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What changed, Directive 2009/28/EC

2009-04-23 → 2013-07-01 · no interpretation, just the text delta

on 2009-04-23eu-eurlex:32009l0028:2009-04-23 (2009-04-23 → 2013-06-30) · official source ↗
on 2013-07-01eu-eurlex:32009l0028:2013-07-01 (2013-07-01 → 2015-10-04) · official source ↗

Open the structured article comparison → matched by provision anchor, with changed, added, removed and unchanged articles separated

976 line(s) in the old middle, 1,343 in the new; 1 unchanged leading and 1 trailing lines trimmed.

+ ### Article 1 — Subject matter and scope
− ### art_1

− Article 1
+ ### Article 2 — Definitions
− ### art_2

− Article 2
+ (a) ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;
− | (a) | ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; |
− | --- | --- |
+ (b) ‘aerothermal energy’ means energy stored in the form of heat in the ambient air;
− | (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;
− | (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;
− | (d) | ‘hydrothermal energy’ means energy stored in the form of heat in surface water; |
− | --- | --- |
+ (e) ‘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 industrial and municipal was…
− | (e) | ‘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 industrial and municipal…
− | --- | --- |
+ (f) ‘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 h…
− | (f) | ‘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 a…
− | --- | --- |
+ (g) ‘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;
− | (g) | ‘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; |
− | --- | --- |
+ (h) ‘bioliquids’ means liquid fuel for energy purposes other than for transport, including electricity and heating and cooling, produced from biomass;
− | (h) | ‘bioliquids’ means liquid fuel for energy purposes other than for transport, including electricity and heating and cooling, produced from biomass; |
− | --- | --- |
+ (i) ‘biofuels’ means liquid or gaseous fuel for transport produced from biomass;
− | (i) | ‘biofuels’ means liquid or gaseous fuel for transport produced from biomass; |
− | --- | --- |
+ (j) ‘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;
− | (j) | ‘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; |
− | --- | --- |
+ (k) ‘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 energ…
− | (k) | ‘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 e…
− | --- | --- |
+ (l) ‘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 ene…
− | (l) | ‘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…
− | --- | --- |
+ (m) ‘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;
− | (m) | ‘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; |
− | --- | --- |
+ (n) ‘typical value’ means an estimate of the representative greenhouse gas emission saving for a particular biofuel production pathway;
− | (n) | ‘typical value’ means an estimate of the representative greenhouse gas emission saving for a particular biofuel production pathway; |
− | --- | --- |
+ (o) ‘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.
− | (o) | ‘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. |
− | --- | --- |
+ ### Article 3 — Mandatory national overall targets and measures for the use of energy from renewable sources
− ### art_3
− Article 3

+ (a) support schemes;
− | (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.
− | (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. |
− | --- | --- |
+ (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 shall be taken into account;
− | (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 shall be taken into account; |
− | --- | --- |
+ (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;
− | (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; |
− | --- | --- |
+ (c) for the calculation of the contribution from electricity produced from renewable sources and consumed in all types of electric vehicles 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 Community or…
− | (c) | for the calculation of the contribution from electricity produced from renewable sources and consumed in all types of electric vehicles 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 Communit…
− | --- | --- |
+ ### Article 4 — National renewable energy action plans
− ### art_4

− Article 4
+ (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
− | (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.
− | (b) | its estimated demand for energy from renewable sources to be satisfied by means other than domestic production until 2020. |
− | --- | --- |

− ### art_5
+ ### Article 5 — Calculation of the share of energy from renewable sources
− Article 5
+ (a) gross final consumption of electricity from renewable energy sources;
− | (a) | gross final consumption of electricity from renewable energy sources; |
− | --- | --- |
+ (b) gross final consumption of energy from renewable sources for heating and cooling; and
− | (b) | gross final consumption of energy from renewable sources for heating and cooling; and |
− | --- | --- |
+ (c) final consumption of energy from renewable sources in transport.
− | (c) | final consumption of energy from renewable sources in transport. |
− | --- | --- |
+ ### Article 6 — Statistical transfers between Member States
− ### art_6
− Article 6

+ (a) deducted from the amount of energy from renewable sources that is taken into account in measuring compliance by the Member State making the transfer with the requirements of Article 3(1) and (2); and
− | (a) | deducted from the amount of energy from renewable sources that is taken into account in measuring compliance by the Member State making the transfer with the requirements of Article 3(1) and (2); and |
− | --- | --- |
+ (b) added to the amount of energy from renewable sources that is taken into account in measuring compliance by another Member State accepting the transfer with the requirements of Article 3(1) and (2).
− | (b) | added to the amount of energy from renewable sources that is taken into account in measuring compliance by another Member State accepting the transfer with the requirements of Article 3(1) and (2). |
− | --- | --- |

− ### art_7
+ ### Article 7 — Joint projects between Member States
− Article 7
+ (a) describe the proposed installation or identify the refurbished installation;
− | (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 of another Member State;
− | (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 of another Member State; |
− | --- | --- |
+ (c) identify the Member State in whose favour the notification is being made; and
− | (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 of the other Member State.
− | (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 of the other Member State. |
− | --- | --- |
+ ### Article 8 — Effects of joint projects between Member States
− ### art_8

− Article 8
+ (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; and
− | (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; 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 of another Member State in accordance with the terms of the notification.
− | (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 of another Member State in accordance with the terms of the notification. |
− | --- | --- |
+ (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 Member State issuing the letter of notification under paragraph 1; and
− | (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 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 Member State receiving the letter of notification in accordance with paragraph 2.
− | (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 Member State receiving the letter of notification in accordance with paragraph 2. |
− | --- | --- |
+ ### Article 9 — Joint projects between Member States and third countries
− ### art_9

− Article 9
+ 
+ (a) the electricity is consumed in the Community, 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 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;
− | (a) | the electricity is consumed in the Community, 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 count…
− | --- | --- |
− | (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 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
− | (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.
− | (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. |
− | --- | --- |
+ (a) construction of the interconnector started by 31 December 2016;
− | (a) | construction of the interconnector started by 31 December 2016; |
− | --- | --- |
+ (b) it is not possible for the interconnector to become operational by 31 December 2020;
− | (b) | it is not possible for the interconnector to become operational by 31 December 2020; |
− | --- | --- |
+ (c) it is possible for the interconnector to become operational by 31 December 2022;
− | (c) | it is possible for the interconnector to become operational by 31 December 2022; |
− | --- | --- |
+ (d) after it becomes operational, the interconnector will be used for the export to the Community, in accordance with paragraph 2, of electricity generated from renewable energy sources;
− | (d) | after it becomes operational, the interconnector will be used for the export to the Community, 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 after the inte…
− | (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 after the …
− | --- | --- |
+ (a) describe the proposed installation or identify the refurbished installation;
− | (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 of a Member State as well as, subject to confidentiality requirements, the corresponding financial arrangements;
− | (b) | specify the proportion or amount of electricity produced from the installation which is to be regarded as counting towards the national target 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 of the Member State; and
− | (c) | specify the period, in whole calendar years, during which the electricity is to be regarded as counting towards the national overall target 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.
− | (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. |
− | --- | --- |
+ ### Article 10 — Effects of joint projects between Member States and third countries
− ### art_10
− Article 10

+ (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;
− | (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; |
− | --- | --- |
+ (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 in accordance with the terms of the notification under Article 9; and
− | (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 in accordance with the terms of the notification under Article 9; and |
− | --- | --- |
+ (c) proof of compliance with the conditions set out in Article 9(2).
− | (c) | proof of compliance with the conditions set out in Article 9(2). |
− | --- | --- |
+ ### Article 11 — Joint support schemes
− ### art_11
− Article 11

+ (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; or
− | (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; 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.
− | (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 effec…
− | --- | --- |
+ ### Article 12 — Capacity increases
− ### art_12

− Article 12
+ ### Article 13 — Administrative procedures, regulations and codes
− ### art_13
− Article 13

+ (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…
− | (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…
− | --- | --- |
+ (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;
− | (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; |
− | --- | --- |
+ (c) administrative procedures are streamlined and expedited at the appropriate administrative level;
− | (c) | administrative procedures are streamlined and expedited at the appropriate administrative level; |
− | --- | --- |
+ (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;
− | (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; |
− | --- | --- |
+ (e) administrative charges paid by consumers, planners, architects, builders and equipment and system installers and suppliers are transparent and cost-related; and
− | (e) | administrative charges paid by consumers, planners, architects, builders and equipment and system installers and suppliers are transparent and cost-related; and |
− | --- | --- |
+ (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.
− | (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. |
− | --- | --- |
+ ### Article 14 — Information and training
− ### art_14

− Article 14
+ ### Article 15 — Guarantees of origin of electricity, heating and cooling produced from renewable energy sources
− ### art_15

− Article 15
+ (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
− | (a) | the energy source from which the energy was produced and the start and end dates of production; |
− | --- | --- |
+ (ii) heating or cooling;
− | (b) | whether it relates to:(i)electricity; or(ii)heating or cooling; |
− | --- | --- |
− | (i) | electricity; or |
− | (ii) | heating or cooling; |
+ (c) the identity, location, type and capacity of the installation where the energy was produced;
− | (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;
− | (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
− | (e) | the date on which the installation became operational; and |
− | --- | --- |
+ (f) the date and country of issue and a unique identification number.
− | (f) | the date and country of issue and a unique identification number. |
− | --- | --- |
+ ### Article 16 — Access to and operation of the grids
− ### art_16

− Article 16
+ (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;
− | (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;
− | (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 transparen…
− | (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 transp…
− | --- | --- |
+ (a) a comprehensive and detailed estimate of the costs associated with the connection;
− | (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;
− | (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.
− | (c) | a reasonable indicative timetable for any proposed grid connection. |
− | --- | --- |
+ ### Article 17 — Sustainability criteria for biofuels and bioliquids
− ### art_17
− Article 17

+ (a) measuring compliance with the requirements of this Directive concerning national targets;
− | (a) | measuring compliance with the requirements of this Directive concerning national targets; |
− | --- | --- |
+ (b) measuring compliance with renewable energy obligations;
− | (b) | measuring compliance with renewable energy obligations; |
− | --- | --- |
+ (c) eligibility for financial support for the consumption of biofuels and bioliquids.
− | (c) | eligibility for financial support for the consumption of biofuels and bioliquids. |
− | --- | --- |
+ 
+ (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 secon…
+ 
+ unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;
+ (c) highly biodiverse grassland that is:
− | (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; |
− | --- | --- |
+ (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
− | (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 In…
− | --- | --- |
− | (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 s…
+ (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, unless evidence is provided that the harvesting of the raw material is necessary to preserve its grassland status.
− | (c) | highly biodiverse grassland 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 grass…
− | --- | --- |
− | (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, unless evidence is provided that the harvesting of the raw material is necessary to preserve its grassland status. |
+ (a) wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year;
− | (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;
− | (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 d…
− | (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 la…
− | --- | --- |
+ — Convention concerning Forced or Compulsory Labour (No 29),
− | — | Convention concerning Forced or Compulsory Labour (No 29), |
− | --- | --- |
+ — Convention concerning Freedom of Association and Protection of the Right to Organise (No 87),
− | — | Convention concerning Freedom of Association and Protection of the Right to Organise (No 87), |
− | --- | --- |
+ — Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (No 98),
− | — | Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (No 98), |
− | --- | --- |
+ — Convention concerning Equal Remuneration of Men and Women Workers for Work of Equal Value (No 100),
− | — | Convention concerning Equal Remuneration of Men and Women Workers for Work of Equal Value (No 100), |
− | --- | --- |
+ — Convention concerning the Abolition of Forced Labour (No 105),
− | — | Convention concerning the Abolition of Forced Labour (No 105), |
− | --- | --- |
+ — Convention concerning Discrimination in Respect of Employment and Occupation (No 111),
− | — | Convention concerning Discrimination in Respect of Employment and Occupation (No 111), |
− | --- | --- |
+ — Convention concerning Minimum Age for Admission to Employment (No 138),
− | — | 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).
− | — | Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No 182). |
− | --- | --- |
+ — the Cartagena Protocol on Biosafety,
− | — | the Cartagena Protocol on Biosafety, |
− | --- | --- |
+ — the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
− | — | the Convention on International Trade in Endangered Species of Wild Fauna and Flora. |
− | --- | --- |
+ ### Article 18 — Verification of compliance with the sustainability criteria for biofuels and bioliquids
− ### art_18

− Article 18
+ (a) allows consignments of raw material or biofuel with differing sustainability characteristics to be mixed;
− | (a) | allows consignments of raw material or biofuel with differing sustainability characteristics to be mixed; |
− | --- | --- |
+ (b) requires information about the sustainability characteristics and sizes of the consignments referred to in point (a) to remain assigned to the mixture; and
− | (b) | requires information about the sustainability characteristics and sizes of the consignments referred to in point (a) to remain assigned to the mixture; and |
− | --- | --- |
+ (c) 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.
− | (c) | 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. |
− | --- | --- |
+ (a) the effectiveness of the system in place for the provision of information on sustainability criteria; and
− | (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.
− | (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. |
− | --- | --- |

− ### art_19
+ ### Article 19 — Calculation of the greenhouse gas impact of biofuels and bioliquids
− Article 19
+ (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 and where the *el* value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V is equal to or less than zero, by using that default val…
− | (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 and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V is equal to or less than zero, by using that default v…
− | --- | --- |
+ (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V; or
− | (b) | by using an actual value calculated in accordance with the methodology laid down in part C of Annex V; or |
− | --- | --- |
+ (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex V, where disaggregated 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 Ann…
− | (c) | by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex V, where disaggregated 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…
− | --- | --- |
+ (a) cultivated outside the Community;
− | (a) | cultivated outside the Community; |
− | --- | --- |
+ (b) cultivated in the Community in areas included in the lists referred to in paragraph 2; or
− | (b) | cultivated in the Community in areas included in the lists referred to in paragraph 2; or |
− | --- | --- |
+ (c) waste or residues other than agricultural, aquaculture and fisheries residues.
− | (c) | waste or residues other than agricultural, aquaculture and fisheries residues. |
− | --- | --- |
+ — the method of accounting for wastes and residues,
− | — | the method of accounting for wastes and residues, |
− | --- | --- |
+ — the method of accounting for co-products,
− | — | the method of accounting for co-products, |
− | --- | --- |
+ — the method of accounting for cogeneration, and
− | — | the method of accounting for cogeneration, and |
− | --- | --- |
+ — the status given to agricultural crop residues as co-products.
− | — | the status given to agricultural crop residues as co-products. |
− | --- | --- |
+ (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 be typical of normal production processes;
− | (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 be typical of normal production processes; |
− | --- | --- |
+ (b) in all other cases default values must be conservative compared to normal production processes.
− | (b) | in all other cases default values must be conservative compared to normal production processes. |
− | --- | --- |
+ ### Article 20 — Implementing measures
− ### art_20
− Article 20

+ ### Article 21 — Specific provisions related to energy from renewable sources in transport
− ### art_21
− Article 21

+ ### Article 22 — Reporting by the Member States
− ### art_22

− Article 22
+ (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 tra…
− | (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…
− | --- | --- |
+ (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 al…
− | (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 i…
− | --- | --- |
+ (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 cellu…
− | (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 c…
− | --- | --- |
+ (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;
− | (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;
− | (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);
− | (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); |
− | --- | --- |
+ (g) developments in the availability and use of biomass resources for energy purposes;
− | (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;
− | (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; |
− | --- | --- |
+ (i) the development and share of biofuels made from wastes, residues, non-food cellulosic material, and ligno-cellulosic material;
− | (i) | the development and share of biofuels made from wastes, residues, non-food cellulosic material, and ligno-cellulosic material; |
− | --- | --- |
+ (j) the estimated impact of the production of biofuels and bioliquids on biodiversity, water resources, water quality and soil quality within the Member State;
− | (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;
− | (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;
− | (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; and
− | (m) | the estimated demand for energy from renewable sources to be satisfied by means other than domestic production until 2020; and |
− | --- | --- |
+ (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.
− | (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. |
− | --- | --- |
+ (a) establish a single administrative body responsible for processing authorisation, certification and licensing applications for renewable energy installations and providing assistance to applicants;
− | (a) | establish a single administrative body responsible for processing authorisation, certification and licensing applications for renewable energy installations and providing assistance to applicants; |
− | --- | --- |
+ (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
− | (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.
− | (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. |
− | --- | --- |
+ ### Article 23 — Monitoring and reporting by the Commission
− ### art_23

− Article 23
+ (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;
− | (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;
− | (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);
− | (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;
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