to strengthen the role of voluntary international and national
certification schemes for verification of compliance with the sustainability criteria in a
harmonised manner.
2009/28/EC Recital 74

The incentives provided for in this Directive will encourage increased production of biofuels
and bioliquids worldwide. Where biofuels and bioliquids are made from raw material
produced within the Community, they should also comply with Community environmental
requirements for agriculture, including those concerning the protection of groundwater and
surface water quality, and with social requirements. However, there is a concern that
production of biofuels and bioliquids in certain third countries might not respect minimum
environmental or social requirements. It is therefore appropriate to encourage the
development of multilateral and bilateral agreements and voluntary international or national
schemes that cover key environmental and social considerations, in order to promote the
production of biofuels and bioliquids worldwide in a sustainable manner. In the absence of
such agreements or schemes, Member States should require economic operators to report on
those issues.
2009/28/EC Recital 75
The requirements for a sustainability scheme for energy uses of biomass, other than bioliquids
and biofuels, should be analysed by the Commission in 2009, taking into account the need for
biomass resources to be managed in a sustainable manner.

EN

51

EN

2009/28/EC Recital 76
Sustainability criteria will be effective only if they lead to changes in the behaviour of market
actors. Those changes will occur only if biofuels and bioliquids meeting those 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 bioliquids meeting the sustainability criteria and the consumption of biofuels and
bioliquids in the Community, providing an appropriate balance between supply and demand
and ensuring a price premium that is greater than in systems where there is no such link. To
ensure that biofuels and bioliquids meeting the sustainability criteria can be sold at a higher
price, the mass balance method should therefore be used to verify compliance. This should
maintain the integrity of the system while at the same time avoiding the imposition of an
unreasonable burden on industry. Other verification methods should, however, be reviewed.
2009/28/EC Recital 77
Where appropriate, the Commission should take due account of the Millennium Ecosystem
Assessment which contains useful data for the conservation of at least those areas that provide
basic ecosystem services in critical situations such as watershed protection and erosion
control.
2009/28/EC Recital 78
It is appropriate to monitor the impact of biomass cultivation, such as through land-use
changes, including displacement, the introduction of invasive alien species and other effects
on biodiversity, and effects on food production and local prosperity. The Commission should
consider all relevant sources of information, including the FAO hunger map. Biofuels should
be promoted in a manner that encourages greater agricultural productivity and the use of
degraded land.
2009/28/EC Recital 79
(adapted)
new
(81)

EN

It is in the interests of the Community ⌦ Union ⌫ to encourage the development of
multilateral and bilateral agreements and voluntary international or national schemes
that set standards for the production of sustainable biofuels, and bioliquids
, and
biomass fuels  and that certify that the production of biofuels, and bioliquids , and
biomass fuels  meets those standards. For that reason, provision should be made for
such agreements or schemes ⌦ should ⌫ to be recognised as providing reliable
evidence and data, ⌦ where ⌫ provided that they meet adequate standards of
reliability, transparency and independent auditing.
In order to ensure that the
compliance with the sustainability and greenhouse gas emissions savings criteria is
verified in a robust and harmonised manner and in particular to prevent fraud, the
Commission should be empowered to set out detailed implementing rules, including
adequate standards of reliability, transparency and independent auditing to be applied
by the voluntary schemes. 

52

EN

new
(82)

Voluntary schemes play an increasingly important role in providing evidence of
compliance with the sustainability and greenhouse gas emissions saving criteria for
biofuels, bioliquids and biomass fuels. It is therefore appropriate for the Commission
to require voluntary schemes, including those already recognised by the Commission,
to report regularly on their activity. Such reports should be made public in order to
increase transparency and to improve supervision by the Commission. Furthermore,
such reporting would provide the necessary information for the Commission to report
on the operation of the voluntary schemes with a view to identifying best practice and
submitting, if appropriate, a proposal to further promote such best practice.

(83)

To facilitate the functioning of the internal market, evidence regarding the
sustainability and greenhouse gas emissions criteria for biomass for energy that has
been obtained in accordance with a scheme that has been recognised by the
Commission should be accepted in all Member States. Member States should
contribute towards ensuring the correct implementation of the certification principles
of voluntary schemes by supervising the operation of certification bodies that are
accredited by the national accreditation body and by informing the voluntary schemes
about relevant observations.
2009/28/EC Recital 80

It is necessary to lay down clear rules for the calculation of greenhouse gas emissions from
biofuels and bioliquids and their fossil fuel comparators.
2009/28/EC Recital 81
Co-products from the production and use of fuels should be taken into account in the
calculation of greenhouse gas emissions. The substitution method is appropriate for the
purposes of policy analysis, but not for the regulation of individual economic operators and
individual consignments of transport fuels. In those cases the energy allocation method is the
most appropriate method, as it is easy to apply, is predictable over time, minimises counterproductive incentives and produces results that are generally comparable with those produced
by the substitution method. For the purposes of policy analysis the Commission should also,
in its reporting, present results using the substitution method.
2009/28/EC Recital 82
(adapted)
new
(84)

EN

In order to avoid a disproportionate administrative burden, a list of default values
should be laid down for common biofuel , bioliquid and biomass fuel  production
pathways and that list should be updated and expanded when further reliable data is
available. Economic operators should always be entitled to claim the level of
greenhouse gas emission saving for biofuels, and bioliquids
and biomass fuels 
established by that list. Where the default value for greenhouse gas emission saving
from a production pathway lies below the required minimum level of greenhouse gas
emission saving, producers wishing to demonstrate their compliance with this

53

EN

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.
new
(85)

It is necessary to lay down clear rules for the calculation of greenhouse gas emission
savings from biofuels, bioliquids and biomass fuels and their fossil fuel comparators.

(86)

In accordance with the current technical and scientific knowledge, the greenhouse gas
accounting methodology should take into account the transformation of the solid and
gaseous biomass fuels into final energy in order to be consistent with the calculation of
renewable energy for the purposes of counting towards the Union target laid down in
this Directive. The allocation of emissions to co-products, as distinct from wastes and
residues, should also be reviewed in cases where electricity and/or heating and cooling
are produced in co-generation or multi-generation plants.

(87)

To ensure consistency and comparability of greenhouse gas savings of biomass fuels
for heating and cooling, and electricity generation in different Member States, it is
appropriate to apply a fossil fuel comparator based on average Union emissions in the
heating and electricity sectors.

(88)

If land with high stocks of carbon in its soil or vegetation is converted for the
cultivation of raw materials for biofuels, bioliquids and biomass fuels, some of the
stored carbon will generally be released into the atmosphere, leading to the formation
of carbon dioxide. The resulting negative greenhouse gas impact can offset the
positive greenhouse gas impact of the biofuels, bioliquids or biomass fuels, in some
cases by a wide margin. The full carbon effects of such conversion should therefore be
taken into account in calculating the greenhouse gas emission saving of particular
biofuels, bioliquids and biomass fuels. This is necessary to ensure that the greenhouse
gas emission saving calculation takes into account the totality of the carbon effects of
the use of biofuels, bioliquids and biomass fuels.

(89)

In calculating the greenhouse gas impact of land conversion, economic operators
should be able to use actual values for the carbon stocks associated with the reference
land use and the land use after conversion. They should also be able to use standard
values. The methodology of the Intergovernmental Panel on Climate Change is the
appropriate basis for such standard values. That work is not currently expressed in a
form that is immediately applicable by economic operators. The Commission should
therefore revise the guidelines of 10 June 2010 for the calculation of land carbon
stocks for the purpose of Annex V to this Directive. while ensuring coherence with
Regulation (EU) No 525/2013 of the European Parliament and of the Council33.

(90)

Co-products from the production and use of fuels should be taken into account in the
calculation of greenhouse gas emissions. The substitution method is appropriate for
the purposes of policy analysis, but not for the regulation of individual economic
operators and individual consignments of transport fuels. In those cases the energy
allocation method is the most appropriate method, as it is easy to apply, is predictable
over time, minimises counter-productive incentives and produces results that are
generally comparable with those produced by the substitution method. For the

33

Regulation No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a
mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at
national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165,
18.6.2013, p. 13)

EN

54

EN

purposes of policy analysis the Commission should also, in its reporting, present
results using the substitution method.
(91)

Co-products are different from residues and agricultural residues, as they are the
primary aim of the production process. It is therefore appropriate to clarify that
agricultural crop residues are residues and not co-products. This has no implications
on the existing methodology but clarifies the existing provisions.

(92)

The established method of using energy allocation as a rule for dividing greenhouse
gas emissions between co-products has worked well and should be continued. It is
appropriate to align the methodology for calculating greenhouse gas emissions coming
from the use of cogeneration of heat and electricity (CHP) when the CHP is used in
processing biofuels, bioliquids and biomass fuels to the methodology applied to a CHP
being the end use.

(93)

The methodology takes into account the reduced greenhouse gas emissions arising
from the use of CHP, compared to the use of electricity- and heat-only plants, by
taking into account the utility of heat compared to electricity, and the utility of heat at
different temperatures. It follows that higher temperature should bear a larger part of
the total greenhouse gas emissions, than heat at low temperature, when the heat is coproduced with electricity. The methodology takes into account the whole pathway to
final energy, including conversion to heat or electricity.
2009/28/EC Recital 84

In order to avoid encouraging the cultivation of raw materials for biofuels and 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.
However, to avoid a disproportionate administrative burden, it is appropriate for Member
States to establish national or regional averages for emissions from cultivation, including
from fertiliser use.
2009/28/EC Recital 83
(adapted)
(94)

It is appropriate for the data used in the calculation of the default values to be obtained
from independent, scientifically expert sources and to be updated as appropriate as
those sources progress their work. The Commission should encourage those sources to
address, when they update their work, emissions from cultivation, the effect of
regional and climatological conditions, the effects of cultivation using sustainable
agricultural and organic farming methods, and the scientific contribution of producers,
within the Community ⌦ Union ⌫ and in third countries, and civil society.
2009/28/EC Recital 85
(adapted)
new

(95)

EN

Global demand for agricultural commodities is growing. Part of that increased demand
will be met through an increase in the amount of land devoted to agriculture. The
restoration of land that has been severely degraded or heavily contaminated and
therefore cannot be used, in its present state, for agricultural purposes is a way of
increasing the amount of land available for cultivation. The sustainability scheme

55

EN

should promote the use of restored degraded land because the promotion of biofuels,
and bioliquids
and biomass fuels  will contribute to the growth in demand for
agricultural commodities. Even if biofuels themselves are made using raw materials
from land already in arable use, the net increase in demand for crops caused by the
promotion of biofuels could lead to a net increase in the cropped area. This could
affect high carbon stock land, which would result in damaging carbon stock losses. To
alleviate that risk, it is appropriate to introduce accompanying measures to encourage
an increased rate of productivity on land already used for crops, the use of degraded
land, and the adoption of sustainability requirements, comparable to those laid down in
this Directive for Community biofuel consumption, in other biofuel-consuming
countries. The Commission should develop a concrete methodology to minimise
greenhouse gas emissions caused by indirect land-use changes. To this end, the
Commission should analyse, on the basis of best available scientific evidence, in
particular, the inclusion of a factor for indirect land-use changes in the calculation of
greenhouse gas emissions and the need to incentivise sustainable biofuels which
minimise the impacts of land-use change and improve biofuel sustainability with
respect to indirect land-use change. In developing that methodology, the Commission
should address, inter alia, the potential indirect land-use changes resulting from
biofuels produced from non-food cellulosic material and from ligno-cellulosic
material.
2009/28/EC Recital 86
In order to permit the achievement of an adequate market 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.
2009/28/EC Recital 87
In order to ensure that biofuels that diversify the range of feedstocks used become
commercially viable, those biofuels should receive an extra weighting under national biofuel
obligations.
2009/28/EC Recital 88
Regular reporting is needed to ensure a continuing focus on progress in the development of
energy from renewable sources at national and Community level. It is appropriate to require
the use of a harmonised template for national renewable energy action plans which Member
States should submit. Such plans could include estimated costs and benefits of the measures
envisaged, measures relating to the necessary extension or reinforcement of the existing grid
infrastructure, estimated costs and benefits to develop energy from renewable sources in
excess of the level required by the indicative trajectory, information on national support
schemes and information on their use of energy from renewable sources in new or renovated
buildings.
2009/28/EC Recital 89
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 waste, residues, non-food cellulosic material, ligno-cellulosic material and algae,

EN

56

EN

as well as non-irrigated plants grown in arid areas to fight desertification, by taking due
account of the different costs of producing energy from traditional biofuels on the one hand
and of those biofuels that give additional benefits on the other. Member States may encourage
investment in research and development in relation to those and other renewable energy
technologies that need time to become competitive.
new
(96)

In order to ensure a harmonised implementation of the greenhouse gas emissions
calculation methodology and to align to the latest scientific evidence the Commission
should be empowered to adapt the methodological principles and values necessary for
assessing whether greenhouse gas emissions savings criteria have been fulfilled and to
decide that reports submitted by Member States and third countries contain accurate
data on cultivation emissions of feedstock.
2009/28/EC Recital 22
(adapted)

(97)

The achievement of the objectives of this Directive requires that the Community
⌦ Union ⌫ and Member States dedicate a significant amount of financial resources
to research and development in relation to renewable energy technologies. In
particular, the European Institute of Innovation and Technology should give high
priority to the research and development of renewable energy technologies.
2009/28/EC Recital 90

(98)

The implementation of this Directive should reflect, where relevant, the provisions of
the Convention on Access to Information, Public Participation in Decision-Making
and Access to Justice in Environmental Matters, in particular as implemented through
Directive 2003/4/EC of the European Parliament and of the Council of 28 January
2003 on public access to environmental information34.
new

EN

(99)

In order to amend or supplement non-essential elements of the provisions of this
Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the
Functioning of the European Union should be delegated to the Commission in respect
of the list of feedstocks for the production of advanced biofuels, the contribution of
which towards the fuel suppliers' obligation in transport is limited; the adaptation of
the energy content of transport fuels to scientific and technical progress; the
methodology to determine the share of biofuel resulting from biomass being processed
with fossil fuels in a common process; the implementation of agreements on mutual
recognition of guarantees of origin; the establishment of rules to monitor the
functioning of the system of guarantees of origin; and the rules for calculating the
greenhouse gas impact of biofuels, bioliquids and their fossil fuel comparators. It is of
particular importance that the Commission carry out appropriate consultations during
its preparatory work, including at expert level, and that those consultations be
conducted in accordance with the principles laid down in the Interinstitutional

34

OJ L 41, 14.2.2003, p. 26.

57

EN

Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal
participation in the preparation of delegated acts, the European Parliament and the
Council receive all documents at the same time as Member States' experts, and their
experts systematically have access to meetings of Commission expert groups dealing
with the preparation of delegated acts.
2009/28/EC Recital 91
(adapted)
new
(100) The measures necessary for the implementation of this Directive should be adopted in
accordance with Council Decision 1999/468/EC of 28 June 1999 Regulation (EU)
No 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying down the procedures for the exercise of implementing powers .conferred on the
Commission35.
2009/28/EC Recital 92
In particular, the Commission should be empowered to adapt the methodological principles
and values necessary for assessing whether sustainability criteria have been fulfilled in
relation to biofuels and bioliquids, to adapt the energy content of transport fuels to technical
and scientific progress, to establish criteria and geographic ranges for determining highly
biodiverse grassland, and to establish detailed definitions for severely degraded or
contaminated land. Since those measures are of general scope and are designed to amend nonessential elements of this Directive, inter alia, by supplementing it with new non-essential
elements, they must be adopted in accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.
2009/28/EC Recital 93
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
transposition of this Directive. 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.
2009/28/EC Recital 95
The sustainability scheme should not prevent Member States from taking into account, in
their national support schemes, the higher production cost of biofuels and bioliquids that
deliver benefits that exceed the minima laid down in the sustainability scheme.
2009/28/EC Recital 96
(adapted)
new
(101) Since the general objectives of this Directive, namely to achieve a 20 %
at least
27%  share of energy from renewable sources in the Community’s ⌦ Union's ⌫
35

EN

OJ L 184, 17.7.1999, p. 23.

58

EN

gross final consumption of energy and a 10 % share of energy from renewable sources
in each Member State’s transport energy consumption by 2020 2030  , cannot be
sufficiently achieved by the Member States and ⌦ but ⌫ can therefore ⌦ rather ⌫
, by reason of the scale of the action, be better achieved at Community ⌦ Union ⌫
level, the Community ⌦ Union ⌫ may adopt measures, in accordance with the
principle of subsidiarity as set out in Article 5 of the Treaty ⌦ on European Union ⌫
. 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.
2009/28/EC Recital 97
In accordance with point 34 of the Interinstitutional agreement on better law-making36,
Member States are encouraged to draw up, for themselves and in the interest of the
Community, their own tables illustrating, as far as possible, the correlation between this
Directive and the transposition measures and to make them public,
new
(102) The obligation to transpose this Directive into national law should be confined to those
provisions which represent a substantive amendment as compared to the earlier
Directive. The obligation to transpose provisions which are unchanged arises under the
earlier Directive.
(103) In accordance with the Joint Political Declaration of Member States and the
37
Commission on explanatory documents of 28 September 2011
 , Member
States have undertaken to accompany, in justified cases, the notification of their
transposition measures with one or more documents explaining the relationship
between the components of a directive and the corresponding parts of national
transposition instruments.
(104) This Directive should be without prejudice to the obligations of the Member States
relating to the time-limit for the transposition into national law of the Directives set
out in part B of Annex XI.
2009/28/EC (adapted)
new
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject-matter and scope
This Directive establishes a common framework for the promotion of energy from renewable
sources. It sets ⌦ a binding ⌫ mandatory national Union  targets for the overall share
of energy from renewable sources in gross final consumption of energy in 2030  and for
the share of energy from renewable sources in transport. It ⌦ also ⌫ lays down rules
⌦ on ⌫ relating to statistical transfers between Member States, joint projects
financial
support to electricity produced from renewable sources, self-consumption of renewable
36
37

EN

OJ C 321, 31.12.2003, p. 1.
OJ C 369, 17.12.2011, p. 14.

59

EN

electricity, and renewable energy use in the heating and cooling and transport sectors, regional
cooperation  between Member States and with third countries, guarantees of origin,
administrative procedures, ⌦ and ⌫ information and training, and access to the electricity
grid for energy from renewable sources. It establishes sustainability
and greenhouse gas
emissions saving  criteria for biofuels, and bioliquids and biomass fuels  .
2009/28/EC Article 2 (adapted)
new
Article 2
Definitions
For the purposes of this Directive, the definitions in Directive 2003/54/EC 2009/72/EC apply.
The following definitions also apply:
(a)‘energy from renewable sources’ means energy from renewable non-fossil
sources, namely wind, solar
(solar thermal and solar photovoltaic) and  ,
aerothermal, geothermal, energy  hydrothermal and , ambient heat, tide, wave
and other  ocean energy, hydropower, biomass, landfill gas, sewage treatment plant
gas and biogases;
new
(b)‘ambient heat’ means heat energy at a useful temperature level which is extracted
or captured by means of heat pumps that need electricity or other auxiliary energy to
function, and which can be stored in the ambient air, beneath the surface of solid
earth or in surface water. The reported values shall be established on the basis of the
same methodology used for the reporting of heat energy extracted or captured by
heat pumps;
2009/28/EC Article 2 (adapted)
new
(b)‘aerothermal energy’ means energy stored in the form of heat in the ambient air;
(c)‘geothermal energy’ means energy stored in the form of heat beneath the surface
of solid earth;
(d)‘hydrothermal energy’ means energy stored in the form of heat in surface water;
(ec)‘biomass’ means the biodegradable fraction of products, waste and residues from
biological origin from agriculture, (including vegetal and animal substances),
forestry and related industries including fisheries and aquaculture, as well as the
biodegradable fraction of waste, including  industrial and municipal waste of
biological origin  ;
(fd)‘gross final consumption of energy’ means the energy commodities delivered for
energy purposes to industry, transport, households, services including public
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 and transmission;

EN

60

EN

(ge)‘district heating’ or ‘district 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 or sites, for the use of space or process
heating or cooling;
(hf)‘bioliquids’ means liquid fuel for energy purposes other than for transport,
including electricity and heating and cooling, produced from biomass;
(ig)‘biofuels’ means liquid or gaseous fuel for transport produced from biomass;
(jh)‘guarantee of origin’ means an electronic document which has the sole function
of providing proof to a final customer that a given share or quantity of energy was
produced from renewable sources as required by Article 3(6) of Directive
2003/54/EC;
(ki)‘support scheme’ means any instrument, scheme or mechanism applied by a
Member State or a group of Member States, that promotes the use of energy from
renewable sources by reducing the cost of that 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. This includes, but is not restricted to,
investment aid, tax exemptions or reductions, tax refunds, renewable energy
obligation support schemes including those using green certificates, and direct price
support schemes including feed-in tariffs and premium payments;
(lj)‘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. This includes
schemes under which such requirements may be fulfilled by using green certificates;
(mk)‘actual value’ means the greenhouse gas emission saving for some or all of the
steps of a specific biofuel production process calculated in accordance with the
methodology laid down in part C of Annex V;
(nl)‘typical value’ means an estimate of the representative greenhouse gas
⌦ emissions and ⌫ emission saving for a particular biofuel
, bioliquid or
biomass fuel  production pathway ⌦ , which is representative of the Union
consumption ⌫ ;
(om)‘default value’ means a value derived from a typical value by the application of
pre-determined factors and that may, in circumstances specified in this Directive, be
used in place of an actual value;
(pn)‘waste’ shall be defined as in Article 3(1) of Directive 2008/98/EC of the
European Parliament and of the Council38; substances that have been intentionally
modified or contaminated to meet that definition are not covered by this definition;
(qo)‘starch-rich crops’ means crops comprising mainly cereals (regardless of whether
only the grains are used, or the whole plant, such as in the case of green maize, is
used), tubers and root crops (such as potatoes, Jerusalem artichokes, sweet potatoes,
cassava and yams), and corm crops (such as taro and cocoyam);

38

EN

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste
and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

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(rp)‘ligno-cellulosic material’ means material composed of lignin, cellulose and
hemicellulose such as biomass sourced from forests, woody energy crops and forestbased industries' residues and wastes;
(sq)‘non-food cellulosic material’ means feedstocks mainly composed of cellulose
and hemicellulose, and having a lower lignin content than ligno-cellulosic material; it
includes food and feed crop residues (such as straw, stover, husks and shells), grassy
energy crops with a low starch content (such as ryegrass, switchgrass, miscanthus,
giant cane and cover crops before and after main crops), industrial residues
(including from food and feed crops after vegetal oils, sugars, starches and protein
have been extracted), and material from biowaste;
(tr)‘processing residue’ means a substance that is not the end product(s) that a
production process directly seeks to produce; it is not a primary aim of the
production process and the process has not been deliberately modified to produce it;
(us)‘renewable liquid and gaseous transport fuels of non-biological origin’ means
liquid or gaseous fuels other than biofuels whose energy content comes from
renewable energy sources other than biomass, and which are used in transport;
(vt)‘agricultural, aquaculture, fisheries and forestry residues’ means residues that are
directly generated by agriculture, aquaculture, fisheries and forestry; they do not
include residues from related industries or processing;
(wu)‘low indirect land-use change-risk biofuels and bioliquids’ means biofuels and
bioliquids, the feedstocks of which were produced within schemes which reduce the
displacement of production for purposes other than for making biofuels and
bioliquids and which were produced in accordance with the sustainability criteria for
biofuels and bioliquids set out in Article 17 26;.

new
(x) 'distribution system operator' shall be defined as in Article 2(6) of Directive 2009/72/EC;
(y) 'waste heat or cold' means heat or cold which is generated as by-product in industrial or
power generation installations and which would be dissipated unused in air or water
without access to a district heating or cooling system;
(z) ‘repowering’ means renewing power plants producing renewable energy, including the full
or partial replacement of installations or operation systems and equipment, in order
to replace capacity or increase efficiency;
(aa) ‘renewable self-consumer’ means an active customer as defined in Directive [MDI
Directive] who consumes and may store and sell renewable electricity which is
generated within his or its premises, including a multi-apartment block, a commercial
or shared services site or a closed distribution system, provided that, for nonhousehold renewable self-consumers, those activities do not constitute their primary
commercial or professional activity;
(bb) ‘renewable self-consumption’ means the generation and consumption, and, where
applicable, storage, of renewable electricity by renewable self-consumers;
(cc) ‘power purchase agreement’ means a contract under which a legal person agrees to
purchase renewable electricity directly from an energy generator;

EN

62

EN

(dd) ‘food and feed crops’ means starch-rich crops, sugars and oil crops produced on
agricultural land as a main crop excluding residues, waste or ligno-cellulosic
material;
(ee) ‘advanced biofuels’ means biofuels that are produced from feedstocks listed in part A of
Annex IX;
(ff) ‘waste-based fossil fuels’ means liquid and gaseous fuels produced from waste streams of
non-renewable origin, including waste processing gases and exhaust gases;
(gg) ‘fuel supplier’ means the entity supplying fuel to the market responsible for passing fuel
or energy through an excise duty point or, where no excise is due, any other relevant
entity designated by a Member State;
(hh) 'agricultural biomass' means biomass produced from agriculture;
(ii) 'forest biomass' means biomass produced from forestry;
(jj) 'harvesting permit' means an official document giving the right to harvest the forest
biomass;
(kk) 'SME' means a micro, small or medium sized enterprise as defined in Commission
Recommendation 2003/361/EC (39);
(ll) 'forest regeneration' means the re-establishment of a forest stand by natural or artificial
means following the removal of the previous stand by felling or as a result of natural
causes, including fire or storm;
(mm) 'forest holding' means one or more parcels of forest and other wooded land which
constitute a single unit from the point of view of management or utilisation;
(nn) 'biowaste' means biodegradable garden and park waste, food and kitchen waste from
households, restaurants, caterers and retail premises, and comparable waste from the
food processing industry;
(oo) 'residual energy mix' means the total annual energy mix for a Member State, excluding
the share covered by the cancelled guarantees of origin;
(pp) 'biomass fuels' means gaseous and solid fuels produced from biomass;
(qq) 'biogas' means gaseous fuels produced from biomass;
(rr) 'opened tender' means a tender procedure for the installation of renewable energy plants
organised by a Member State and opened for bids from projects located in one or
several other Member States;
(ss) 'joint tender' means a tender procedure for the installation of renewable energy plants
jointly designed and organised by two or more Member States, that is open to
projects located in all Member States involved;
(tt) 'opened certificate scheme' means a certificate scheme implemented by a Member State,
that is open to installations located in one or several other Member States;
(uu) 'financial instruments' means financial instruments as defined in the Financial
Regulation.

39

EN

Commission Recommendation of 6 May 2003 concerning the definition of micro, small and mediumsized enterprises (OJ L 124, 20.5.2003, p. 36)

63

EN

2009/28/EC
Article 3
Mandatory national overall targets and measures for the use of energy from renewable sources
1. Each Member State shall ensure that the share of energy from renewable sources,
calculated in accordance with Articles 5 to 11, in gross final consumption of energy in 2020 is
at least its national 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. Such mandatory national
overall targets are consistent with a target of at least a 20 % share of energy from renewable
sources in the Community’s gross final consumption of energy in 2020. In order to achieve
the targets laid down in this Article more easily, each Member State shall promote and
encourage energy efficiency and energy saving.
2015/1513 Art. 2.2(a)
For the purpose of compliance with the targets referred to in the first subparagraph of this
paragraph, the maximum joint contribution from biofuels and bioliquids produced from cereal
and other starch-rich crops, sugars and oil crops and from crops grown as main crops
primarily for energy purposes on agricultural land shall be no more than the energy quantity
corresponding to the maximum contribution as set out in paragraph 4(d).
2009/28/EC
2. Member States shall introduce measures effectively designed 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.
3. In order to reach the targets set in paragraphs 1 and 2 of this Article Member States may,
inter alia, apply the following measures:
(a) support schemes;
(b) measures of cooperation between different Member States and with third
countries for achieving their national overall targets in accordance with Articles 5 to
11.
Without prejudice to Articles 87 and 88 of the Treaty, Member States shall have the right to
decide, in accordance with Articles 5 to 11 of this Directive, to which extent they support
energy from renewable sources which is produced in a different Member State.
4. Each Member State shall ensure that the share of energy from renewable sources in all
forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in
that Member State.
For the purposes of this paragraph, the following provisions shall apply:
2015/1513 Art. 2.2(b)
(a) for the calculation of the denominator, that is the total amount of energy
consumed in transport for the purposes of the first subparagraph, only petrol, diesel,
biofuels consumed in road and rail transport, and electricity, including electricity

EN

64

EN

used for the production of renewable liquid and gaseous transport fuels of nonbiological origin, shall be taken into account;
2009/28/EC
1 2015/1513 Art. 2.2(b)
(b) for the calculation of the numerator, that is the amount of energy from renewable
sources consumed in transport for the purposes of the first subparagraph, all types of
energy from renewable sources consumed in all forms of transport shall be taken into
account. 1 This point shall be without prejudice to point (d) of this paragraph and
Article 17(1)(a); 
2015/1513 Art. 2.2(b)
(c) for the calculation of the contribution from electricity produced from renewable
sources and consumed in all types of electric vehicles and for the production of
renewable liquid and gaseous transport fuels of non-biological origin for the purpose
of points (a) and (b), Member States may choose to use either the average share of
electricity from renewable energy sources in the Union or the share of electricity
from renewable energy sources in their own country as measured two years before
the year in question. Furthermore, for the calculation of the electricity from
renewable energy sources consumed by electrified rail transport, that consumption
shall be considered to be 2,5 times the energy content of the input of electricity from
renewable energy sources. For the calculation of the electricity from renewable
energy sources consumed by electric road vehicles in point (b), that consumption
shall be considered to be five times the energy content of the input of electricity from
renewable energy sources;
2015/1513 Art. 2.2(b)
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels
produced from cereal and other starch-rich crops, sugars and oil crops and from
crops grown as main crops primarily for energy purposes on agricultural land shall
be no more than 7 % of the final consumption of energy in transport in the Member
States in 2020.
Biofuels produced from feedstocks listed in Annex IX shall not count towards the
limit set out in the first subparagraph of this point.
Member States may decide that the share of energy from biofuels produced from
crops grown as main crops primarily for energy purposes on agricultural land, other
than cereal and other starch-rich crops, sugars and oil crops, does not count towards
the limit set out in the first subparagraph of this point, provided that:
(i) verification of compliance with the sustainability criteria set out in Article
17(2) to (5) was carried out in accordance with Article 18; and
(ii) those crops were grown on land that falls under point 8 of part C of Annex
V and the corresponding bonus ‘eB’ set out in point 7 of part C of Annex V was
included in the calculation of greenhouse gas emissions, for the purposes of
showing compliance with Article 17(2).

EN

65

EN

(e) each Member State shall seek to achieve the objective of there being a minimum
level of consumption on their territory of biofuels produced from feedstocks and of
other fuels, listed in part A of Annex IX. To that effect, by 6 April 2017, each
Member State shall set a national target, which it shall endeavour to achieve. A
reference value for this target is 0,5 percentage points in energy content of the share
of energy from renewable sources in all forms of transport in 2020 referred to in the
first subparagraph, to be met with biofuels produced from feedstocks and with other
fuels, listed in part A of Annex IX. In addition, biofuels made from feedstocks not
listed in Annex IX that were determined to be wastes, residues, non-food cellulosic
material or ligno-cellulosic material by the competent national authorities and are
used in existing installations prior to the adoption of Directive (EU) 2015/1513 of the
European Parliament and of the Council40, may be counted towards the national
target.
Member States may set a national target lower than the reference value of 0,5
percentage points, based on one or more of the following grounds:
(i) objective factors such as the limited potential for the sustainable production
of biofuels produced from feedstocks and of other fuels, listed in part A of
Annex IX, or the limited availability of such biofuels at cost-efficient prices on
the market;
(ii) the specific technical or climatic characteristics of the national market for
transport fuels, such as the composition and condition of the road vehicle fleet;
or
(iii) national policies allocating commensurate financial resources to
incentivising energy efficiency and the use of electricity from renewable
energy sources in transport.
When setting their national targets, Member States shall provide available
information on the quantities of biofuels consumed from feedstocks and other fuels,
listed in part A of Annex IX.
When setting policies for the promotion of the production of fuels from feedstocks
listed in Annex IX, Member States shall have due regard to the waste hierarchy as
established in Article 4 of Directive 2008/98/EC, including its provisions regarding
life-cycle thinking on the overall impacts of the generation and management of
different waste streams.
The Commission shall publish in accordance with Article 24 of this Directive:

40

EN

–

the national targets of the Member States,

–

where available, the Member States' plans for achieving the national targets,

–

where applicable, the grounds for differentiation of the national targets of the
Member States as compared to the reference value, notified in accordance with
Article 4(2) of Directive (EU) 2015/1513; and

–

a synthesis report on Member States' achievements towards their national
targets;

Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015
amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive
2009/28/EC on the promotion of the use of energy from renewable sources (OJ L 239, 15.9.2015, p. 1).

66

EN

(f) biofuels produced from feedstocks listed in Annex IX shall be considered to be
twice their energy content for the purpose of complying with the target set out in the
first subparagraph.
2015/1513 Art. 2.2(c)
By 31 December 2017, the Commission shall present, if appropriate, a proposal permitting,
subject to certain conditions, the whole amount of the electricity originating from renewable
sources used to power all types of electric vehicles, and for the production of renewable liquid
and gaseous transport fuels of non-biological origin to be considered.
2009/28/EC
By 31 December 2011, the Commission shall also present, if appropriate, a proposal for a
methodology for calculating the contribution of hydrogen originating from renewable sources
in the total fuel mix.
2015/1513 Art. 2.2(d)
5. With a view to minimising the risk of single consignments being claimed more than once in
the Union, Member States and the Commission shall endeavour to strengthen cooperation
among national systems and between national systems and voluntary schemes established
pursuant to Article 18, including where appropriate the exchange of data. To prevent materials
from being intentionally modified or discarded in order to fall under Annex IX, Member
States shall encourage the development and use of systems which track and trace feedstocks
and the resulting biofuels over the whole value chain. Member States shall ensure that when
fraud is detected, appropriate action is taken. Member States shall by 31 December 2017, and
every two years thereafter, report on the measures they have taken if they have not provided
equivalent information on reliability and protection against fraud in their reports on progress
in the promotion and use of energy from renewable sources drawn up in accordance with
Article 22(1)(d).
The Commission shall be empowered to adopt delegated acts in accordance with Article 25a
to amend the list of feedstocks in part A of Annex IX in order to add feedstocks, but not to
remove them. The Commission shall adopt a separate delegated act in respect of each
feedstock to be added to the list in part A of Annex IX. Each delegated act shall be based on
an analysis of the latest scientific and technical progress, taking due account of the principles
of the waste hierarchy established in Directive 2008/98/EC, and supporting the conclusion
that the feedstock in question does not create an additional demand for land or cause
significant distortive effects on markets for (by-)products, wastes or residues, that it delivers
substantial greenhouse gas emission savings compared to fossil fuels, and that it does not risk
creating negative impacts on the environment and biodiversity.
new
Article 3
Union binding overall target for 2030
1. Member States shall collectively ensure that the share of energy from renewable sources in
the Union's gross final consumption of energy in 2030 is at least 27%.

EN

67

EN

2. Member States' respective contributions to this overall 2030 target shall be set and notified
to the Commission as part of their Integrated National Energy and Climate Plans in
accordance with Articles 3 to 5 and 9 to 11 of Regulation [Governance].
3. From 1 January 2021 onwards, the share of energy from renewable sources in each
Member State's gross final consumption of energy shall not be lower than that shown in the
third column of the table in part A of Annex I. Member States shall take the necessary
measures to ensure compliance with this baseline.
4. The Commission shall support the high ambition of Member States through an enabling
framework comprising the enhanced use of Union funds, in particular financial instruments,
especially in view of reducing the cost of capital for renewable energy projects.
5. In case the Commission finds in the context of the assessment of the Integrated National
Energy and Climate Plans in accordance with Article 25 of Regulation [Governance] that the
Union trajectory is not collectively met or that the baseline referred to in Paragraph 3 is not
maintained, Article 27(4) of that Regulation shall apply.
Article 4
Financial support for electricity from renewable sources
1. Subject to State aid rules, in order to reach the Union target set in Article 3(1), Member
States may apply support schemes. Support schemes for electricity from renewable sources
shall be designed so as to avoid unnecessary distortions of electricity markets and ensure that
producers take into account the supply and demand of electricity as well as possible grid
constraints.
2. Support for electricity from renewable sources shall be designed so as to integrate
electricity from renewable sources in the electricity market and ensure that renewable energy
producers are responding to market price signals and maximise their market revenues.
3. Member States shall ensure that support for renewable electricity is granted in an open,
transparent, competitive, non-discriminatory and cost-effective manner.
4. Member States shall assess the effectiveness of their support for electricity from renewable
sources at least every four years. Decisions on the continuation or prolongation of support and
design of new support shall be based on the results of the assessments.
Article 5
Opening of support schemes for renewable electricity
1. Member States shall open support for electricity generated from renewable sources to
generators located in other Member States under the conditions laid down in this Article.
2. Member States shall ensure that support for at least 10% of the newly-supported capacity in
each year between 2021 and 2025 and at least 15% of the newly-supported capacity in each
year between 2026 and 2030 is open to installations located in other Member States.
3. Support schemes may be opened to cross-border participation through, inter alia, opened
tenders, joint tenders, opened certificate schemes or joint support schemes. The allocation of
renewable electricity benefiting from support under opened tenders, joint tenders or opened
certificate schemes towards Member States respective contributions shall be subject to a
cooperation agreement setting out rules for the cross-border disbursement of funding,
following the principle that energy should be counted towards the Member State funding the
installation.

EN

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EN

4. The Commission shall assess by 2025 the benefits on the cost-effective deployment of
renewable electricity in the Union of provisions set out in this Article. On the basis of this
assessment, the Commission may propose to increase the percentages set out in paragraph 2.
Article 6
Stability of financial support
Without prejudice to adaptations necessary to comply with State aid rules, Member States
shall ensure that the level of, and the conditions attached to, the support granted to renewable
energy projects are not revised in a way that negatively impacts the rights conferred
thereunder and the economics of supported projects.
2009/28/EC
Article 4
National renewable energy action plans
1. Each Member State shall adopt a national renewable energy action plan. The national
renewable energy action plans shall set out Member States’ national targets for the share of
energy from renewable sources consumed in transport, electricity and heating and cooling in
2020, taking into account the effects of other policy measures relating to energy efficiency on
final consumption of energy, and adequate measures to be taken to achieve those national
overall targets, including cooperation between local, regional and national authorities, planned
statistical transfers or joint projects, 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 13 to 19.
By 30 June 2009, the Commission shall adopt a template for the national renewable energy
action plans. That template shall comprise the minimum requirements set out in Annex VI.
Member States shall comply with that template in the presentation of their national renewable
energy action plans.
2. Member States shall notify their national renewable energy action plans to the Commission
by 30 June 2010.
3. Each Member State shall publish and notify to the Commission, six months before its
national renewable energy action plan is due, a forecast document indicating:
(a) its estimated excess production of energy from renewable sources compared to
the indicative trajectory which could be transferred to other Member States in
accordance with Articles 6 to 11, as well as its estimated potential for joint projects,
until 2020; and
(b) its estimated demand for energy from renewable sources to be satisfied by means
other than domestic production until 2020.
That information may include elements relating to cost and benefits and financing. That
forecast shall be updated in the reports of the Member States as set out in Article 22(1)(l) and
(m).
4. A Member State whose share of energy from renewable sources fell below the indicative
trajectory in the immediately preceding two-year period set out in part B of Annex I, shall
submit an amended national renewable energy action plan to the Commission by 30 June of

EN

69

EN

the following year, setting out adequate and proportionate measures to rejoin, within a
reasonable timetable, the indicative trajectory in part B of Annex I.
The Commission may, if the Member State has not met the indicative trajectory by a limited
margin, and taking due account of the current and future measures taken by the Member State,
adopt a decision to release the Member State from the obligation to submit an amended
national renewable energy action plan.
5. The Commission shall evaluate the national renewable energy action plans, notably the
adequacy of the measures envisaged by the Member State in accordance with Article 3(2). In
response to a national renewable energy action plan or to an amended national renewable
energy action plan, the Commission may issue a recommendation.
6. The Commission shall send to the European Parliament the national renewable energy
action plans and the forecast documents in the form as made public on the transparency
platform as referred to in Article 24(2), as well as any recommendation as referred to in
paragraph 5 of this Article.
2009/28/EC
new
Article 57
Calculation of the share of energy from renewable sources
1. The gross final consumption of energy from renewable sources in each Member State shall
be calculated as the sum of:
(a) gross final consumption of electricity from renewable energy sources;
(b) gross final consumption of energy from renewable sources for heating and
cooling; and
(c) final consumption of energy from renewable sources in transport.
Gas, electricity and hydrogen from renewable energy sources shall be considered only once in
point (a), (b), or (c) of the first subparagraph, for calculating the share of gross final
consumption of energy from renewable sources.
Subject to the second subparagraph of Article 17 26 (1), biofuels, and bioliquids
and
biomass fuels  that do not fulfil the sustainability
and greenhouse gas emissions
saving  criteria set out in Article 2617(2) to (6) (7) shall not be taken into account.
new
For the calculation of a Member State's gross final consumption of energy from renewable
energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels
consumed in transport, if produced from food or feed crops, shall be no more than 7% of final
consumption of energy in road and rail transport in that Member State. This limit shall be
reduced to 3,8% in 2030 following the trajectory set out in part A of Annex X. Member States
may set a lower limit and may distinguish between different types of biofuels, bioliquids and
biomass fuels produced from food and feed crops, for instance by setting a lower limit for the
contribution from food or feed crop based biofuels produced from oil crops, taking into
account indirect land use change.

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2009/28/EC (adapted)
new
2. Where a Member State considers that, due to force majeure, it is impossible for it to meet
its share of energy from renewable sources in gross final consumption of energy in 2020 set
out in the third column of the table in Annex I, it shall inform the Commission accordingly as
soon as possible. The Commission shall adopt a decision on whether force majeure has been
demonstrated. In the event that the Commission decides that force majeure has been
demonstrated, it shall determine what adjustment shall be made to the Member State’s gross
final consumption of energy from renewable sources for the year 2020.
32. For the purposes of paragraph 1(a), gross final consumption of electricity from renewable
energy sources shall be calculated as the quantity of electricity produced in a Member State
from renewable energy sources,
including the production of electricity from renewable
self-consumers and energy communities and  excluding the production of electricity in
pumped storage units from water that has previously been pumped uphill.
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 and wind power shall be accounted for in accordance
with the normalisation rules set out in Annex II.
43. For the purposes of paragraph 1(b), the gross final consumption of energy from renewable
sources for heating and cooling shall be calculated as the quantity of district heating and
cooling produced in a Member State from renewable sources, plus the consumption of other
energy from renewable sources in industry, households, services, agriculture, forestry and
fisheries, for heating, cooling and processing purposes.
In multi-fuel plants using renewable and conventional sources, only the part of heating and
cooling 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.
Ambient  Aerothermal, geothermal and hydrothermal heat energy captured by heat
pumps shall be taken into account for the purposes of paragraph 1(b) provided that the final
energy output significantly exceeds the primary energy input required to drive the heat
pumps. The quantity of heat to be considered as energy from renewable sources for the
purposes of this Directive shall be calculated in accordance with the methodology laid down
in Annex VII.
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 nonrenewable sources, shall not be taken into account for the purposes of paragraph 1(b).
new
4. For the purposes of paragraph 1(c), the following provisions shall apply:
(a) The gross final consumption of energy from renewable sources in transport shall be
calculated as the sum of all biofuels, biomass fuels and renewable liquid and gaseous
transport fuels of non-biological origin consumed in the transport sector. However, renewable

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liquid and gaseous transport fuels of non-biological origin that are produced from renewable
electricity shall only be considered to be part of the calculation pursuant to paragraph 1(a)
when calculating the quantity of electricity produced in a Member State from renewable
energy sources.
(b) For the calculation of gross final consumption of energy in transport the values regarding
the energy content of transport fuels, as set out in Annex III, shall be used.
5. With a view to minimising the risk of single consignments being claimed more than once in
the Union, Member States and the Commission shall strengthen cooperation among national
systems and between national systems and voluntary schemes established pursuant to Article
27, including where appropriate the exchange of data.
The Commission is empowered to adopt delegated acts in accordance with Article 32 to
amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not
to remove them. Each delegated act shall be based on an analysis of the latest scientific and
technical progress, taking due account of the principles of the waste hierarchy established in
Directive 2008/98/EC, in compliance with the Union sustainability criteria, supporting the
conclusion that the feedstock in question does not create an additional demand for land and
promoting the use of wastes and residues, while avoiding significant distortive effects on
markets for (by-)products, wastes or residues, delivering substantial greenhouse gas emission
savings compared to fossil fuels, and not creating risk of negative impacts on the environment
and biodiversity.
Every 2 years, the Commission shall carry out an evaluation of the list of feedstocks in parts
A and B of Annex IX in order to add feedstocks, in line with the principles set out in this
paragraph. The first evaluation shall be carried out no later than 6 months after [date of entry
into force of this Directive]. If appropriate, the Commission shall adopt delegated acts to
amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not
to remove them.
2015/1513 Art. 2.3 (adapted)
56. The Commission shall be ⌦ is ⌫ empowered to adopt delegated acts in accordance with
Article 25a 32 concerning the adaptation of the energy content of transport fuels, as set out in
Annex III, to scientific and technical progress.
2009/28/EC (adapted)
67. The share of energy from renewable sources shall be calculated as the gross final
consumption of energy from renewable sources divided by the gross final consumption of
energy from all energy sources, expressed as a percentage.
For the purposes of the first subparagraph, the sum referred to in paragraph 1 shall be adjusted
in accordance with Articles 6, 8, 10 and 11 8, 10, 12 and 13 .
In calculating a Member State’s gross final energy consumption for the purpose of measuring
its compliance with the targets and indicative trajectory laid down in this Directive, the
amount of energy consumed in aviation shall, as a proportion of that Member State’s gross
final consumption of energy, be considered to be no more than 6,18 %. For Cyprus and Malta
the amount of energy consumed in aviation shall, as a proportion of those Member States’
gross final consumption of energy, be considered to be no more than 4,12 %.

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78. The methodology and definitions used in the calculation of the share of energy from
renewable sources shall be those of Regulation (EC) No 1099/2008 of the European
Parliament and of the Council of 22 October 2008 on energy statistics41.
Member States shall ensure coherence of statistical information used in calculating those
sectoral and overall shares and statistical information reported to the Commission under
Regulation (EC) No 1099/2008.
Article 68
Statistical transfers between Member States
2015/1513 Art. 2.4 (adapted)
new
1. Member States may agree on and may make arrangements for the statistical transfer of a
specified amount of energy from renewable sources from one Member State to another
Member State. The transferred quantity shall be:
(a) deducted from the amount of energy from renewable sources that is taken into
account in measuring
the renewable energy share of  compliance by the
Member State making the transfer for the purposes of this Directive  with the
requirements of Article 3(1), (2) and (4); and
(b) added to the amount of energy from renewable sources that is taken into account
in measuring compliance by another
the renewable energy share of  Member
State accepting the transfer with the requirements of Article 3(1), (2) and (4) for
the purposes of this Directive .
2. The arrangements referred to in paragraph 1 of this Article in respect of Article 3(1), (2)
and (4) may have a duration of one or more years. They shall be notified to the Commission
not later than three twelve  months after the end of each year in which they have effect.
The information sent to the Commission shall include the quantity and price of the energy
involved.
2009/28/EC (adapted)
new
3. Transfers shall become effective only after all Member States involved in the transfer have
notified the transfer to the Commission.
Article 79
Joint projects between Member States
1. Two or more Member States may cooperate on all types of joint projects relating to the
production of electricity, heating or cooling from renewable energy sources. That cooperation
may involve private operators.
2. Member States shall notify the Commission of the proportion or amount of electricity,
heating or cooling from renewable energy sources produced by any joint project in their
territory, that became operational after 25 June 2009, or by the increased capacity of an
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OJ L 304, 14.11.2008, p. 1.

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installation that was refurbished after that date, which is to be regarded as counting towards
the national overall target
renewable energy share  of another Member State for the
purposes of measuring compliance with the requirements of this Directive.
3. The notification referred to in paragraph 2 shall:
(a) describe the proposed installation or identify the refurbished installation;
(b) specify the proportion or amount of electricity or heating or cooling produced
from the installation which is to be regarded as counting towards the national overall
target renewable energy share  of another Member State;
(c) identify the Member State in whose favour the notification is being made; and
(d) specify the period, in whole calendar years, during which the electricity or
heating or cooling produced by the installation from renewable energy sources is to
be regarded as counting towards the national overall target
renewable energy
share  of the other Member State.
4. The period specified under paragraph 3(d) shall not extend beyond 2020. The duration of a
joint project may extend beyond 2020 2030  .
5. A notification made under this Article shall not be varied or withdrawn without the joint
agreement of the Member State making the notification and the Member State identified in
accordance with paragraph 3(c).
Article 810
Effects of joint projects between Member States
1. Within three months of the end of each year falling within the period specified under
Article 7 9 (3)(d), the Member State that made the notification under Article 79 shall issue a
letter of notification stating:
(a) the total amount of electricity or heating or cooling produced during the year
from renewable energy sources by the installation which was the subject of the
notification under Article 7 9; and
(b) the amount of electricity or heating or cooling produced during the year from
renewable energy sources by that installation which is to count towards the national
overall target renewable energy share  of another Member State in accordance
with the terms of the notification.
2. The notifying Member State shall send the letter of notification to the Member State in
whose favour the notification was made and to the Commission.
3. For the purposes of measuring target compliance with the requirements of this Directive
concerning national overall targets, the amount of electricity or heating or cooling from
renewable energy sources notified in accordance with paragraph 1(b) shall be:
(a) deducted from the amount of electricity or heating or cooling from renewable
energy sources that is taken into account, in measuring compliance by
the
renewable energy share of  the Member State issuing the letter of notification
under paragraph 1; and
(b) added to the amount of electricity or heating or cooling from renewable energy
sources that is taken into account, in measuring compliance by
the renewable
energy share of  compliance by the Member State receiving the letter of
notification in accordance with paragraph 2.

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Article 9 11
Joint projects between Member States and third countries
1. One or more Member States may cooperate with one or more third countries on all types of
joint projects regarding the production of electricity from renewable energy sources. Such
cooperation may involve private operators.
2. Electricity from renewable energy sources produced in a third country shall be taken into
account only for the purposes of measuring compliance with the requirements of this
Directive concerning national overall targets Member States' renewable energy shares  if
the following conditions are met:
(a) the electricity is consumed in the Community ⌦ Union. This ⌫ , a requirement
that is deemed to be met where:
(i) an equivalent amount of electricity to the electricity accounted for has been
firmly nominated to the allocated interconnection capacity by all responsible
transmission system operators in the country of origin, the country of
destination and, if relevant, each third country of transit;
(ii) an equivalent amount of electricity to the electricity accounted for has been
firmly registered in the schedule of balance by the responsible transmission
system operator on the Community ⌦ Union ⌫ side of an interconnector;
and
(iii) the nominated capacity and the production of electricity from renewable
energy sources by the installation referred to in paragraph 2(b) refer to the
same period of time;
(b) the electricity is produced by a newly constructed installation that became
operational after 25 June 2009 or by the increased capacity of an installation that was
refurbished after that date, under a joint project as referred to in paragraph 1; and
(c) the amount of electricity produced and exported has not received support from a
support scheme of a third country other than investment aid granted to the
installation.
3. Member States may apply to the Commission, for the purposes of Article 57, for account to
be taken of electricity from renewable energy sources produced and consumed in a third
country, in the context of the construction of an interconnector with a very long lead-time
between a Member State and a third country if the following conditions are met:
(a) construction of the interconnector started by 31 December

2026  2016;

(b) it is not possible for the interconnector to become operational by 31 December
2030  2020;
(c) it is possible for the interconnector to become operational by 31 December
2032  2022;
(d) after it becomes operational, the interconnector will be used for the export to the
Community ⌦ Union ⌫ , in accordance with paragraph 2, of electricity generated
from renewable energy sources;
(e) the application relates to a joint project that fulfils the criteria in points (b) and (c)
of paragraph 2 and that will use the interconnector after it becomes operational, and
to a quantity of electricity that is no greater than the quantity that will be exported to
the Community ⌦ Union ⌫ after the interconnector becomes operational.

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4. The proportion or amount of electricity produced by any installation in the territory of a
third country, which is to be regarded as counting towards the national overall target
energy share  of one or more Member States for the purposes of
this Directive 
measuring compliance with Article 3, shall be notified to the Commission. When more than
one Member State is concerned, the distribution between Member States of this proportion or
amount shall be notified to the Commission. This proportion or amount shall not exceed the
proportion or amount actually exported to, and consumed in, the Community ⌦ Union ⌫ ,
corresponding to the amount referred to in paragraph 2(a)(i) and (ii) of this Article and
meeting the conditions as set out in its paragraph (2)(a). The notification shall be made by
each Member State towards whose overall national target the proportion or amount of
electricity is to count.
5. The notification referred to in paragraph 4 shall:
(a) describe the proposed installation or identify the refurbished installation;
(b) specify the proportion or amount of electricity produced from the installation
which is to be regarded as counting towards the national target renewable energy
share  of a Member State as well as, subject to confidentiality requirements, the
corresponding financial arrangements;
(c) specify the period, in whole calendar years, during which the electricity is to be
regarded as counting towards the national overall target renewable energy share 
of the Member State; and
(d) include a written acknowledgement of points (b) and (c) by the third country in
whose territory the installation is to become operational and the proportion or
amount of electricity produced by the installation which will be used domestically by
that third country.
6. The period specified under paragraph 5(c) shall not extend beyond 2020. The duration of a
joint project may extend beyond 2020 2030  .
7. A notification made under this Article may not be varied or withdrawn without the joint
agreement of the Member State making the notification and the third country that has
acknowledged the joint project in accordance with paragraph 5(d).
8. Member States and the Community ⌦ Union ⌫ shall encourage the relevant bodies of
the Energy Community Treaty to take, in conformity with the Energy Community Treaty, the
measures which are necessary so that the Contracting Parties to that Treaty can apply the
provisions on cooperation laid down in this Directive between Member States.
Article 1012
Effects of joint projects between Member States and third countries
1. Within twelve  three months of the end of each year falling within the period specified
under Article 9 11 (5)(c), the Member State having made the notification under Article 9 11
shall issue a letter of notification stating:
(a) the total amount of electricity produced during that year from renewable energy
sources by the installation which was the subject of the notification under Article 9
11 ;
(b) the amount of electricity produced during the year from renewable energy
sources by that installation which is to count towards its national overall target

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renewable energy share  in accordance with the terms of the notification under
Article 9 11 ; and
(c) proof of compliance with the conditions set out in Article 9 11 (2).
2. The Member State shall send the letter of notification to the third country which has
acknowledged the project in accordance with Article 9 11 (5)(d) and to the Commission.
3. For the purposes of measuring target compliance with the requirements of this Directive
concerning
calculating the  national overall
renewable energy shares under this
Directive  targets, the amount of electricity produced from renewable energy sources
notified in accordance with paragraph 1(b) shall be added to the amount of energy from
renewable sources that is taken into account, in measuring
the renewable energy shares
of  compliance by the Member State issuing the letter of notification.
Article 1113
Joint support schemes
1. Without prejudice to the obligations of Member States under Article 3 5, two or more
Member States may decide, on a voluntary basis, to join or partly coordinate their national
support schemes. In such cases, a certain amount of energy from renewable sources produced
in the territory of one participating Member State may count towards the national overall
target
renewable energy share  of another participating Member State if the Member
States concerned:
(a) make a statistical transfer of specified amounts of energy from renewable sources
from one Member State to another Member State in accordance with Article 6 8; or
(b) set up a distribution rule agreed by participating Member States that allocates
amounts of energy from renewable sources between the participating Member States.
Such a rule shall be notified to the Commission no later than three months after the
end of the first year in which it takes effect.
2. Within three months of the end of each year each Member State having made a notification
under paragraph 1(b) shall issue a letter of notification stating the total amount of electricity
or heating or cooling from renewable energy sources produced during the year which is to be
the subject of the distribution rule.
3. For the purposes of measuring compliance with the requirements of this Directive
concerning
calculating the  national overall
renewable energy shares under this
Directive  targets, the amount of electricity or heating or cooling from renewable energy
sources notified in accordance with paragraph 2 shall be reallocated between the concerned
Member States in accordance with the notified distribution rule.
Article 1214
Capacity increases
For the purpose of Article 7 9 (2) and Article 9 11 (2)(b), units of energy from renewable
sources imputable to an increase in the capacity of an installation shall be treated as if they
were produced by a separate installation becoming operational at the moment at which the
increase of capacity occurred.

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2009/28/EC (adapted)
Article 1315
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 and associated transmission
and distribution network infrastructures for the production of electricity, heating or cooling
from renewable energy sources, and to the process of transformation of biomass into biofuels
or other energy products, are proportionate and necessary.
Member States shall, in particular, take the appropriate steps to ensure that:
(a) subject to differences between Member States in their administrative structures
and organisation, the respective responsibilities of national, regional and local
administrative bodies for authorisation, certification and licensing procedures
including spatial planning are clearly coordinated and defined, with transparent
timetables for determining planning and building applications;
(b) comprehensive information on the processing of authorisation, certification and
licensing applications for renewable energy installations and on available assistance
to applicants are made available at the appropriate level;
(a) (c) administrative procedures are streamlined and expedited at the appropriate
administrative level;
(b) (d) rules governing authorisation, certification and licensing are objective,
transparent, proportionate, do not discriminate between applicants and take fully into
account the particularities of individual renewable energy technologies;
(c) (e) administrative charges paid by consumers, planners, architects, builders and
equipment and system installers and suppliers are transparent and cost-related; and
(d) (f) simplified and less burdensome authorisation procedures, including through
simple notification if allowed by the applicable regulatory framework, are
established for smaller projects and for decentralised devices for producing energy
from renewable sources, where appropriate.
2. 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 and should not impede the
operation of the internal market.
new
3. Member States shall ensure that investors have sufficient predictability of the planned
support for energy from renewable sources. To this aim, Member States shall define and
publish a long-term schedule in relation to expected allocation for support, covering at least
the following 3 years and including for each scheme the indicative timing, the capacity, the

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budget expected to be allocated, as well as a consultation of stakeholders on the design of the
support.
2009/28/EC Article 13
(adapted)
new
43. Member States shall recommend to all actors, in particular local and regional
administrative bodies to ensure equipment and systems are installed for the use of electricity,
heating and cooling from renewable energy sources and for district heating and cooling
ensure that their competent authorities at national, regional and local level include
provisions for the integration and deployment of renewable energy and the use of unavoidable
waste heat or cold  when planning, designing, building and renovating
urban
infrastructure,  industrial or residential areas
and energy infrastructure, including
electricity, district heating and cooling, natural gas and alternative fuel networks . Member
States shall, in particular, encourage local and regional administrative bodies to include
heating and cooling from renewable energy sources in the planning of city infrastructure,
where appropriate.
54. Member States shall introduce in their building regulations and codes appropriate
measures in order to increase the share of all kinds of energy from renewable sources in the
building sector.
In establishing such measures or in their regional support schemes, Member States may take
into account national measures relating to substantial increases in energy efficiency and
relating to cogeneration and to passive, low or zero-energy buildings.
By 31 December 2014, Member States shall, in their building regulations and codes or by
other means with equivalent effect, where appropriate, require the use of minimum levels of
energy from renewable sources in new buildings and in existing buildings that are subject to
major renovation , reflecting the results of the cost-optimal calculation carried out pursuant
to Article 5(2) of Directive 2010/31/EU.  Member States shall permit those minimum levels
to be fulfilled, inter alia, through district heating and cooling produced using a significant
proportion of renewable energy sources.
The requirements of the first subparagraph shall apply to the armed forces, only to the extent
that its application does not cause any conflict with the nature and primary aim of the
activities of the armed forces and with the exception of material used exclusively for military
purposes.
65. Member States shall ensure that new public buildings, and existing public buildings that
are subject to major renovation, at national, regional and local level fulfil an exemplary role in
the context of this Directive from 1 January 2012 onwards. Member States may, inter alia,
allow that obligation to be fulfilled by complying with standards for zero energy housing, or
by providing that the roofs of public or mixed private-public buildings are used by third
parties for installations that produce energy from renewable sources.
76. 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 Community ⌦ Union ⌫ level,
where these exist, as the basis for encouraging such systems and equipment.

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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 those that fulfil the minimum
requirements of eco-labelling established in Commission Decision 2007/742/EC of 9
November 2007 establishing the ecological criteria for the award of the Community eco-label
to electrically driven, gas driven or gas absorption heat pumps42.
In the case of solar thermal energy, Member States shall promote certified equipment and
systems based on European standards where these exist, including eco-labels, energy labels
and other technical reference systems established by the European standardisation bodies.
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, in their absence,
international procedures if such procedures exist.
new
8. Member States shall carry out an assessment of their potential of renewable energy sources
and of the use of waste heat and cold for heating and cooling. That assessment shall be
included in the second comprehensive assessment required pursuant to Article 14(1) of
Directive 2012/27/EU for the first time by 31 December 2020 and in the updates of the
comprehensive assessments thereafter.
9. Member States shall remove administrative barriers to corporate long-term power purchase
agreements to finance renewables and facilitate their uptake.
Article 16
Organisation and duration of the permit granting process
1. By 1 January 2021 Member States shall set up one or more single administrative contact
points which will coordinate the entire permit granting process for applicants for permits to
build and operate plants and associated transmission and distribution network infrastructures
for the production of energy from renewable energy sources.
2. The single administrative contact point shall guide the applicant through the application
process in a transparent manner, provide the applicant with all necessary information,
coordinate and involve, where appropriate, other authorities, and deliver a legally binding
decision at the end of the process.
3. The single administrative contact point, in collaboration with transmission and distribution
system operators, shall publish a manual of procedures for renewable project developers,
including for small scale projects and renewable self-consumers projects.
4. The permit granting process referred to in paragraph 1 shall not exceed a period of three
years, except for the cases set out in Article 16(5) and Article 17.
5. Member States shall facilitate the repowering of existing renewable energy plants by, inter
alia, ensuring a simplified and swift permit granting process, which shall not exceed one year
from the date on which the request for repowering is submitted to the single administrative
contact point.

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OJ L 301, 20.11.2007, p. 14.

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Article 17
Simple notification procedures
1. Demonstration projects and installations with an electricity capacity of less than 50 kW
shall be allowed to connect to the grid following a notification to the distribution system
operator.
2. Repowering shall be allowed following a notification to the single administrative contact
point established in accordance with Article 16, where no singificant negative environmental
or social impact is expected. The single administrative contact point shall decide within six
months of the receipt of the notification if this is sufficient.
Where the single administrative contact point decides that the notification is sufficient, it shall
automatically grant the permit.
Where the single administrative contact pointdecides that the notification is not sufficient, it
shall be necessary to apply for a new permit. In this case the time limits referred to in Article
16(5) apply.
2009/28/EC (adapted)
new
Article 1418
Information and training
1. Member States shall ensure that information on support measures is made available to all
relevant actors, such as consumers, builders, installers, architects, and suppliers of heating,
cooling and electricity equipment and systems and of vehicles compatible with the use of
energy from renewable sources.
2. 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
energy sources is made available either by the supplier of the equipment or system or by the
national competent authorities.
3. Member States shall ensure that certification schemes or equivalent qualification schemes
become or are available by 31 December 2012 for installers of small-scale biomass boilers
and stoves, solar photovoltaic and solar thermal systems, shallow geothermal systems and
heat pumps. Those schemes may take into account existing schemes and structures as
appropriate, and 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 those
criteria.
4. Member States shall make available to the public information on certification schemes or
equivalent qualification schemes as referred to in paragraph 3. Member States may also make
available the list of installers who are qualified or certified in accordance with the provisions
referred to in paragraph 3.
5. Member States shall ensure that guidance is made available to all relevant actors, notably
for planners and architects so that they are able properly to consider the optimal combination
of renewable energy sources, of high-efficiency technologies and of district heating and
cooling when planning, designing, building and renovating industrial,
commercial  or
residential areas.

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6. Member States, with the participation of local and regional authorities, shall develop
suitable information, awareness-raising, guidance or training programmes in order to inform
citizens of the benefits and practicalities of developing and using energy from renewable
sources.
2009/28/EC (adapted)
new
Article 1519
Guarantees of origin of electricity, heating and cooling produced from renewable energy
sources
1. For the purposes of proving to final customers the share or quantity of energy from
renewable sources in an energy supplier’s energy mix
and in the energy supplied to
consumers under contracts marketed with reference to the consumption of energy from
renewable sources  in accordance with Article 3(6) of Directive 2003/54/EC, Member
States shall ensure that the origin of electricity ⌦ energy ⌫ produced from renewable
energy sources can be guaranteed as such within the meaning of this Directive, in accordance
with objective, transparent and non-discriminatory criteria.
2. To that end, Member States shall ensure that a guarantee of origin is issued in response to a
request from a producer of electricity ⌦ energy ⌫ from renewable energy sources. Member
States may arrange for guarantees of origin to be issued
for non-renewable energy
sources.  in response to a request from producers of heating and cooling from renewable
energy sources. Such an arrangement
Issuance of guarantees of origin  may be made
subject to a minimum capacity limit. 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 unit of energy
produced.
Member States shall ensure that the same unit of energy from renewable sources is taken into
account only once.
Member States may provide
shall ensure  that no support be granted
guarantees of
origin are issued  to a producer when that producer receives
financial support from a
support scheme  a guarantee of origin for the same production of energy from renewable
sources.
Member States shall issue such guarantees of origin and transfer them to the
market by auctioning them. The revenues raised as a result of the auctioning shall be used to
offset the costs of renewables support. 
The guarantee of origin shall have no function in terms of a Member State’s compliance with
Article 3. Transfers of guarantees of origin, separately or together with the physical transfer of
energy, shall have no effect on the decision of Member States to use statistical transfers, joint
projects or joint support schemes for target compliance or on the calculation of the gross final
consumption of energy from renewable sources in accordance with Article 5 7.
3. Any use of a guarantee of origin shall take place within 12 months of production of the
corresponding energy unit. A guarantee of origin shall be cancelled once it has been used.
new
3. For the purposes of paragraph 1, guarantees of origin shall be valid with respect to the
calendar year in which the energy unit is produced. Six months after the end of each calendar

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year, Member States shall ensure that all guarantees of origin from the previous calendar year
that have not been cancelled shall expire. Expired guarantees of origin shall be included by
Member States in the calculation of the residual energy mix.
4. For the purposes of disclosure referred to in paragraphs 8 and 13, Member States shall
ensure that guarantees of origin are cancelled by energy companies by 30 June of the year
following the calendar year in relation to which the guarantees of origin are issued.
2009/28/EC
new
45. Member States or designated competent bodies shall supervise the issuance, transfer and
cancellation of guarantees of origin. The designated competent bodies shall have nonoverlapping geographical responsibilities, and be independent of production, trade and supply
activities.
56. Member States or the designated competent bodies shall put in place appropriate
mechanisms to ensure that guarantees of origin shall be issued, transferred and cancelled
electronically and are accurate, reliable and fraud-resistant. Member States and designated
competent bodies shall ensure that their requirements are compliant with the standard CEN EN 16325. 
67. A guarantee of origin shall specify at least:
(a) the energy source from which the energy was produced and the start and end
dates of production;
(b) whether it relates to:
(i) electricity; or
new
(ii) gas, or
2009/28/EC
(iiiii) heating or cooling;
(c) the identity, location, type and capacity of the installation where the energy was
produced;
(d) whether and to what extent the installation has benefited from investment
support, whether and to what extent the unit of energy has benefited in any other way
from a national support scheme, and the type of support scheme;
(e) the date on which the installation became operational; and
(f) the date and country of issue and a unique identification number.
new
Simplified information may be specified on guarantees of origin from small scale
installations.

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2009/28/EC (adapted)
new
87. Where an electricity supplier is required to prove the share or quantity of energy from
renewable sources in its energy mix for the purposes of Article 3(69) of Directive
2003/54/EC2009/72/EC, it may
shall  do so by using its guarantees of origin.
Likewise, guarantees of origin created pursuant to Article 14(10) of Directive 2012/27/EC
shall be used to substantiate any requirement to prove the quantity of electricity produced
from high-efficiency cogeneration. Member States shall ensure that transmission losses are
fully taken into account when guarantees of origin are used to demonstrate consumption of
renewable energy or electricity from high efficiency cogeneration. 
8. The amount of energy from renewable sources corresponding to guarantees of origin
transferred by an electricity supplier to a third party shall be deducted from the share of
energy from renewable sources in its energy mix for the purposes of Article 3(6) of Directive
2003/54/EC.
9. Member States shall recognise guarantees of origin issued by other Member States in
accordance with this Directive exclusively as proof of the elements referred to in paragraph 1
and paragraph 67 (a) to (f). A Member State may refuse to recognise a guarantee of origin
only when it has well-founded doubts about its accuracy, reliability or veracity. The Member
State shall notify the Commission of such a refusal and its justification.
10. If the Commission finds that a refusal to recognise a guarantee of origin is unfounded, the
Commission may adopt a decision requiring the Member State in question to recognise it.
new
11. Member States shall not recognise guarantees of origins issued by a third country except
where the Commission has signed an agreement with that third country on mutual recognition
of guarantees of origin issued in the Union and compatible guarantees of origin systems
established in that country, where there is direct import or export of energy. The Commission
is empowered to adopt delegated acts in accordance with Article 32 to enforce these
agreements.
2009/28/EC (adapted)
new
1112. A Member State may introduce, in conformity with Community ⌦ Union ⌫ law,
objective, transparent and non-discriminatory criteria for the use of guarantees of origin in
complying with the obligations laid down in Article 3(69) of Directive 2003/54/EC
2009/72/EC.
1213. Where energy suppliers market energy from renewable sources
or high-efficiency
cogeneration  to consumers customers with a reference to environmental or other benefits of
energy from renewable sources
or from high-efficiency cogeneration  , Member States
may
shall  require those energy suppliers to make available, in summary form,
information on use guarantees of origin to disclose  the amount or share of energy from
renewable sources or from high efficiency cogeneration  that comes from installations or
increased capacity that became operational after 25 June 2009.

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new
14. The Commission is empowered to adopt delegated acts in accordance with Article 32
establishing the rules to monitor the functioning of the system set out in this Article.
2009/28/EC (adapted)
new
Article 1620
Access to and operation of the grids
1. Member States shall take the appropriate steps to develop transmission and distribution grid
infrastructure, intelligent networks, storage facilities and the electricity system, in order to
allow the secure operation of the electricity system as it accommodates the further
development of electricity production from renewable energy sources, including
interconnection between Member States and between Member States and third countries.
Member States shall also take appropriate steps to accelerate authorisation procedures for grid
infrastructure and to coordinate approval of grid infrastructure with administrative and
planning procedures.
2. Subject to requirements relating to the maintenance of the reliability and safety of the grid,
based on transparent and non-discriminatory criteria defined by the competent national
authorities:
(a) 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;
(b) Member States shall also provide for either priority access or guaranteed access
to the grid-system of electricity produced from renewable energy sources;
(c) Member States shall ensure that when dispatching electricity generating
installations, transmission system operators shall give priority to generating
installations using renewable energy sources in so far as the secure operation of the
national electricity system permits and based on transparent and non-discriminatory
criteria. Member States shall ensure that appropriate grid and market-related
operational measures are taken in order to minimise the curtailment of electricity
produced from renewable energy sources. If significant measures are taken to curtail
the renewable energy sources in order to guarantee the security of the national
electricity system and security of energy supply, Members States shall ensure that the
responsible system operators report to the competent regulatory authority on those
measures and indicate which corrective measures they intend to take in order to
prevent inappropriate curtailments.
3. Member States shall require transmission system operators and distribution system
operators to set up and make public their standard rules relating to the bearing and sharing of
costs of technical adaptations, such as grid connections and grid reinforcements, improved
operation of the grid and rules on the non-discriminatory implementation of the grid codes,
which are necessary in order to integrate new producers feeding electricity produced from
renewable energy sources into the interconnected grid.
Those 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 those

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producers to the grid and of the particular circumstances of producers located in peripheral
regions and in regions of low population density. Those rules may provide for different types
of connection.
4. 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 the bearing and sharing of costs referred to in paragraph 3 by 30 June 2011 and every
two years thereafter to ensure the integration of new producers as referred to in that
paragraph.
5. Member States shall require transmission system operators and distribution system
operators to provide any new producer of energy from renewable sources wishing to be
connected to the system with the comprehensive and necessary information required,
including:
(a) a comprehensive and detailed estimate of the costs associated with the
connection;
(b) a reasonable and precise timetable for receiving and processing the request for
grid connection;
(c) a reasonable indicative timetable for any proposed grid 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.
6. 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.
7. Member States shall ensure that the charging of transmission and distribution tariffs 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 the
charging of transmission and distribution tariffs does not discriminate against gas from
renewable energy sources.
8. Member States shall ensure that tariffs 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 lowvoltage grid.
91. Where relevant, Member States shall assess the need to extend existing gas network
infrastructure to facilitate the integration of gas from renewable energy sources.
102. Where relevant, Member States shall require transmission system operators and
distribution system operators in their territory to publish technical rules in line with Article 6
of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003
concerning the common rules for the internal market in natural gas43, in particular regarding
network connection rules that include gas quality, gas odoration and gas pressure
requirements. Member States shall also require transmission and distribution system operators

43

EN

OJ L 176, 15.7.2003, p. 57.

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to publish the connection tariffs to connect renewable gas sources based on transparent and
non-discriminatory criteria.
113 Member States in their national renewable energy action plans shall assess the necessity
to build new infrastructure for district heating and cooling produced from renewable energy
sources in order to achieve the 2020 national target referred to in Article 3(1). Subject to that
⌦ their ⌫ assessment,
included in the integrated national energy and climate plans in
accordance with Annex I of Regulation [Governance], on the necessity to build new
infrastructure for district heating and cooling produced from renewable energy sources in
order to achieve the Union target referred to in Article 3(1),  Member States shall, where
relevant, take steps with a view to developing a district heating infrastructure to accommodate
the development of heating and cooling production from large biomass, solar and geothermal
facilities.
new
Article 21
Renewable self-consumers
1. Member States shall ensure that renewable self-consumers, individually or through
aggregators:
(a) are entitled to carry out self-consumption and sell, including through power purchase
agreements, their excess production of renewable electricity without being subject to
disproportionate procedures and charges that are not cost-reflective;
(b) maintain their rights as consumers;
(c) are not considered as energy suppliers according to Union or national legislation in
relation to the renewable electricity they feed into the grid not exceeding 10 MWh for
households and 500 MWh for legal persons on an annual basis; and
(d) receive a remuneration for the self-generated renewable electricity they feed into the grid
which reflects the market value of the electricity fed in.
Member States may set a higher threshold than the one set out in point (c).
2. Member States shall ensure that renewable self-consumers living in the same multiapartment block, or located in the same commercial, or shared services, site or closed
distribution system, are allowed to jointly engage in self-consumption as if they were an
individual renewable self-consumer. In this case, the threshold set out in paragraph 1(c) shall
apply to each renewable self-consumer concerned.
3. The renewable self-consumer's installation may be managed by a third party for
installation, operation, including metering, and maintenance.
Article 22
Renewable energy communities
1. Member States shall ensure that renewable energy communities are entitled to generate,
consume, store and sell renewable energy, including through power purchase agreements,
without being subject to disproportionate procedures and charges that are not cost-reflective.
For the purposes of this Directive, a renewable energy community shall be an SME or a notfor-profit organisation, the shareholders or members of which cooperate in the generation,

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distribution, storage or supply of energy from renewable sources, fulfilling at least four out of
the following criteria:
(a) shareholders or members are natural persons, local authorities, including municipalities, or
SMEs operating in the fields or renewable energy;
(b) at least 51% of the shareholders or members with voting rights of the entity are natural
persons;
(c) at least 51% of the shares or participation rights of the entity are owned by local members,
i.e. representatives of local public and local private socio-economic interests or
citizen having a direct interest in the community activity and its impacts;
(d) at least 51% of the seats in the board of directors or managing bodies of the entity are
reserved to local members, i.e. representatives of local public and local private socioeconomic interests or citizens having a direct interest in the community activity and
its impacts;
(e) the community has not installed more than 18 MW of renewable capacity for electricity,
heating and cooling and transport as a yearly average in the previous 5 year.
2. Without prejudice to State aid rules, when designing support schemes, Member States shall
take into account the specificities of renewable energy communities.
Article 23
Mainstreaming renewable energy in the heating and cooling installations
1. In order to facilitate the penetration of renewable energy in the heating and cooling sector,
each Member State shall endeavour to increase the share of renewable energy supplied for
heating and cooling by at least 1 percentage point (pp) every year, expressed in terms of
national share of final energy consumption and calculated according to the methodology set
out in Article 7.
2. Member States may designate and make public, on the basis of objective and nondiscriminatory criteria, a list of measures and the implementing entities, such as fuel
suppliers, which shall contribute to the increase set out in paragraph 1.
3. The increase set out in paragraph 1 may be implemented through one or more of the
following options:
(a) physical incorporation of renewable energy in the energy and energy fuel supplied for
heating and cooling;
(b) direct mitigation measures such as installation of highly efficient renewable heating and
cooling systems in buildings or renewable energy use for industrial heating and cooling
processes;
(c) indirect mitigation measures covered by tradable certificates proving compliance with the
obligation through support to indirect mitigation measures, carried out by another economic
operator such as an independent renewable technology installer or energy service company ESCO providing renewable installation services.
4. Member States may use the established structures under the national energy efficiency
obligation schemes set out in Article 7a of Directive 2012/27/EU to implement and monitor
the measures referred to in Paragraph 2.

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5. The entities designated under paragraph 2 shall ensure that their contribution is measurable
and verifiable and shall report annually starting from 30 June 2021, to the authority
designated by the Member State, on:
(a) the total amount of energy supplied for heating and cooling;
(b) the total amount of renewable energy supplied for heating and cooling;
(c) the share of renewable energy in the total amount of energy supplied for heating and
cooling; and
(d) the type of renewable energy source.
6. Member States shall ensure that the reports referred to in paragraph 5 are subject to
verification by the competent designated authority.
Article 24
District Heating and Cooling
1. Member States shall ensure that district heating and cooling suppliers provide information
to end-consumers on their energy performance and the share of renewable energy in their
systems. Such information shall be in accordance with standards used under Directive
2010/31/EU.
2. Member States shall lay down the necessary measures to allow customers of those district
heating or cooling systems which are not 'efficient district heating and cooling' wihtin the
meaning of Article 2(41) of Directive 2012/27/EU to disconnect from the system in order to
produce heating or cooling from renewable energy sources themselves, or to switch to another
supplier of heat or cold which has access to the system referred to in paragraph 4.
3. Member States may restrict the right to disconnect or switch supplier to customers who can
prove that the planned alternative supply solution for heating or cooling results in a
significantly better energy performance. The performance assessment of the alternative supply
solution may be based on the Energy Performance Certificate as defined in Directive
2010/31/EU.
4. Member States shall lay down the necessary measures to ensure non-discriminatory access
to district heating or cooling systems for heat or cold produced from renewable energy
sources and for waste heat or cold. This non-discriminatory access shall enable direct supply
of heating or cooling from such sources to customers connected to the district heating or
cooling system by suppliers other than the operator of the district heating or cooling system.
5. An operator of a district heating or cooling system may refuse access to suppliers where the
system lacks the necessary capacity due to other supplies of waste heat or cold, of heat or cold
from renewable energy sources or of heat or cold produced by high-efficiency cogeneration.
Member States shall ensure that where such a refusal takes place the operator of the district
heating or cooling system provides relevant information to the competent authority according
to paragraph 9 on measures that would be necessary to reinforce the system.
6. New district heating or cooling systems may, upon request, be exempted from the
application of paragraph 4 for a defined period of time. The competent authority shall decide
on such exemption requests on a case-by-case basis. An exemption shall only be granted if the
new district heating or cooling system constitutes 'efficient district heating and cooling' within
the meaning of Article 2(41) of Directive 2012/27/EU and if it exploits the potential for the
use of renewable energy sources and of waste heat or cold identified in the comprehensive
assessment made in accordance with Article 14 of Directive 2012/27/EU.

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7. The right to disconnect or switch supplier may be exercised by individual customers, by
joint undertakings formed by customers or by parties acting on the behalf of customers. For
multi-apartment blocks, such disconnection may only be exercised at whole building level.
8. Member States shall require electricity distribution system operators to assess at least
biannually, in cooperation with the operators of district heating or cooling systems in their
respective area, the potential of district heating or cooling systems to provide balancing and
other system services, including demand response and storing of excess electricity produced
from renewable sources and if the use of the identified potential would be more resource- and
cost-efficient than alternative solutions.
9. Member States shall designate one or more independent authorities to ensure that the rights
of consumers and the rules for operating district heating and cooling systems in accordance
with this Article are clearly defined and enforced.
Article 25
Mainstreaming renewable energy in the transport sector
1. With effect from 1 January 2021, Member States shall require fuel suppliers to include a
minimum share of energy from advanced biofuels and other biofuels and biogas produced
from feedstock listed in Annex IX, from renewable liquid and gaseous transport fuels of nonbiological origin, from waste-based fossil fuels and from renewable electricity in the total
amount of transport fuels they supply for consumption or use on the market in the course of a
calendar year.
The minimum share shall be at least equal to 1.5% in 2021, increasing up to at least 6.8% in
2030, following the trajectory set out in part B of Annex X. Within this total share, the
contribution of advanced biofuels and biogas produced from feedstock listed in part A of
Annex IX shall be at least 0.5% of the transport fuels supplied for consumption or use on the
market as of 1 January 2021, increasing up to at least 3.6% by 2030, following the trajectory
set out in part C of Annex X.
The greenhouse gas emission savings from the use of advanced biofuels and other biofuels
and biogas produced from feedstock listed in Annex IX shall be at least 70% as of 1 January
2021.
For the calculation of the shares referred to in the second sub-paragraph, the following
provisions shall apply:
a) for the calculation of the denominator, that is the energy content of road and rail transport
fuels supplied for consumption or use on the market, petrol, diesel, natural gas, biofuels,
biogas, renewable liquid and gaseous transport fuels of non-biological origin, waste-based
fossil fuels and electricity, shall be taken into account;
b) for the calculation of the numerator, the energy content of advanced biofuels and other
biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and
gaseous transport fuels of non-biological origin, waste based fossil fuels supplied to all
transport sectors, and renewable electricity supplied to road vehicles, shall be taken into
account.
For the calculation of the numerator, the contribution from biofuels and biogas produced from
feedstock included in part B of Annex IX shall be limited to 1.7% of the energy content of
transport fuels supplied for consumption or use on the market and the contribution of fuels
supplied in the aviation and maritime sector shall be considered to be 1.2 times their energy
content.

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c) For the calculation of both numerator and denominator, the values regarding the energy
content of transport fuels, as set out in Annex III, shall be used. For the determination of the
energy content of transport fuels not included in Annex III, the Member States shall use the
respective ESOs standards for determination of calorific values of fuels. Where no ESOs
standard has been adopted for this purpose, the respective ISO standards shall be used.
2. For the purpose of paragraph 1, Member States shall set up a system allowing fuel suppliers
to transfer the obligation set out in paragraph 1 to other fuel suppliers and ensure that all
transfers are documented in the national databases referred to in paragraph 4.
3. To determine the share of renewable electricity for the purposes of paragraph 1 either the
average share of electricity from renewable energy sources in the Union or the share of
electricity from renewable energy sources in the Member State where the electricity is
supplied, as measured two years before the year in question may be used. In both cases, an
equivalent amount of guarantees of origin issued in accordance with Article 19 shall be
cancelled.
The share of renewable energy in liquid and gaseous transport fuels shall be determined on
the basis of the share of renewable energy in the total energy input used for the production of
the fuel.
For the purposes of this paragraph, the following provisions shall apply:
(a) When electricity is used for the production of renewable liquid and gaseous transport fuels
of non-biological origin, either directly or for the production of intermediate products, either
the average share of electricity from renewable energy sources in the Union or the share of
electricity from renewable energy sources in the country of production, as measured two years
before the year in question, may be used to determine the share of renewable energy. In both
cases, an equivalent amount of guarantees of origin issued in accordance with Article 19 shall
be cancelled.
However, electricity obtained from direct connection to an installation generating renewable
electricity (i) that comes into operation after or at the same time as the installation producing
the renewable liquid and gaseous transport fuel of non-biological origin and (ii) is not
connected to the grid, can be fully counted as renewable electricity for the production of that
renewable liquid and gaseous transport fuel of non-biological origin.
(b) When biomass is processed with fossil fuels in a common process, the amount of biofuel
in the product shall be established applying adequate conversion factors to the biomass input.
In case the process yields more than one product, all products stemming from the process
shall be assumed to contain the same share of biofuel. The same rules shall apply for the
purposes of Article 27(1).
4. Member States shall put in place a database enabling tracing of transport fuels that are
eligible for counting towards the numerator set out in paragraph 1, point b, and require the
relevant economic operators to enter information on the transactions made and the
sustainability characteristics of the eligible fuels, including their life cycle greenhouse gas
emissions, starting from their point of production to the fuel supplier that places the fuel on
the market.
The database shall include information on the requirement placed on fuel suppliers described
in paragraph 1 and how the requirement is fulfilled.
The national databases shall be interlinked so as to allow transactions of fuels between
Member States to be traced. In order to ensure the compatibility of national databases, the
Commission shall set out technical specifications of their content and use by means of

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implementing acts adopted in accordance with the examination procedure referred to in
Article 31.
5. Member States shall report on the aggregated information from the national databases,
including fuels' life cycle greenhouse gas emissions, in accordance with Annex VII of
Regulation [Governance].
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to
further specify the methodology referred to in paragraph 3(b) of this Article to determine the
share of biofuel resulting from biomass being processed with fossil fuels in a common
process, to specify the methodology for assessing greenhouse gas emission savings from
renewable liquid and gaseous transport fuels of non-biological origin and waste-based fossil
fuels and to determine minimum greenhouse gas emission savings required for these fuels for
the purpose of paragraph 1.
7. By 31 December 2025, in the context of the biennial assessment of progress made pursuant
to the Regulation [Governance], the Commission shall assess whether the obligation laid
down in paragraph 1 effectively stimulates innovation and promotes greenhouse gas savings
in the transport sector, and whether the applicable greenhouse gas savings requirements for
biofuels and biogas are appropriate. The Commission shall, if appropriate, present a proposal
to modify the obligation laid down in paragraph 1.
2009/28/EC (adapted)
new

Sustainability

Article 1726
and greenhouse gas emissions saving  criteria for biofuels, and
bioliquids and biomass fuels 

1. Irrespective of whether the raw materials were cultivated inside or outside the territory of
the Community, eEnergy from biofuels, and bioliquids
and biomass fuels  shall be
taken into account for the purposes referred to in points (a), (b) and (c) only if they fulfil the
sustainability criteria set out in paragraphs 2 to 6
and the greenhouse gas emissions saving
criteria set out in paragraph 7  :
(a) measuring compliance with the requirements of this Directive concerning
national targets;
contributing towards the Union target and Member States
renewable energy share ;
(b) measuring compliance with renewable energy obligations
obligations set out in Articles 23 and 25  ;

, including the

(c) eligibility for financial support for the consumption of biofuels, and
bioliquids and biomass fuels  .
However, biofuels, and bioliquids and biomass fuels  produced from waste and residues,
other than agricultural, aquaculture, fisheries and forestry residues, need only fulfil the
sustainability greenhouse gas emissions saving  criteria set out in paragraph 27 in order
to be taken into account for the purposes referred to in points (a), (b) and (c).
This
provision shall also apply to waste and residues that are first processed into a product before
being further processed into biofuels, bioliquids and biomass fuels. 

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new
Biomass fuels need to fulfil the sustainability and greenhouse gas emissions saving criteria set
out in paragraphs 2 to 7 only if used in installations producing electricity, heating and cooling
or fuels with a fuel capacity equal to or exceeding 20 MW in case of solid biomass fuels and
with an electrical capacity equal to or exceeding 0.5 MW in case of gaseous biomass fuels.
Member States may apply the sustainability and greenhouse gas emission saving criteria to
installations with lower fuel capacity.
The sustainability criteria set out in paragraphs 2 to 6 and the greenhouse gas emissions
saving criteria set out in paragraph 7 shall apply irrespectively of the geographical origin of
the biomass.
2009/28/EC Article 17
(adapted)
new
32. Biofuels, and bioliquids and biomass fuels produced from agricultural biomass  taken
into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be
made from raw material obtained from land with high biodiversity value, namely land that
had one of the following statuses in or after January 2008, whether or not the land continues
to have that status:
(a) primary forest and other wooded land, namely forest and other wooded land of
native species, where there is no clearly visible indication of human activity and the
ecological processes are not significantly disturbed;
(b) areas designated:
(i) by law or by the relevant competent authority for nature protection
purposes; or
(ii) for the protection of rare, threatened or endangered ecosystems or species
recognised by international agreements or included in lists drawn up by
intergovernmental organisations or the International Union for the
Conservation of Nature, subject to their recognition in accordance with the
firstsecond subparagraph of Article 1827(4);
unless evidence is provided that the production of that raw material did not
interfere with those nature protection purposes;
(c) highly biodiverse grassland

spanning more than one hectare  that is:

(i) natural, namely grassland that would remain grassland in the absence of
human intervention and which maintains the natural species composition and
ecological characteristics and processes; or
(ii) non-natural, namely grassland that would cease to be grassland in the
absence of human intervention and which is species-rich and not degraded
and has been identified as being highly biodiverse by the relevant competent
authority,  unless evidence is provided that the harvesting of the raw material
is necessary to preserve its grassland status ⌦ as highly biodiverse
grassland ⌫ .

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new
The Commission may establish the criteria to determine which grassland shall be covered by
point (c) of the first subparagraph, by means of implementing acts adopted in accordance with
the examination procedure referred to in Article 31(2).
2009/28/EC Article 17
(adapted)
new
4.3. Biofuels, bioliquids
and biomass fuels produced from agricultural biomass  taken
into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be
made from raw material obtained from land with high carbon stock, namely land that had one
of the following statuses in January 2008 and no longer has that status:
(a) wetlands, namely land that is covered with or saturated by water permanently or
for a significant part of the year;
(b) continuously forested areas, namely land spanning more than one hectare with
trees higher than five metres and a canopy cover of more than 30 %, or trees able to
reach those thresholds in situ;
(c) land spanning more than one hectare with trees higher than five metres and a
canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in
situ, unless evidence is provided that the carbon stock of the area before and after
conversion is such that, when the methodology laid down in part C of Annex V is
applied, the conditions laid down in paragraph 72 of this Article would be fulfilled.
The provisions of 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.
54. Biofuels, and bioliquids
and biomass fuels produced from agricultural biomass 
taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall
not be made from raw material obtained from land that was peatland in January 2008, unless
evidence is provided that the cultivation and harvesting of that raw material does not involve
drainage of previously undrained soil.
new
5. Biofuels, bioliquids and biomass fuels produced from forest biomass taken into account for
the purposes referred to in points (a), (b) and (c) of paragraph 1 shall meet the following
requirements to minimise the risk of using unsustainable forest biomass production:
(a) the country in which forest biomass was harvested has national and/or sub-national laws
applicable in the area of harvest as well as monitoring and enforcement systems in place
ensuring that:
i) harvesting is carried out in accordance to the conditions of the harvesting permit within
legally gazetted boundaries;
ii) forest regeneration of harvested areas takes place;
iii) areas of high conservation value, including wetlands and peatlands, are protected;
iv) the impacts of forest harvesting on soil quality and biodiversity are minimised; and

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v) harvesting does not exceed the long-term production capacity of the forest;
(b) when evidence referred to in the first subparagraph is not available, the biofuels,
bioliquids and biomass fuels produced from forest biomass shall be taken into account for the
purposes referred to in points (a), (b) and (c) of paragraph 1 if management systems are in
place at forest holding level to ensure that:
i) the forest biomass has been harvested according to a legal permit;
ii) forest regeneration of harvested areas takes place;
iii) areas of high conservation value, including peatlands and wetlands, are identified and
protected;
(iv) impacts of forest harvesting on soil quality and biodiversity are minimised;
(v) harvesting does not exceed the long-term production capacity of the forest.
6. Biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into
account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if the country or
regional economic integration organisation of origin of the forest biomass meets the following
LULUCF requirements:
(i) is a Party to, and has ratified, the Paris agreement;
(ii) has submitted a Nationally Determined Contribution (NDC) to the United Nations
Framework Convention on Climate Change (UNFCCC), covering emissions and removals
from agriculture, forestry and land use which ensures that either changes in carbon stock
associated with biomass harvest are accounted towards the country's commitment to reduce or
limit greenhouse gas emissions as specified in the NDC, or there are national or sub-national
laws in place, in accordance with Article 5 of the Paris Agreement, applicable in the area of
harvest, to conserve and enhance carbon stocks and sinks;
(iii) has a national system in place for reporting greenhouse gas emissions and removals from
land use including forestry and agriculture, which is in accordance with the requirements set
out in decisions adopted under the United Nations Framework Convention on Climate
Change (UNFCCC) and the Paris agreement;
When evidence referred to in the first subparagraph is not available, the biofuels, bioliquids
and biomass fuels produced from forest biomass shall be taken into account for the purposes
referred to in points (a), (b) and (c) of paragraph 1 if management systems are in place at
forest holding level to ensure that carbon stocks and sinks levels in the forest are maintained.
The Commission may establish the operational evidence for demonstrating compliance with
the requirements set out in paragraphs 5 and 6, by means of implementing acts adopted in
accordance with the examination procedure referred to in Article 31(2).
By 31 December 2023, the Commission shall assess whether the criteria set out in paragraphs
5 and 6 effectively minimise the risk of using unsustainable forest biomass and address
LULUCF requirements, on the basis of available data. The Commission shall, if appropriate,
present a proposal to modify the requirements laid down in paragraphs 5 and 6.
2009/28/EC
6. Agricultural raw materials cultivated in the Community and used for the production of
biofuels and bioliquids taken into account for the purposes referred to in points (a), (b) and (c)
of paragraph 1 shall be obtained in accordance with the requirements and standards under the
provisions referred to under the heading ‘Environment’ in part A and in point 9 of Annex II to

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Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for
direct support schemes for farmers under the common agricultural policy and establishing
certain support schemes for farmers44 and in accordance with the minimum requirements for
good agricultural and environmental condition defined pursuant to Article 6(1) of that
Regulation.
new
7. The greenhouse gas emission saving from the use of biofuels, bioliquids and biomass fuels
taken into account for the purposes referred to in paragraph 1 shall be:
(a) at least 50 % for biofuels and bioliquids produced in installations in operation on or before
5 October 2015;
(b) at least 60 % for biofuels and bioliquids produced in installations starting operation from 5
October 2015;
(c) at least 70 % for biofuels and bioliquids produced in installations starting operation after 1
January 2021;
(d) at least 80 % for electricity, heating and cooling production from biomass fuels used in
installations starting operation after 1 January 2021 and 85% for installations starting
operation after 1 January 2026.
An installation shall be considered to be in operation once the physical production of biofuels
or bioliquids and of heating and cooling, and electricity for biomass fuels has started.
2009/28/EC
new
2. The greenhouse gas emission saving from the use of biofuels and bioliquids taken into
account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and
bioliquids produced in installations starting operation after 5 October 2015. An installation
shall be considered to be in operation if the physical production of biofuels or bioliquids has
taken place.
In the case of installations that were in operation on or before 5 October 2015, for the
purposes referred to in paragraph 1, biofuels and bioliquids shall achieve a greenhouse gas
emission saving of at least 35 % until 31 December 2017 and at least 50 % from 1 January
2018.
The greenhouse gas emission saving from the use of biofuels, and bioliquids and biomass
fuels used in installations producing heating, cooling and electricity  shall be calculated in
accordance with Article 19 28(1).
new
8. Electricity from biomass fuels produced in installations with a fuel capacity equal to or
exceeding 20 MW shall be taken into account for the purposes referred to in points (a), (b)
and (c) of paragraph 1 only if it is produced applying high efficient cogeneration technology
as defined under Article 2(34) of Directive 2012/27/EU of the European Parliament and of the
Council. For the purposes of points (a) and (b), this provision shall only apply to installations
44

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starting operation after [3 years from date of adoption of this Directive]. For the purposes of
point (c), this provision is without prejudice to public support provided under schemes
approved by [3 years after date of adoption of this Directive].
The first sub-paragraph shall not apply to electricity from installations which are the object of
a specific notification by a Member State to the Commission based on the duly substantiated
existence of risks for the security of supply of electricity. Upon assessement of the
notification, the Commission shall adopt a decision taking into account the elements included
therein.
2009/28/EC (adapted)
new
7. The Commission shall, every two years, report to the European Parliament and the Council,
in respect of both third countries and Member States that are a significant source of biofuels
or of raw material for biofuels consumed within the Community, on national measures taken
to respect the sustainability criteria set out in paragraphs 2 to 5 and for soil, water and air
protection. The first report shall be submitted in 2012.
The Commission shall, every two years, report to the European Parliament and the Council on
the impact on social sustainability in the Community and in third countries of increased
demand for biofuel, on the impact of Community biofuel policy on the availability of
foodstuffs at affordable prices, in particular for people living in developing countries, and
wider development issues. Reports shall address the respect of land-use rights. They shall
state, both for third countries and Member States that are a significant source of raw material
for biofuel consumed within the Community, whether the country has ratified and
implemented each of the following Conventions of the International Labour Organisation:
–

Convention concerning Forced or Compulsory Labour (No 29),

–

Convention concerning Freedom of Association and Protection of the Right to
Organise (No 87),

–

Convention concerning Equal Remuneration of Men and Women Workers for Work
of Equal Value (No 100),

–

Convention concerning Discrimination in Respect of Employment and Occupation
(No 111),

–

Convention concerning Minimum Age for Admission to Employment (No 138),

–

Convention concerning the Prohibition and Immediate Action for the Elimination of
the Worst Forms of Child Labour (No 182).

Those reports shall state, both for third countries and Member States that are a significant
source of raw material for biofuel consumed within the Community, whether the country has
ratified and implemented:
–

the Cartagena Protocol on Biosafety,

–

the Convention on International Trade in Endangered Species of Wild Fauna and
Flora.

The first report shall be submitted in 2012. The Commission shall, if appropriate, propose
corrective action, in particular if evidence shows that biofuel production has a significant
impact on food prices.

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9. The Commission shall report on requirements for a sustainability scheme for energy uses of
biomass, other than biofuels and bioliquids, by 31 December 2009. That 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. That report and any proposals
contained therein shall be based on the best available scientific evidence, taking into account
new developments in innovative processes. If the analysis done for that purpose demonstrates
that it would be appropriate to introduce amendments, in relation to forest biomass, in the
calculation methodology in Annex V or in the sustainability criteria relating to carbon stocks
applied to biofuels and bioliquids, the Commission shall, where appropriate, make proposals
to the European Parliament and Council at the same time in this regard.
8. 9. For the purposes referred to in points (a), (b) and (c) of paragraph 1, Member States shall
not refuse to take into account, on other sustainability grounds, biofuels and bioliquids
obtained in compliance with this Article.
new
10. For the purposes referred to in points (a), (b) and (c) of paragraph 1, Member States may
place additional sustainability requirements for biomass fuels.
2009/28/EC (adapted)
new
Article 1827
Verification of compliance with the sustainability and greenhouse gas emissions
saving  criteria for biofuels, and bioliquids and biomass fuels 
1. Where biofuels, and bioliquids and biomass fuels  are to be taken into account for the
purposes referred to
in Articles 23 and 25 and  in points (a), (b) and (c) of Article
1726(1), Member States shall require economic operators to show that the
sustainability and greenhouse gas emissions saving  criteria set out in Article 2617(2) to
(5) (7) have been fulfilled. For that purpose they shall require economic operators to use a
mass balance system which:
(a) allows consignments of raw material or biofuels,
bioliquids or biomass
fuels 
with differing sustainability and greenhouse gas emissions
saving  characteristics to be mixed for instance in a container, processing or
logistical facility, transmission and distribution infrastructure or site  ;
new
(b) allows consignments of raw material with differing energy content to be mixed
for the purpose of further processing, provided that the size of consignments is
adjusted according to their energy content;

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2009/28/EC (adapted)
new
(bc) requires information about the sustainability
and greenhouse gas emissions
saving  characteristics and sizes of the consignments referred to in point (a) to
remain assigned to the mixture; and
(cd) provides for the sum of all consignments withdrawn from the mixture to be
described as having the same sustainability characteristics, in the same quantities, as
the sum of all consignments added to the mixture and requires that this balance be
achieved over an appropriate period of time .
new
2. Where a consignment is processed, information on the sustainability and greenhouse gas
emissions saving characteristics of the consignment shall be adjusted and assigned to the
output in accordance with the following rules:
(a) when the processing of a consignment of raw material yields only one output that
is intended for the production of biofuels, bioliquids or biomass fuels, the size of the
consignment and the related quantities of sustainability and greenhouse gas
emissions saving characteristics shall be adjusted applying a conversion factor
representing the ratio between the mass of the output that is intended for the
production of biofuels, bioliquids or biomass fuels and the mass of the raw material
entering the process;
(b) when the processing of a consignment of raw material yields more than one
output that is intended for the production of biofuels, bioliquids or biomass fuels, for
each output a separate conversion factor shall be applied and a separate mass balance
shall be used.
2009/28/EC (adapted)
new
2. 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 for allowing for other verification methods in relation to some or all types of raw
material, biofuel or bioliquids. 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 the verification system while
avoiding the imposition of an unreasonable burden on industry. The report shall be
accompanied, where appropriate, by proposals to the European Parliament and the Council
concerning the use of other verification methods.
3. Member States shall take measures to ensure that economic operators submit reliable
information regarding the compliance with the sustainability and greenhouse gas emissions
saving criteria set out in Article 26(2) to (7)  and 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 submitted, and to provide evidence that this has been done. The auditing shall
verify that the systems used by economic operators are accurate, reliable and protected against

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fraud. It shall evaluate the frequency and methodology of sampling and the robustness of the
data.
The information referred to in the first subparagraph shall include in particular information on
compliance with the sustainability criteria set out in Article 17(2) to (5), appropriate and
relevant information on measures taken for soil, water and air protection, the restoration of
degraded land, the avoidance of excessive water consumption in areas where water is scarce
and appropriate and relevant information concerning measures taken in order to take into
account the issues referred to in the second subparagraph of Article 17(7).
2015/1513 Art. 2.6(a) (adapted)
new
The Commission shall adopt implementing acts in accordance with the examination procedure
referred to in Article 25(3), to establish the list of appropriate and relevant information
referred to in the first two subparagraphs of this paragraph. The Commission shall ensure, in
particular, that the provision of that information does not represent an excessive
administrative burden for operators in general or for smallholder farmers, producer
organisations and cooperatives in particular.
2009/28/EC (adapted)
new
The obligations laid down in this paragraph shall apply whether the biofuels, or bioliquids,
and biomass fuels  are produced within the Community ⌦ Union ⌫ or imported.
Member States shall submit to the Commission, in aggregated form, the information referred
to in the first subparagraph of this paragraph. The Commission shall publish that information
on the transparency platform
the e-reporting platform  referred to in Article 24
of
Regulation [Governance]  in summary form preserving the confidentiality of commercially
sensitive information.
4. The Community shall endeavour to conclude bilateral or multilateral agreements with third
countries containing provisions on sustainability criteria that correspond to those of this
Directive. Where the Community has concluded agreements containing provisions relating to
matters covered by the sustainability criteria set out in Article 17(2) to (5), the Commission
may decide that those agreements demonstrate that biofuels and bioliquids produced from raw
materials cultivated in those countries comply with the sustainability criteria in question.
When those agreements are concluded, due consideration shall be given to measures taken for
the conservation of areas that provide, in critical situations, basic ecosystem services (such as
watershed protection and erosion control), for soil, water and air protection, indirect land-use
changes, the restoration of degraded land, the avoidance of excessive water consumption in
areas where water is scarce and to the issues referred to in the second subparagraph of Article
17(7).
2015/1513 Art. 2.6(b) (adapted)
new
4. 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 17(2) 26(7), and/or demonstrate that consignments of biofuels, or bioliquids
or
biomass fuels  comply with the sustainability criteria set out in Article 1726(2), (3), (4),

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and (5) and (6), and/or that no materials have been intentionally modified or discarded so that
the consignment or part thereof would fall under Annex IX. When demonstrating that
requirements set out in Article 26(5) and (6) for forest biomass are met, the operators may
decide to directly provide the required evidence at the forest holding level.  The
Commission may decide that those schemes contain accurate data for the purposes of
information on measures taken for the conservation of areas that provide, in critical situations,
basic ecosystem services (such as watershed protection and erosion control), for soil, water
and air protection, the restoration of degraded land, the avoidance of excessive water
consumption in areas where water is scarce and on the issues referred to in the second
subparagraph of Article 17(7). The Commission may also recognise areas for the protection of
rare, threatened or endangered ecosystems or species recognised by international agreements
or included in lists drawn up by intergovernmental organisations or the International Union
for the Conservation of Nature for the purposes of Article 2617(23)(b)(ii).
2009/28/EC (adapted)
new
The Commission may decide that those  voluntary national or international schemes to
measure greenhouse gas emission saving contain accurate data
information on measures
taken  for the purposes of Article 17(2). soil, water and air protection, the restoration of
degraded land, the avoidance of excessive water consumption in areas where water is scarce,
and for certification of biofuels and bioliquids with low indirect land-use change-risk  .
The Commission may decide that land that falls within the scope of a national or regional
recovery programme aimed at improving severely degraded or heavily contaminated land
fulfils the criteria referred to in point 9 of part C of Annex V.
5. The Commission shall adopt decisions under paragraph 4 only 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 emission saving, such schemes shall also
comply with the methodological requirements in Annex V or Annex VI  . Lists of areas
of high biodiversity value as referred to in Article 2617(23)(b)(ii) shall meet adequate
standards of objectivity and coherence with internationally recognised standards and provide
for appropriate appeal procedures.
2015/1513 Art. 2.6(c) (adapted)
new
The voluntary schemes referred to in paragraph 4 (‘the voluntary schemes’) shall regularly,
and at least once per year, publish a list of their certification bodies used for independent
auditing, indicating for each certification body by which entity or national public authority it
was recognised and which entity or national public authority is monitoring it.
In order to ensure that compliance with the sustainability and greenhouse gas emissions
saving criteria is verified in an efficient and harmonised manner and  in particular to
prevent fraud, the Commission may, on the basis of a risk analysis or the reports referred to in
the second subparagraph of paragraph 6 of this Article, specify the detailed implementing
rules, including adequate  standards of
reliability, transparency and  independent
auditing and require all voluntary schemes to apply those standards.
When specifying
these standards, the Commission shall pay special attention to the need to minimize
administrative burden.  This shall be done by means of implementing acts adopted in
accordance with the examination procedure referred to in Article 25 31 (3). Such acts shall set

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a time frame by which voluntary schemes need to implement the standards. The Commission
may repeal decisions recognising voluntary schemes in the event that those schemes fail to
implement such standards in the time frame provided for.
2015/1513 Art. 2.6(d) (adapted)
new
6. Decisions under paragraph 4 of this Article shall be adopted in accordance with the
examination procedure referred to in Article 2531(3). Such decisions shall be valid for a
period of no more than five years.
The Commission shall require that each voluntary scheme on which a decision has been
adopted under paragraph 4 submit by 6 October 2016 and annually thereafter by 30 April, a
report to the Commission covering each of the points set out in the third subparagraph of this
paragraph. Generally, the report shall cover the preceding calendar year. The first report shall
cover at least six months from 9 September 2015. The requirement to submit a report shall
apply only to voluntary schemes that have operated for at least 12 months.
By 6 April 2017, and thereafter within its reports in accordance with Article 23(3), the
Commission shall submit a report to the European Parliament and to the Council analysing
the reports referred to in the second subparagraph of this paragraph, reviewing the operation
of the agreements referred to in paragraph 4 or voluntary schemes in respect of which a
decision has been adopted in accordance with this Article, and identifying best practices. The
report shall be based on the best information available, including following consultations with
stakeholders, and on practical experience in the application of the agreements or schemes
concerned. The report shall analyse the following:
in general:
(a) the independence, modality and frequency of audits, both in relation to what is
stated on those aspects in the scheme documentation, at the time the scheme
concerned was approved by the Commission, and in relation to industry best
practice;
(b) the availability of, and experience and transparency in the application of, methods
for identifying and dealing with non-compliance, with particular regard to dealing
with situations or allegations of serious wrongdoing on the part of members of the
scheme;
(c) transparency, particularly in relation to the accessibility of the scheme, the
availability of translations in the applicable languages of the countries and regions
from which raw materials originate, the accessibility of a list of certified operators
and relevant certificates, and the accessibility of auditor reports;
(d) stakeholder involvement, particularly as regards the consultation of indigenous
and local communities prior to decision making during the drafting and reviewing of
the scheme as well as during audits and the response to their contributions;
(e) the overall robustness of the scheme, particularly in light of rules on the
accreditation, qualification and independence of auditors and relevant scheme
bodies;
(f) market updates of the scheme, the amount of feedstocks and biofuels certified, by
country of origin and type, the number of participants;

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(g) the ease and effectiveness of implementing a system that tracks the proofs of
conformity with the sustainability criteria that the scheme gives to its member(s),
such a system intended to serve as a means of preventing fraudulent activity with a
view, in particular, to the detection, treatment and follow-up of suspected fraud and
other irregularities and where appropriate, number of cases of fraud or irregularities
detected;
and in particular:
(h) options for entities to be authorised to recognise and monitor certification bodies;
(i) criteria for the recognition or accreditation of certification bodies;
(j) rules on how the monitoring of the certification bodies is to be conducted;
(k) ways to facilitate or improve the promotion of best practice.
The Commission shall make the reports drawn up by the voluntary schemes available, in an
aggregated form or in full if appropriate, on the transparency
e-reporting  platform
referred to in Article 24 of Regulation [Governance] .
new
Member States may set up national schemes where compliance with the sustainability and
greenhouse gas emissions saving criteria set out in Article 26(2) to (7) is verified throughout
the entire chain of custody involving competent national authorities.
2015/1513 Art. 2.6(d) (adapted)
new
A Member State may notify its national scheme to the Commission. The Commission shall
give priority to the assessment of such a scheme. A decision on the compliance of such a
notified national scheme with the conditions set out in this Directive shall be adopted in
accordance with the examination procedure referred to in Article 2531(3), in order to facilitate
mutual bilateral and multilateral recognition of schemes for verification of compliance with
the sustainability
and greenhouse gas emissions saving  criteria for biofuels, and
bioliquids
and biomass fuels  . Where the decision is positive, schemes established in
accordance with this Article shall not refuse mutual recognition with that Member State's
scheme, as regards the verification of compliance with the sustainability and greenhouse
gas emissions saving  criteria set out in Article 2617(2) to (75).
2009/28/EC (adapted)
new
7. When an economic operator provides proof or data obtained in accordance with an
agreement or a scheme that has been the subject of a decision pursuant to paragraph 4 or
6  , to the extent covered by that decision, a Member State shall not require the supplier to
provide further evidence of compliance with the sustainability and greenhouse gas
emissions saving  criteria set out in Article 2617(2) to (75)nor information on measures
referred to in the second subparagraph of paragraph 3 of this Article.

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new
Competent authorities of the Member States shall be allowed to supervise the operation of
certification bodies that are accredited by the national accreditation body and are conducting
independent auditing under a voluntary scheme.
2015/1513 Art. 2.6(e)
8. At the request of a Member State or on its own initiative, the Commission shall examine
the application of Article 17 in relation to a source of biofuel and, within six months of receipt
of a request decide, in accordance with the examination procedure referred to in Article 25(3),
whether the Member State concerned may take biofuel from that source into account for the
purposes of Article 17(1).
2009/28/EC
9. By 31 December 2012, the Commission shall report to the European Parliament and to the
Council on:
(a) the effectiveness of the system in place for the provision of information on
sustainability criteria; and
(b) whether it is feasible and appropriate to introduce mandatory requirements in
relation to air, soil or water protection, taking into account the latest scientific
evidence and the Community’s international obligations.
The Commission shall, if appropriate, propose corrective action.
2009/28/EC Article 19 1.2.
(adapted)
new
Article 1928
Calculation of the greenhouse gas impact of biofuels, and bioliquids
fuels 

and biomass

1. For the purposes of Article 26 (7)17 (2) , the greenhouse gas emission saving from the use
of biofuel, and bioliquids and biomass fuels shall be calculated as follows:
(a) where a default value for greenhouse gas emission saving for the production
pathway is laid down in part A or B of Annex V for biofuels and bioliquids 
and in part A or B of Annex VI for biomass fuels where the el value for those
biofuels or bioliquids calculated in accordance with point 7 of part C of Annex
V and for those biomass fuels calculated in accordance with point 7 of part B of
Annex VI is equal to or less than zero, by using that default value;
(b) by using an actual value calculated in accordance with the methodology laid
down in part C of Annex V for biofuels and bioliquids and in part B of Annex VI
for biomass fuels  ; or
(c) by using a value calculated as the sum of the factors of the formula
⌦ formulas ⌫ referred to in point 1 of part C of Annex V, where disaggregated

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default values in part D or E of Annex V may be used for some factors, and actual
values, calculated in accordance with the methodology laid down in part C of Annex
V, for all other factors; ⌦ or ⌫
new
(d) by using a value calculated as the sum of the factors of the formulas referred to in
point 1 of part B of Annex VI, where disaggregated default values in part C of Annex
VI may be used for some factors, and actual values, calculated in accordance with
the methodology laid down in part B of Annex VI, for all other factors.
2009/28/EC Article 19 1.2.
(adapted)
new
2. By 31 March 2010, Member States shall
may  submit to the Commission a report
⌦ reports ⌫ including a list information on the typical greenhouse gas emissions from
cultivation of agricultural raw materials  of those areas on their territory classified as level
2 in the nomenclature of territorial units for statistics (NUTS) or as a more disaggregated
NUTS level in accordance with Regulation (EC) No 1059/2003 of the European Parliament
and of the Council of 26 May 2003 on the establishment of a common classification of
territorial units for statistics (NUTS)45 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 ‘Disaggregated default values for cultivation’ in part D
of Annex V to this Directive, accompanied by a description of the method and data used to
establish that list. The reports shall be accompanied by a description of the method and
data sources used to calculate the level of emissions.  That method shall take into account
soil characteristics, climate and expected raw material yields.
2015/1513 Art. 2.7(a) (adapted)
new
3. The typical greenhouse gas emissions from cultivation of agricultural raw materials
included in the reports referred to in paragraph 2 in the case of Member States, and, iIn the
case of territories outside the Union, in reports equivalent to those referred to in paragraph 2
and drawn up by competent bodies, may be reported to the Commission.
4. The Commission may decide, by means of an implementing act adopted in accordance with
the examination procedure referred to in Article 3125(23), that the reports referred to in
paragraphs 2 ⌦ and 3 ⌫ of this Article contain accurate data for the purposes of measuring
the greenhouse gas emissions associated with the cultivation of
agriculture biomass 
biofuel and bioliquid feedstocks typically produced in those ⌦ the ⌫ areas ⌦ included in
such reports ⌫ for the purposes of Article 17(2) 26(7). These data may therefore be used
instead of the disaggregated default values for cultivation laid down in part D or E of Annex
V. 
5. By 31 December 2012 at the latest and every two years thereafter, the Commission shall
draw up and publish a report on the estimated typical and default values in parts B and E of
Annex V, paying special attention to greenhouse gas emissions from transport and processing.
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In the event that the reports referred to in the first subparagraph indicate that the estimated
typical and default values in parts B and E of Annex V might need to be adjusted on the basis
of the latest scientific evidence, the Commission shall, as appropriate, submit a legislative
proposal to the European Parliament and to the Council.
2015/1513 Art. 2.7(c) (adapted)
new
57. The Commission shall keep Annex V and Annex VI  under review, with a view,
where justified, to the addition of or revise  values for further biofuel , bioliquid and
biomass fuel  production pathways for the same or for other raw materials. That review
shall also consider the modification of the methodology laid down in part C of Annex V
and in part B of Annex VI  , particularly with regard to:
–

the method of accounting for wastes and residues;

–

the method of accounting for co-products;

–

the method of accounting for cogeneration; and

–

the status given to agricultural crop residues as co-products.

The default values for waste vegetable or animal oil biodiesel shall be reviewed as soon as
possible. In the event that the Commission's review concludes that additions changes  to
Annex V or Annex VI  should be made, the Commission ⌦ is ⌫ shall be empowered
to adopt delegated acts pursuant to Article 3225a to add, but not to remove or amend,
estimated typical and default values in parts A, B, D and E of Annex V for biofuel and
bioliquid pathways for which specific values are not yet included in that Annex.
2009/28/EC (adapted)
new
⌦ In the case of ⌫ Aany adaptation of or addition to the list of default values in Annex V
and Annex VI  shall comply with the following:
(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 must ⌦ shall ⌫ be typical of normal production processes.;
(b) in all other cases default values must be conservative compared to normal
production processes.
2015/1513 Art. 2.7(d)
(adapted)
new
68. Where necessary in order to ensure the uniform application of point 9 of Part C of Annex
V and Part B of Annex VI , the Commission may adopt implementing acts setting out
detailed technical specifications ⌦ including ⌫ and definitions
, conversion factors,
calculation of annual cultivation emissions and/ or emission savings caused by changes above
and below-ground carbon stocks on already cultivated land, calculation of emission savings
from carbon capture, carbon replacement and carbon geological storage . Those
implementing acts shall be adopted in accordance with the examination procedure referred to
in Article 31 25 (23).

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2009/28/EC (adapted)
new
Article 2029
Implementing measures
The implementing measures referred to in the second subparagraph of Article 26(2)17(3)
and (6)  , the third subparagraph of Article 18(3), Article 27 18(6), Article 18(8), Article
19(5), the first subparagraph of Article 28(5) ⌦ and Article 28(6) ⌫ 19(7), and Article
19(8) shall also take full account of the purposes of Article 7a of Directive 98/70/EC.
2009/28/EC
Article 22
Reporting by the Member States
1. Each Member State shall submit a report to the Commission on progress in the promotion
and use of energy from renewable sources by 31 December 2011, and every two years
thereafter. The sixth report, to be submitted by 31 December 2021, shall be the last report
required.
The report shall detail, in particular:
(a) the sectoral (electricity, heating and cooling, and transport) 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 energy from renewable
sources taking into account the indicative trajectory in part B of Annex I, in
accordance with Article 5;
(b) 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 renewable energy action
plan, and information on how supported electricity is allocated to final customers for
purposes of Article 3(6) of Directive 2003/54/EC;
(c) how, where applicable, the Member State has structured its 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 lignocellulosic material;
(d) 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;
(e) 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 16(3);

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(g) developments in the availability and use of biomass resources for energy
purposes;
(h) changes in commodity prices and land use within the Member State associated
with its increased use of biomass and other forms of energy from renewable sources;
2015/1513 Art. 2.9(a)
(i) the development and share of biofuels made from feedstocks listed in Annex IX
including a resource assessment focusing on the sustainability aspects relating to the
effect of the replacement of food and feed products for biofuel production, taking
due account of the principles of the waste hierarchy established in Directive
2008/98/EC and the biomass cascading principle, taking into consideration the
regional and local economic and technological circumstances, the maintenance of the
necessary carbon stock in the soil and the quality of the soil and the ecosystems;
2009/28/EC
(j) the estimated impact of the production of biofuels and bioliquids on biodiversity,
water resources, water quality and soil quality within the Member State;
(k) the estimated net greenhouse gas emission saving due to the use of energy from
renewable sources;
(l) the estimated excess production of energy from renewable sources compared to
the indicative trajectory which could be transferred to other Member States, as well
as the estimated potential for joint projects, until 2020;
(m) the estimated demand for energy from renewable sources to be satisfied by
means other than domestic production until 2020;
(n) information on how the share of biodegradable waste in waste used for producing
energy has been estimated, and what steps have been taken to improve and verify
such estimates; and
2015/1513 Art. 2.9(b)
(o) the amounts of biofuels and bioliquids in energy units corresponding to each
category of feedstock group listed in part A of Annex VIII taken into account by that
Member State for the purpose of complying with the targets set out in Article 3(1)
and (2), and in the first subparagraph of Article 3(4).
2009/28/EC
2. In estimating net greenhouse gas emission saving from the use of biofuels, the Member
State may, for the purpose of the reports referred to in paragraph 1, use the typical values
given in part A and part B of Annex V.
3. In its first report, the Member State shall outline whether it intends to:
(a) establish a single administrative body responsible for processing authorisation,
certification and licensing applications for renewable energy installations and
providing assistance to applicants;

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(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; or
(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.
4. In each report the Member State may correct the data of the previous reports.
2009/28/EC (adapted)
1 2015/1513 Art. 2.10(a)
new
Article 2330
Monitoring and reporting by the Commission
1. The Commission shall monitor the origin of biofuels, and bioliquids
and biomass
fuels  consumed in the Community ⌦ Union ⌫ and the impact of their production,
including impact as a result of displacement, on land use in the Community ⌦ Union ⌫ and
the main third countries of supply. Such monitoring shall be based on Member States’
integrated national energy and climate plans and corresponding progress  reports
required in Articles 3, 15 and 18 of the Regulation [Governance] , submitted pursuant to
Article 22(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. 1 --- 
2. The Commission shall maintain a dialogue and exchange information with third countries
and biofuel, bioliquid and biomass fuel  producers, consumer organisations and civil
society concerning the general implementation of the measures in this Directive relating to
biofuels, and bioliquids and biomass fuels  . It shall, within that framework, pay
particular attention to the impact ⌦ that ⌫ biofuel
and bioliquid  production may
have on food prices.
3. On the basis of the reports submitted by Member States pursuant to Article 22(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.
2015/1513 Art. 2.10(b)
4. In reporting on greenhouse gas emission savings from the use of biofuels and bioliquids,
the Commission shall use the amounts reported by Member States in accordance with point
(o) of Article 22(1), including the provisional mean values of the estimated indirect land-use
change emissions and the associated range derived from the sensitivity analysis as set out in
Annex VIII. The Commission shall make data on the provisional mean values of the
estimated indirect land-use change emissions and the associated range derived from the
sensitivity analysis publicly available. In addition, the Commission shall evaluate whether and
how the estimate for direct emission savings would change if co-products were accounted for
using the substitution approach.

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2009/28/EC
5. In its reports, the Commission shall, in particular, 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, considering economic and environmental impacts, including
impacts on biodiversity;
(c) the scope for identifying, in a scientifically objective manner, geographical areas
of high biodiversity value that are not covered in Article 17(3);
(d) the impact of increased demand for biomass on biomass using sectors;
2015/1513 Art. 2.10(c)
(e) the availability and sustainability of biofuels made from feedstocks listed in
Annex IX, including an assessment of the effect of the replacement of food and feed
products for biofuel production, taking due account of the principles of the waste
hierarchy established in Directive 2008/98/EC and the biomass cascading principle,
taking into consideration the regional and local economic and technological
circumstances, the maintenance of the necessary carbon stock in the soil and the
quality of soil and ecosystems;
(f) information on, and analysis of, the available scientific research results regarding
indirect land-use change in relation to all production pathways, accompanied by an
assessment of whether the range of uncertainty identified in the analysis underlying
the estimations of indirect land-use change emissions can be narrowed and the
possible impact of Union policies, such as environment, climate and agricultural
policies, can be factored in; and
(g) technological developments and availability of data on the use, economic and
environmental impacts of biofuels and bioliquids produced in the Union from
dedicated non-food crops grown primarily for energy purposes.
2009/28/EC
The Commission shall, if appropriate, propose corrective action.
6. On the basis of the reports submitted by Member States pursuant to Article 22(3), the
Commission shall analyse the effectiveness of measures taken by Member States on
establishing a single administrative body responsible for processing authorisation,
certification and licensing applications and providing assistance to applicants.
7. In order to improve financing and coordination with a view to the achievement of the 20 %
target referred to in Article 3(1), the Commission shall, by 31 December 2010, present an
analysis and action plan on energy from renewable sources with a view, in particular, to:
(a) the better use of structural funds and framework programmes;
(b) the better and increased use of funds from the European Investment Bank and
other public finance institutions;

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(c) better access to risk capital notably by analysing the feasibility of a risk sharing
facility for investments in energy from renewable sources in the Community similar
to the Global Energy Efficiency and Renewable Energy Fund initiative which is
aimed at third countries;
(d) the better coordination of Community and national funding and other forms of
support; and
(e) the better coordination in support of renewable energy initiatives whose success
depends on action by actors in several Member States.
8. By 31 December 2014, the Commission shall present a report, addressing, in particular, the
following elements:
(a) a review of the minimum greenhouse gas emission saving thresholds to apply
from the dates referred to in the second subparagraph of Article 17(2), on the basis of
an impact assessment taking into account, in particular, technological developments,
available technologies and the availability of first and second-generation bio-fuels
with a high level of greenhouse gas emission saving;
2015/1513 Art. 2.10(d)
(b) with respect to the targets referred to in Article 3(4), a review of:
(i) the cost-efficiency of the measures to be implemented to achieve the targets;
(ii) an assessment of the feasibility of reaching the targets whilst ensuring the
sustainability of biofuels production in the Union and in third countries, and
considering economic, environmental and social impacts, including indirect
effects and impacts on biodiversity, as well as the commercial availability of
second-generation biofuels;
(iii) the impact of the implementation of the targets on the availability of
foodstuffs at affordable prices;
(iv) the commercial availability of electric, hybrid and hydrogen-powered
vehicles, as well as the methodology chosen to calculate the share of energy
from renewable sources consumed in the transport sector;
(v) the evaluation of specific market conditions, considering, in particular,
markets in which transport fuels represent more than half of the final energy
consumption, and markets which are fully dependent on imported biofuels;
2009/28/EC (adapted)
new
(c) an evaluation of the implementation of this Directive, in particular with regard to
cooperation mechanisms, in order to ensure that, together with the possibility for the
Members States to continue to use national support schemes referred to in Article
3(3), those mechanisms enable Member States to achieve the national targets defined
in Annex I on the best cost-benefit basis, of technological developments, and the
conclusions to be drawn to achieve the target of 20 % of energy from renewable
sources at Community level.
On the basis of that report, the Commission shall submit, if appropriate, proposals to the
European Parliament and the Council, addressing the above elements and in particular:

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–

for the element contained in point (a), a modification of the minimum greenhouse
gas emission saving referred to in that point, and

–

for the element contained in point (c), appropriate adjustments of the cooperation
measures provided for in this Directive in order to improve their effectiveness for
achieving the target of 20 %. Such proposals shall neither affect the 20 % target nor
Member States’ control over national support schemes and cooperation measures.

39. In 2018 ⌦ 2026 ⌫, the Commission shall present a Renewable Energy Roadmap for the
post-2020 legislative proposal on the regulatory framework for the promotion of renewable
energy for the post-2030  period.
That roadmap shall, if appropriate, be accompanied by proposals to the European Parliament
and the Council for the period after 2020. The roadmap
This proposal  shall take into
account the experience of the implementation of this Directive , including its sustainability
and greenhouse gas saving criteria,  and technological developments in energy from
renewable sources.
410. In 2021 ⌦ 2032 ⌫, the Commission shall present a report reviewing the application of
this Directive. That report shall, in particular, address the role of the following elements in
having enabled Member States to achieve the national targets defined in Annex I on the best
cost-benefit basis:
(a) the process of preparing forecasts and national renewable energy action plans;
(b) the effectiveness of the cooperation mechanisms;
(c) technological developments in energy from renewable sources, including the
development of the use of biofuels in commercial aviation;
(d) the effectiveness of the national support schemes. and
(e) the conclusions of the Commission reports referred to in paragraphs 8 and 9.
Article 24
Transparency platform
1. The Commission shall establish an online public transparency platform. That platform shall
serve to increase transparency, and facilitate and promote cooperation between Member
States, in particular concerning statistical transfers referred to in Article 6 and joint projects
referred to in Articles 7 and 9. In addition, the platform may be used to make public relevant
information which the Commission or a Member State deems to be of key importance to this
Directive and to the achievement of its objectives.
2. The Commission shall make public on the transparency platform the following information,
where appropriate in aggregated form, preserving the confidentiality of commercially
sensitive information:
(a) Member States’ national renewable energy action plans;
(b) Member States’ forecast documents referred to in Article 4(3), complemented as
soon as possible with the Commission’s summary of excess production and
estimated import demand;
(c) Member States’ offers to cooperate on statistical transfers or joint projects, upon
request of the Member State concerned;

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(d) the information referred to in Article 6(2) on the statistical transfers between
Member States;
(e) the information referred to in Article 7(2) and (3) and Article 9(4) and (5) on joint
projects;
(f) Member States’ national reports referred to in Article 22;
(g) the Commission reports referred to in Article 23(3).
However, upon request of the Member State that submitted the information, the Commission
shall not make public Member States’ forecast documents referred to in Article 4(3), or the
information in Member States’ national reports referred to in Article 22(1)(l) and (m).
2015/1513 Art. 2.
new
Article 2531
Committee procedure
1. Except in the cases referred to in paragraph 2, tThe Commission shall be assisted by the
Committee on Renewable Energy Sources Energy Union Governance Committee . That
committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the
European Parliament and of the Council46 and work in the respective sectorial formations
relevant for this Regulation  .
2. For matters relating to the sustainability of biofuels and bioliquids, the Commission shall
be assisted by the Committee on the Sustainability of Biofuels and Bioliquids. That
committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
23. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011
shall apply.
Where the Committee delivers no opinion, the Commission shall not adopt the draft
implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011
shall apply.
2015/1513 Art. 2.12 (adapted)
new
Article 25a32
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions
laid down in this Article.
2. The power to adopt delegated acts referred to in Articles ⌦ 3(6) ⌫ 3(5) ⌦ 7(5) ⌫, 5(5)
⌦ 7(6); 19(11), 19(14), 25(6) ⌫ and ⌦ 28(5) ⌫ 19(7) shall be conferred on the
Commission for a period of five years from 5 October 2015 ⌦ 1st January 2021 ⌫ .
46

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Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning mechanisms for control by Member States of
the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

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3. The delegation of power referred to in Articles ⌦ 3(6) ⌫ 3(5) ⌦ 7(5) ⌫, 5(5) ⌦ 7(6);
19(11), 19(14), 25(6) ⌫ and ⌦ 28(5) ⌫ 19(7)
may be revoked at any time by the European Parliament or by the Council. A decision of
revocation shall put an end to the delegation of the power specified in that decision. It shall
take effect the day following the publication of the decision in the Official Journal of the
European Union or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.
⌦ 4. Before adopting a delegated act, the Commission shall consult experts designated by
each Member State in accordance with the principles laid down in the Interinstitutional
Agreement on Better Law-Making of 13 April 2016. ⌫
2015/1513 Art. 2.12 (adapted)
new
45. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the
European Parliament and to the Council.
56. A delegated act adopted pursuant to Articles ⌦ 3(6) ⌫ 3(5) ⌦ 7(5) ⌫, 5(5) ⌦ 7(6);
19(11), 19(14), 25(6) ⌫ and ⌦ 28(5) ⌫ 19(7)and 28(5) 19(7) shall enter into force only if
no objection has been expressed either by the European Parliament or the Council within a
period of two months of notification of that act to the European Parliament and the Council or
if, before the expiry of that period, the European Parliament and the Council have both
informed the Commission that they will not object. That period shall be extended by two
months at the initiative of the European Parliament or the Council.
2009/28/EC (adapted)
Article 26
Amendments and repeal
1. In Directive 2001/77/EC, Article 2, Article 3(2), and Articles 4 to 8 shall be deleted with
effect from 1 April 2010.
2. In Directive 2003/30/EC, Article 2, Article 3(2), (3) and (5), and Articles 5 and 6 shall be
deleted with effect from 1 April 2010.
3. Directives 2001/77/EC and 2003/30/EC shall be repealed with effect from 1 January 2012.
2009/28/EC (adapted)
new
Article 2733
Transposition
1. Without prejudice to Article 4(1), (2) and (3), Member States shall bring into force the
laws, regulations and administrative provisions necessary to comply with the Directive by
30 June 2021, at the latest  by 5 December 2010 except for Article 14 and Annexes I, II,
IV, VII and VIII  .They shall immediately communicate the text of those measures to the
Commission.

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When Member States adopt ⌦ those ⌫ measures, they shall contain a reference to this
Directive or shall be accompanied by such a reference on the occasion of their official
publication. The methods of making such a reference shall be laid down by the Member
States. ⌦ They shall also include a statement that references in existing laws, regulations and
administrative provisions to the Directives repealed by this Directive shall be construed as
references to this Directive. Member States shall determine how such reference is to be made
and how that statement is to be formulated. ⌫
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.

new
Article 34
Repeal
Directive 2009/28/EC, as amended by the Directives listed in part A of Annex XI is repealed
with effect from 1 January 2021, without prejudice to the obligations of the Member States
relating to the time-limits for the transposition into national law of the Directives set out in
Annex XI, Part B.
References to the repealed Directive shall be construed as references to this Directive and
shall be read in accordance with the correlation table in Annex XII.
2009/28/EC (adapted)
Article 2835
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official
Journal of the European Union ⌦ 1 January 2021 ⌫.
Article 2936
Addressees
This Directive is addressed to the Member States.
Done at Brussels,

For the European Parliament
The President

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For the Council
The President

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