The discussions surrounding the new EU Climate Change Package drew also the attention of the Energy Community in course of 2008. Discussions evolved both in the context of the PHLG and Ministerial Council. To effect, the Secretariat was guided to pay due attention to the issue when developing the Energy Community Work Programme for 2010-2011 as well as to envisage relevant coverage of the topic in 2009.
New EU Directive
In Dec 2008, the European Parliament adopted the Climate Change Package with an aim to achieve the EU climate targets by 2020: a 20% reduction in greenhouse gas emissions, a 20% improvement in energy efficiency, and a 20% share for renewables in the EU energy mix.
The new renewable energy Directive lays down mandatory national targets to be achieved by EU-27 through promoting the use of renewable energy in the electricity, heating and cooling, and transport sectors in order to ensure that renewable energy makes up at least 20% of the EU's total energy consumption by 2020. The agreement foresees also that renewable energy, such as biofuels, electricity and hydrogen produced from renewable sources, account for at least 10% of the EU's total fuel consumption in all forms of transport by 2020.
In terms of reaching the mandatory national targets, the renewable energy Directive provides the flexibility to use support schemes and measures of cooperation between different EU-27 and with third countries in accordance with Articles 5-11 of the Directives.
The EU Member States have to adopt, publish and notify to the Commission their National Action Plans. In line with the objectives of the directive, the plans must ensure that authorisation, certification and licensing procedures are simplified to remove barriers in the development of renewables market.
It is for the very first time, that an EU piece of legislation makes a reference to the Energy Community Treaty and envisages mutually benefitting cooperation between EU-27 and the Contracting Parties. In the Directive’s recital 35 it says – “If, by virtue of a decision taken under the Energy Community Treaty to that effect, the contracting parties to that treaty become bound by the relevant provisions of this Directive, the measures of co-operation between Member States foreseen in this Directive will be applicable to them.” In Article 9, the Directive additionally outlines joint co-operation projects between the Energy Community and the EU-27.
The new Directive 2009/28/EC will repeal the Directives 2001/77/EC and 2003/30/EC with effect of 1 January 2012.
