Implementation of Directive 2009/28/EC in the
Energy Community and the challenges of
reaching binding 2020 RES targets
Gabriela Cretu
Electricity and Renewable Energy Expert
Energy Community Secretariat
Transferring EU Legislation on Climate Change&Developing Low Carbon Policies, May 24th, 2013 - Graz, Austria
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CONTENT
 Energy Community
 Renewable Energy Directive 2009/28/EC as
adapted by the Ministerial Council Decision
2012/04/EnC-MC
 Renewable Energy Action Plans
Transferring EU Legislation on Climate Change&Developing Low Carbon Policies, May 24th, 2013 - Graz, Austria
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ENERGY COMMUNITY
• 9 Contracting Parties
Albania, Bosnia and Herzegovina, Croatia,
Moldova, Former Yugoslav Republic of
Macedonia, Montenegro, Serbia,
Kosovo* and Ukraine (since 1st Feb 2011)
• European
Commission
On behalf of European Union
•4
Observers
Turkey, Georgia and Norway
and Armenia (since 2011)
• 15 Participants
Austria, Bulgaria, Cyprus, Czech
Republic, France, Germany,
Greece, Hungary, Italy, The
Netherlands, Poland, Romania,
Slovakia, Slovenia, United
Kingdom
Transferring EU Legislation on Climate Change&Developing Low Carbon Policies, May 24th, 2013 - Graz, Austria
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INSTITUTIONS
MINISTERIAL COUNCIL
Political decisions
PERMANENT HIGH LEVEL GROUP
REGULATORY BOARD (ECRB)
Advisory body
Working groups
SECRETARIAT (VIENNA)
ELECTRICITY
FORUM
GAS
FORUM
Monitoring, coordination, support
SOCIAL
FORUM
OIL
FORUM
Stakeholder involvement
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THE COMMON LEGAL FRAMEWORK
Title II EnC Treaty: Commitment for the implementation of the
acquis communautaire
► Electricity and Gas Third Internal Market Liberalisation Package
► Competition
Antitrust and State Aid
► Renewable Energy Directive on the promotion of the use of energy from RES
► Environment
Directive on environmental impact assessment
Large Combustion Plants Directive
Sulphur in Fuels Directive
Endeavour to accede: Kyoto Protocol; Council Directive
96/61/EC concerning integrated pollution prevention and control
► Energy efficiency
Energy Services, Buildings and Labelling Directives
► Statistics
Regulation on energy statistics
Directive on the transparency of gas and electricity prices
► Oil
Directive on minimum stocks of crude oil/petroleum products
“…with a view to ensuring high levels of investment security and optimal investments”
Transferring EU Legislation on Climate Change&Developing Low Carbon Policies, May 24th, 2013 - Graz, Austria
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EU 20-20-20 BY 2020
100%
-20%
-20%
+20%
8,5%
Greenhouse
gas levels
Energy
consumption
Renewables in
the energy mix
Source: EU DG ENER
Transferring EU Legislation on Climate Change&Developing Low Carbon Policies, May 24th, 2013 - Graz, Austria
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THE RENEWABLE ENERGY DIRECTIVE
2009/28/EC
1.
Sets mandatory national targets for renewable energy
shares, including 10% renewable share for transport, in 2020
2.
Creates flexibility by facilitating “joint projects” with EU
Member States or third countries and “statistical transfers”
between EU Member States to help reach targets cost
effectively
3.
Requires national renewable energy action plans
4.
Requires reduction of administrative and regulatory
barriers, improvements in provision of information and training
and improves renewables’ access to the electricity grid
5.
Creates a sustainability regime for biofuels
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MEMBER STATES’ TARGETS
EU-27 efforts in Renewables
BE 2.2%
9.4%
BG
6.1%
CZ
DK
5.8%
DE
EE
3.1%
IE
6.9%
EL
8.7%
ES
10.3%
FR
5.2%
IT
2.9%
CY
LV
LT
11%
LU 0.9%
4.3%
HU
10%
MT 0%
2.4%
NL
AT
7.2%
PL
PT
RO
SI
SK
6.7%
FI
SE
UK 1.3%
13%
16%
RES share in 2005
13%
17.0%
30%
RES share in 2020
18%
18.0%
25%
16%
18%
20%
23%
17%
13%
32.6%
15%
40%
23%
13%
14%
23.3%
34%
15%
20.5%
17.8%
16%
31%
24%
25%
14%
28.5%
38%
39.8%
49%
15%
Source: DG ENER
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MINISTERIAL COUNCIL
18 October 2012 in Budva, Montenegro
the Ministerial Council adopted the Decision
to implement the Directive 2009/28/EC in the
Energy Community and to amend
the Article 20 of the Treaty establishing the
Energy Community D/2012/04/MC-EnC
http://www.energy-community.org/pls/portal/docs/1766219.PDF
Transferring EU Legislation on Climate Change&Developing Low Carbon Policies, May 24th, 2013 - Graz, Austria
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CONTRACTING PARTIES’ 2020 RES TARGETS
2009 baseline year
38%
31.2%
ALBANIA
BOSNIA AND
HERZEGOVINA
40%
34.0%
20%
12.6%
CROATIA
28%
21.9%
FYR OF MACEDONIA
11.9%
MOLDOVA
17%
26.3%
MONTENEGRO
21.2%
SERBIA
5.5%
UKRAINE
25%
18.9%
5.0%
27%
11%
KOSOVO*
0.0%
33%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
40.0%
* This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and ICJ Opinion on the Kosovo declaration of
independence.
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MINISTERIAL COUNCIL DECISION
Article 20 of Energy Community Treaty - Implementation of
Directive 2009/28/EC in the Contracting Parties
 Directive 2009/28/EC, as adapted
• General adaptations
- "Member States“ replaced by "Contracting Parties„
 “Community” replaced by “Energy Community”
 “European Commission” replaced by “Energy
Community Secretariat” except for executive powers
•Ad-hoc adaptations
- CPs targets
- NREAPs
- Calculation of share of energy from RES
Transferring EU Legislation on Climate Change&Developing Low Carbon Policies, May 24th, 2013 - Graz, Austria
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MINISTERIAL COUNCIL DECISION (cont’)
 Directive 2009/28/EC, as adapted
• Statistical transfers between EU-MS and EnC-CPs
• Joint support schemes between EU-MS and EnCCPs
• Joint Projects between EU-MS and EnC-CPs
• External Audits
• Review based on the experience
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FLEXIBILITY AND COST EFFECTIVENESS
•
Contracting Parties are free to choose sectors to
develop RES
•
No technology-specific requirements
•
Statistical transfers, joint support schemes
•
Joint projects between EU Member States and the
Contracting Parties based on physical transfer of
electricity
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MC DECISION - LEGAL ADAPTATIONS
• Article 8 – Statistical Transfers from Contracting
Parties to Member States of the European Union
- Statistical transfer between CPs and EU MS possible under
conditions
- A statistical transfer shall not affect the achievement of the national
target of the Contracting Party making the transfer
• Article
9 - Joint support schemes between Contracting
Parties and Member States of the European Union
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LEGAL ADAPTATIONS (cont’)
Article 11 - Decisions of the Ministerial Council
1. The Decision of the Ministerial Council referred to in Articles 8 and 9 of
this Decision shall be adopted by majority of the Members of the
Ministerial Council, which must include a vote in favour by the European
Union.
2. The Decision shall be positive only if all the following conditions are met:
a) Contracting Party has fully transposed Directive 2009/28/EC, as adapted by
this Decision;
b) that the envisaged statistical transfers or distribution rule (as appropriate) are
based on reliable and accurate energy statistics that are compiled in
accordance with the European Union's methodology on energy statistics,
c) and that the Contracting Party is expected to exceed the indicative
trajectory and binding target without including potential contributions from
joint projects with third countries.
3. The Ministerial Council shall adopt a procedural act on the implementation
of the present article.
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European Commission Guidance on the
Implementation of cooperation mechanisms
To be issued in July 2013
Short-term cost-efficiency
Gaining time for domestic deployment
Statistical
Transfer
= Statistical Transfer + new investment in concrete installation
Joint
Projects
Joint Support
Schemes
Technology specific objectives
Establishing longer term cooperation
Security of supply considerations
Mutual learning
Long-term efficiency through broader
resource portfolio and more liquid markets
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IMPLEMENTATION DEADLINES
Contracting Parties shall bring into force the laws, regulations and
administrative procedures necessary to comply with this Directive
by 1 January 2014
Article 4 - Directive 2009/28/EC as adapted:
• Notification of the National Renewable Energy Action Plans to
the Secretariat NREAP– 30 June 2013
 NREAP based on the EC template, the same for EU-MS;
• Notification of the forecast documents by 31 December 2012
(i.e. six months before the NREAPs are due):
– its estimated excess production of energy from renewable sources
compared to the indicative trajectory which could be transferred to other
Contracting Party in accordance with Articles 6 to 11, as well as its estimated
potential for joint projects, until 2020; and
– its estimated demand for energy from renewable sources to be satisfied by
means other than domestic production until 2020.
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RENEWABLE ENERGY ACTION PLANS

NREAP requirements:
•
National sectoral targets and trajectories (electricity, transport
heating& cooling)
•
•
Adequate measures to achieve the overall target
•
•
Planned statistical transfers or joint projects
•
•
Explanations of the support schemes
Means of cooperation between national, regional and local
authorities
Measures to remove administrative barriers, accelerate
authorisation procedures, reinforce renewable energy
integration into the energy system and the better exploitation of
biomass resources in particular.
For the Contracting Parties – 2009 baseline year
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INDICATIVE TRAJECTORY
S2009 + 0,20 (S2020 – S2009), as an average for the two-year period 2011 to 2012;
S2009 + 0,30 (S2020 – S2009), as an average for the two-year period 2013 to 2014;
S2009 + 0,45 (S2020 – S2009), as an average for the two-year period 2015 to 2016
S2009 + 0,65 (S2020 – S2009), as an average for the two-year period 2017 to 2018
• Energy efficient scenario considered in the forecast >>> posibble
adjustments in the RES Action Plan will be needed in the future
• Target achievement in energy efficiency will help to reach the RES
target at lower cost
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ENFORCEMENT!
 Dispute settlement proceedings for:
 failure to produce an credible national action plan
 failure to implement all aspects of the Directive
 significant deviation from plan or trajectory
 valid complaints from any Contracting Party natural
or legal persons regarding incorrect implementation
or enforcement by the Contracting Party
 Dispute settlement proceedings are the usual tool for
enforcing Energy Community Treaty. Effectiveness:
 most cases are resolved (corrective action taken
by Contracting Parties) before reaching the
Ministerial Council.
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Thank you!
For further RES information please contact:
Gabriela Cretu (RES-E)
gabriela.cretu@energy-community.org
Karolina Cegir (RES-T)
karolina.cegir@energy-community.org
Borko Raicevic (RES-H)
borko.raicevic@energy-community.org
Energy Community Secretariat
Am Hof 4, 1010 Vienna
www.energy-community.org
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