Directive 2009/28 / EC (Renewable Energy Directive)

This article was entered in the editorial right for improvement due to formal or factual deficiencies in quality assurance . This is done in order to bring the quality of articles from the subject area law to an acceptable level. Help to eliminate the shortcomings in this article and take part in the discussion ! ( + ) Reason: The Renewable Energy Directive (abbreviated RED ) was published in December 2018 as Directive (EU) 2018/2001 in a new version in the Official Journal of the European Union . The most important changes have already been presented in a rough overview, but details of important innovations should be added, as there are now two different RED guidelines. - Bcoh ( discussion ) 23:11, 16 Aug 2019 (CEST)

Directive 2009/28 / EC
Title:	Directive 2009/28 / EC of the European Parliament and of the Council of April 23, 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77 / EC and 2003/30 / EC
Designation: (not official)	Renewable Energy Directive, RED 1
Scope:	EEA
Legal matter:	Energy law
Basis:	Treaty establishing the European Community , in particular Article 175 (1) and Article 95
Procedure overview:	European Commission European Parliament IPEX Wiki
Come into effect:	June 25, 2009
Replaces:	Directive 2001/77 / EC , Directive 2003/30 / EC
Replaced by:	Directive (EU) 2018/2001
Reference:	OJ L 140 of 5.6.2009, pp. 16-62
Full text	Consolidated version (not official) basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Renewable Energy Directive (2009/28 / EC) has been the foundation for European renewable energy policy since 2009. It served as an effective compensation for the financial and structural subsidies and advantages for conventional energies that had been made over the decades. This guideline was comprehensively amended with effect from December 2018.

Directive (EU) 2018/2001

Directive (EU) 2018/2001
Title:	Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources
Designation: (not official)	Renewable Energy Directive, RED II
Scope:	EEA
Legal matter:	Energy law
Basis:	TFEU , in particular Article 194 (2)
Procedure overview:	European Commission European Parliament IPEX Wiki
Come into effect:	24/12/2018
Replaces:	Directive 2009/28 / EC
Reference:	OJ L 328 of December 21, 2018, pp. 82-209
Full text	Consolidated version (not official) basic version
Regulation has entered into force but is not yet applicable.
Please note the information on the current version of legal acts of the European Union !

The new Renewable Energies Directive II was announced on December 21, 2018, came into force on December 24, 2018 and is to be implemented in national law by June 30, 2021. The previous Directive 2009/28 / EC will expire on July 1, 2021 (with the exception of certain provisions such as the targets).

The essential thing about RED II is:

Binding targets at EU level by 2030 (Art. 3)

Unlike before, where there were nationally binding targets, the new directive only provides for one binding overall target at EU level: 32% renewable energies by 2030. From 2021, the member states must "jointly ensure" that the EU-wide RE Expansion target of 32% by 2030 is achieved (Art. 3 Para. 1). To this end, they must specify national contributions within the framework of their respective climate and energy plans (NECP) (Art. 3 Para. 2) and continue to comply with their national RES expansion targets from the previous Directive for 2020 (Art. 3 Para. 4). The Commission will review the target by 2023 and tighten it if necessary (Art. 3 (1)).

The following table shows the implementation of the binding national targets from Directive (2009/28 / EC). Some countries achieved the climate targets set for them earlier and are marked in green . Croatia did not join the EU until 2013 and received the overall EU target of 20% as a climate target, which the country had already met before. 

Share of renewable energies in gross final energy consumption in percent

	2004	2005	2006	2007	2008	2009	2010	2011	2012	2013	2014	2015	2016	2017	2018	Goal 2020	2030 target
EU-28	8.5	9.0	9.5	10.5	11.1	12.4	12.9	13.2	14.4	15.2	16.1	16.7	17.0	17.5	18.0	20th	32
EU-27	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	20th	-
Belgium	1.9	2.3	2.6	3.1	3.6	4.7	5.7	6.3	7.2	7.5	8.0	7.9	8.7	9.1	9.4	13
Bulgaria	9.4	9.4	9.6	9.2	10.5	12.1	14.1	14.3	16.0	19.0	18.0	18.2	18.8	18.7	20.5	16
Czech Republic	6.8	7.1	7.4	8.0	8.6	9.9	10.5	10.9	12.8	13.8	15.0	15.0	14.9	14.8	15.2	13
Denmark	14.9	16.0	16.3	17.8	18.6	20.0	22.1	23.5	25.7	27.4	29.6	31.0	32.2	34.7	35.7	30th
Germany	5.8	6.7	7.7	9.1	8.6	9.9	10.5	11.4	12.1	12.4	13.8	14.6	14.8	15.5	16.5	18th	30th
Estonia	18.4	17.5	16.1	17.1	18.9	23.0	24.6	25.5	25.8	25.6	26.3	28.6	28.8	29.2	30.0	25th
Ireland	2.4	2.9	3.2	3.7	4.1	5.1	5.7	6.5	7.1	7.7	8.7	9.2	9.5	10.6	11.1	16
Greece	6.9	7.0	7.2	8.2	8.0	8.5	9.8	10.9	13.5	15.0	15.3	15.3	15.2	17.0	18.0	18th
Spain	8.4	8.5	9.2	9.7	10.8	13.0	13.8	13.2	14.3	15.3	16.1	16.2	17.3	17.6	17.5	20th
France	9.5	9.6	9.3	10.3	11.3	12.3	12.7	11.1	13.4	14.1	14.7	15.1	15.7	16.0	16.6	23
Croatia	23.5	23.8	22.7	22.2	22.0	23.6	25.1	25.4	26.8	28.0	27.8	29.0	28.3	27.3	28.0	20th
Italy	6.3	7.5	8.3	9.8	11.5	12.8	13.0	12.9	15.4	16.7	17.1	17.5	17.4	18.3	17.8	17th
Cyprus	3.1	3.1	3.3	4.0	5.1	5.6	6.0	6.0	6.8	8.1	8.9	9.4	9.3	9.9	13.9	13
Latvia	32.8	32.3	31.1	29.6	29.8	34.3	30.4	33.5	35.7	37.1	38.7	37.6	37.2	39.0	40.3	40
Lithuania	17.2	16.8	16.9	16.5	17.8	19.8	19.6	19.9	21.4	22.7	23.6	25.8	25.6	26.0	24.5	23
Luxembourg	0.9	1.4	1.5	2.7	2.8	2.9	2.9	2.9	3.1	3.5	4.5	5.0	5.4	6.3	9.1	11
Hungary	4.4	6.9	7.4	8.6	8.6	11.7	12.7	14.0	15.5	16.2	14.6	14.4	14.2	13.5	12.5	13
Malta	0.1	0.1	0.1	0.2	0.2	0.2	1.0	1.9	2.8	3.7	4.7	5.0	6.0	7.3	8.0	10
Netherlands	2.0	2.5	2.8	3.3	3.6	4.3	3.9	4.5	4.7	4.8	5.5	5.8	6.0	6.5	7.4	14th
Austria	22.5	23.7	25.4	27.0	27.8	30.0	30.2	30.6	31.5	32.4	33.0	32.8	33.4	33.1	33.4	34	46-50
Poland	6.9	6.9	6.9	6.9	7.7	8.7	9.3	10.3	10.9	11.4	11.5	11.7	11.3	11.0	11.3	15th
Portugal	19.2	19.5	20.8	21.9	23.0	24.4	24.2	24.6	24.6	25.7	27.0	28.0	30.9	30.6	30.3	31
Romania	16.3	17.3	17.1	18.3	20.5	22.7	23.4	21.4	22.8	23.9	24.8	24.8	25.0	24.5	23.9	24
Slovenia	16.1	16.0	15.6	15.6	15.0	20.1	20.4	20.3	20.8	22.4	21.5	21.9	21.3	21.6	21.2	25th
Slovakia	6.4	6.4	6.6	7.8	7.7	9.4	9.1	10.3	10.4	10.1	11.7	12.9	12.0	11.5	11.9	14th
Finland	29.2	28.8	30th	29.6	31.3	31.3	32.4	32.8	34.4	36.7	38.7	39.2	38.7	41.0	41.2	38
Sweden	38.7	40.6	42.7	44.2	45.3	48.2	47.2	48.8	51.1	52.0	52.5	53.0	53.4	54.2	54.7	49
United Kingdom	1.1	1.3	1.5	1.8	2.7	3.3	3.7	4.2	4.6	5.7	7.0	8.5	9.0	9.7	11.0	15th	-
Iceland	58.9	60.1	60.8	71.4	67.4	69.6	70.3	71.5	72.4	71.6	70.4	70.2	72.6	70.7	72.2	-	-
Norway	58.1	59.8	60.2	60.1	61.7	64.8	61.1	63.7	64	65.9	68.6	68.4	70.2	71.6	72.8	-	-
Switzerland	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-
Montenegro	-	35.7	34.8	32.9	32.3	39.4	40.6	40.6	41.5	43.7	44.1	43.1	41.5	39.7	38.8	-	-
North Macedonia	15.7	16.5	16.5	15.0	15.6	17.2	16.5	16.4	18.1	18.5	19.6	19.5	18.0	19.7	18.1	-	-
Albania	27.8	30.3	32.1	32.7	32.4	31.4	31.9	31.2	35.2	33.2	31.5	34.4	37.1	34.6	34.9	-	-
Serbia	12.9	14.4	14.6	14.4	16	21.2	19.9	19.2	20.9	21.4	22.7	21.8	20.9	20.6	20.3	-	-

National Energy and Climate Plan (NECP)

Art. 3 (2) links the common goal of the EU with the obligation of the member states from Art. 3 of the so-called Governance Regulation (Regulation 2018/1999 on the Governance System for the Energy Union and for Climate Protection), integrated national energy and draw up climate plans. All member states must submit such plans to the Commission by the end of 2019 and every ten years thereafter (Art. 3 (1) Governance Regulation). They must include measures as well as timetables and proposals for funding (Art. 4-8 Governance Regulation). The drafts of the national plans are first assessed by the EU Commission, which makes recommendations to the individual states if necessary (Art. 9 Governance Regulation). From 2021 onwards, the EU 2020 targets, which were defined in RED I (Art. 13 Governance Regulation), will serve as the basis for assessment.

Conveyor systems

The support mechanisms must be designed in such a way that • they offer incentives for market-based renewable energy feed-in, • distortions of competition on the electricity markets are avoided, • the renewable electricity providers react to electricity market prices and network bottlenecks. It is crucial that the requirements of RED II with regard to transparency, non-discrimination, etc. are guaranteed and it is ensured that the aid associated with the funding is limited to the necessary minimum.

Prohibition of retrospective deterioration

The member states ensure that changes they make to RE support do not have a negative impact on the profitability of the supported projects (Art 6).

Opening up support systems to other Member States

Member States can decide for themselves that in future part of the RE capacity they support will be open to RE providers from other Member States. According to Art 5, the non-binding share should be at least 5% from 2021 and 10% from 2027. By 2023, the Commission is assessing the extent to which the Member States should be obliged to partially open their RE support systems to other Member States.

Heating and cooling sector

The Member States have the indicative target of increasing the RE share in the heating and cooling sector by at least 1.3% per year. The target is reduced to 1.1% for those Member States that do not use waste heat or cooling.

Transport sector (Art. 25)

Obligation of fuel manufacturers to demonstrate a RE share of 14% by 2030.

Further innovations in Directive (EU) 2018/2001

• Development of intelligent networks (15% electricity interconnection by 2030)
• Increase in cooperation among member states (project planning, funding)
• Simplification of the approval process
• Possibility of self-sufficiency and surplus feed-in
• Recognition of "renewable energy communities"

Directive 2009/28 / EC

With the Renewable Energy Sources Directive (EC) , complete Directive 2009/28 / EC of the European Parliament and of the Council of April 23, 2009 on the promotion of the use of energy from renewable sources and on the amendment and subsequent repeal of Directive 2001/77 / EC and 2003/30 / EC , the share of renewable energies to be achieved by them in the total energy they consume by the year 2020 was determined bindingly for the member states of the European Union with the aim that by this year in the total EU the share of renewable energies in total energy consumption will be at least 20%.

occasion

Negotiations between the EU and its member states on the 2020 climate and energy package preceded the directive . It was triggered by the resolutions of the European Council in 2007 on an integrated energy and climate policy. For the first time, the directive creates a framework for the use of renewable energies in the three energy sectors of electricity , heating / cooling and transport . The previously applicable directives 2001/77 / EC for electricity and 2003/30 / EC for biofuels were repealed with the EE directive. The EU's competence to issue the EE Directive is based on both its environmental competence (Art. 175 (1) ECT ) and its internal market competence (Art. 95 ECT).

Targets for the shares in total energy consumption

The directive sets the share of renewable energies in total final energy consumption (Art. 5 Directive) that must be achieved by the member state in 2020 for each member state separately , for Germany at 18%, so that the share in the entire EU then increases to 20% amounts to. The quotas imposed on the member states vary with regard to the level reached up to the date of the adoption of the directive. These quotas are binding, which means that if the targets are not achieved, the EU can impose sanctions on the member states concerned. For the transport sector it was also stipulated that within the overall target in each Member State at least 10% of the energy consumed must come from renewable energies.

Funding models

Within the EU, there have been two support models for electricity generation from the start. This is again the German, now by the majority of Member States feed model adopted the Renewable Energy Law , on the other hand, the in Sweden and earlier in the United Kingdom applied quota system , according to the producers certain quotas imposed by electricity from renewable sources that these but also by purchasing green certificates (for electricity generated accordingly). For many years, the EU had favored the quota model, as the German feed-in model is limited to subsidies for electricity generated in the sponsoring state, while the quota model also allows electricity generated from renewable energies in other member states to be traded in certificates. The Commission later supported both models with the intention that they should compete with each other. Both models will also continue to be approved in the Renewable Energy Sources Directive. However, the necessity of a permanent safeguarding of the models by the guideline is now explicitly declared to be the goal (recital 25) in order to guarantee investment security with regard to the funding. This should also remove the last doubt about Community law admissibility for the original German feed-in model .

General measures

The member states are obliged to take the measures necessary to achieve the targets, including not only funding schemes but also measures for cooperation between the member states and third countries. The provisions of the EC Treaty on the prohibition of subsidies (Art. 87 EGV) are restricted to the effect that the member states may also limit their subsidies to domestic electricity from renewable energies (Art. 3 (2) Directive). Each member state has to adopt a national action plan for renewable energies by 30 June 2010 and submit it to the EU. If a country falls short of the goals of its action plan for two years, it must present an adapted action plan, which lists measures to meet the goals. Joint projects between Member States and with third countries are foreseen. In the case of projects with third countries, under certain conditions, electricity generated after the 2020 deadline, e.g. This can be used, for example, when calculating the fulfillment of the targets (Art. 9 Para. 3 Directive), as in the case of large-scale projects for the use of solar energy in the Sahara .

Individual measures

The member states are obliged to simplify their relevant administrative procedures and to make them more efficient and to replace approval procedures for smaller projects and, if necessary, for decentralized systems for the production of energy from renewable energies with simple notifications (Art. 13 para. 2 lit. f Directive) .

By December 31, 2014, the member states must adapt their regulations for both new and existing buildings, insofar as major renovation work is carried out there, so that a minimum amount of energy from renewable energies is used for heating or cooling (Art. 13 Paragraph 4 Directive). In Germany, according to the Renewable Energies Heat Act, this has so far only applied to new buildings (with the exception of Baden-Württemberg , where the obligation to use it also extends to old buildings under certain conditions).

The Member States must take the appropriate steps to develop the networks for the consumption of electricity from renewable energies, to guarantee their priority or guaranteed network access at cost-covering prices and to transmit and distribute the electricity drawn. The transmission and distribution network operators can be required to assume the additional costs incurred in generating electricity from renewable energies (Art. 16 Directive). In Germany, these requirements have largely already been met by the Renewable Energy Sources Act .

Goals in the transport sector

To calculate the final energy consumption in the transport sector , only petrol and diesel fuels and biofuels and electricity used in road and rail transport are taken into account. When calculating the quantities with which at least 10% of final energy consumption must be covered by renewable energies by 2020, all types of energy from renewable sources that are consumed in all modes of transport are taken as a basis. In the case of vehicles with electric drive in road traffic, the consumption of electricity that is obtained from renewable energies is taken into account in the calculations with 2.5 times the energy content (Art. 3 Para. 4 lit. c) Directive).

In Germany, the Biofuel Quota Act in conjunction with Section 37a (4) BImSchG stipulates that the greenhouse gas emissions from fossil petrol and fossil diesel fuels placed on the market plus the greenhouse gas emissions from the biofuels placed on the market should be 3.5% from 2015 (4% ​​from 2017, from 2020 by 6%) compared to the fossil reference value of 83.8 kg CO ₂ eq / GJ. Directive 2003/30 / EC , which had previously regulated the use of biofuels, has been repealed and replaced by these provisions of the Renewable Energy Sources Directive.

Sustainability requirements for biomass

For the production of biofuels and liquid biofuels, irrespective of whether the renewable raw materials are grown inside or outside the Community, energies obtained from them are only taken into account within the framework of the guidelines and requirements of the directive if they lead to a reduction in greenhouse gas emissions of at least 35% ; the percentage will increase to 50% from 2017. Likewise, only those raw materials may be used that come from sustainable cultivation, for which detailed specifications are made from the point of view of nature and environmental protection . Raw materials from primary forests - such as tropical rainforests - are excluded. Finally, the Commission is obliged to report every two years on the consequences of the increased demand for renewable raw materials both in the Member States and in third countries with regard to nature and environmental protection and the working and social conditions of the population affected. In Germany, these requirements for the field of electricity production were already met by the Biomass Electricity Sustainability Ordinance of July 29, 2009. Similarly, the Biofuel Sustainability Ordinance of September 30, 2009 (Federal Law Gazette I 3182) was issued.

According to the new biofuel strategy presented in October 2012, the EU Commission plans to limit the use of biofuels to 5 percent. In order to still achieve the renewable quotas provided for by the EU Renewable Energy Sector in the transport sector of 10 percent by 2020, biofuels from waste products, straw or algae should be given greater credit. However, this does not increase the proportion of biofuels in the fuel market, but de facto reduces it to 5 percent, so that the desired reduction in the import dependency of crude oil would not be achieved. In addition, the commission wants to increase the minimum thresholds for greenhouse gas reduction in new plants to 60 percent. → more in the article biofuel

Further information

Links to Directive (EU) 2018/2001

• Renewable Energy Directive RED II - Legislation , IG Windkraft, accessed on June 22, 2019
• National energy and climate plans (NECPs) , European Commission (as of July 24, 2020), accessed on August 3, 2020
• Austria's integrated national energy and climate plan ,
  Austrian Federal Ministry for Sustainability and Tourism (as of March 11, 2020), accessed on April 2, 2020
• EEÖ statement on the National Energy and Climate Plan , Erneuerbare-Energie.at, accessed on June 22, 2019
• EU Directive 2018/2001 of December 11, 2018 on the promotion of the use of energy from renewable sources - new version (RED II): Official Journal of the EU (PDF file with 1.26 MB, 126 pages)
• Directive (EU) 2018/2001 : Article overview, beck-online database, accessed on June 22, 2019

Literature on Directive (2009/28 / EC)

• Wieland Lehnert, Jens Vollprecht: New impulses from Europe, the renewable energy directive of the EU . In: Journal for Environmental Law . 2009, p. 301-316 .
• Christina Ringel, Christian Bitsch: The reorganization of renewable energies in Europe . In: New journal for administrative law . 2009, p. 807-811 .
• Andreas Klemm: Specifications from Brussels: An overview of the Renewable Energies Law Adaptation to European Law . In: Law of Renewable Energies . 2011, p. 61-67 .

See also

• One percent is enough , report to the Club of Rome 2016
• The limits of growth
• European Union energy policy
• European Union climate policy
• UN goals for sustainable development :
  17 SDGs of the 2030 Agenda

Individual evidence

1. ↑ ^{a b} EU Directive 2018/2001 of December 11, 2018 on the promotion of the use of energy from renewable sources - new version (RED II): Official Journal of the EU (PDF file with 1.26 MB, 126 pages), accessed on June 22 2019.
2. ↑ ^{a b c d e f g h i} Renewable Energy Directive , February 13, 2019, Interest Group Wind Power Austria, accessed on June 22, 2019
3. ↑ Share of renewable energies in gross final energy consumption. Eurostat, March 6, 2020, accessed on June 8, 2020 (rounded to one decimal place, data before 2018 only partially updated). 
4. ^ BMWi: National Energy and Climate Plan (NECP). 2020, accessed on August 27, 2020 . 
5. ↑ Federal Ministry of Agriculture, Regions and Tourism: Integrated national energy and climate plan for Austria. (PDF; 3.3 MB) December 18, 2019, p. 78 , accessed on February 27, 2020 . 
6. ↑ Directive 2009/28 / EC on the promotion of the use of energy from renewable sources and on the amendment and subsequent repeal of Directives 2001/77 / EC and 2003/30 / EC .
7. ↑ Wieland Lehnert, Jens Vollprecht: New impulses from Europe, the renewable energy directive of the EU . In: Journal for Environmental Law . 2009, p. 301-316 , here p. 308 .
8. ↑ Wieland Lehnert, Jens Vollprecht: New impulses from Europe, the renewable energy directive of the EU . In: Journal for Environmental Law . 2009, p. 301-316 , here p. 312 .
9. ↑ Ordinance on requirements for sustainable production of biofuels (Biofuel Sustainability Ordinance -Biokraft-NachV) of September 30, 2009 Federal Law Gazette I 3182 (PDF; 168 kB).
10. ↑ NEW COMMISSION PROPOSAL ON BIOFUELS PRODUCTION .

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