AVRUPA PARLAMENTOSU VE KONSEYİ 2001/77/EC DİREKTİFİ 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 internal electricity market İç Elektrik Pazarında Yenilenebilir Enerji Kaynaklarından Üretilen Elektriğin Teşviki üzerine 27 Eylül 2001 Tarihli AVRUPA PARLAMENTOSU VE KONSEYİ 2001/77/EC DİREKTİFİ THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission ( 1 ), Having regard to the opinion of the Economic and Social Committee (2), Having regard to the opinion of the Committee of the Regions (3), Acting in accordance with the procedure laid down in Article 251 of the Treaty (4), Whereas: (1) The potential for the exploitation of renewable energy sources is underused in the Community at present. The Community recognises the need to promote renewable energy sources as a priority measure given that their exploitation contributes to environmental protection and sustainable development. in addition this can also create local employment, have a positive impact on social cohesion, contribute to security of supply and make it possible to meet Kyoto targets more quickly. it is therefore necessary to ensure that this potential is betler exploited within the framework of the internal electricity market. (2) The promotion of electricity produced from renewable energy sources is a high Community priority as outlined in the White Paper on Renewable Energy Sources (hereinafter referred to as 'the White Paper') for reasons of security and diversifıcation of energy supply, of environmental protection and of social and economic cohesion. That was endorsed by the Council in its resolution of 8 June 1998 on renewable sources of energy (5), and by the European Parliament in its resolution on the White Paper. (6) (3) The increased use of electricity produced from renewable energy sources constitutes an important part of the package of measures needed to comply with the Kyoto Protocol to the United Nations Framework Convention on Climate Change, and of any policy package to meet further commitments. (4) The Council in its conclusions of 11 May 1999 and the European Parliament in its resolution of 17 June 1998 on electricity from renewable energy sources ( 7 ) have invited the Commission to submit a concrete (1) OJ C 311 E, 31.10.2000, p. 320 and OJ C 154 E, 29.5.2001, p.89. (2) OJ C 367, 20.12.2000, p. 5. (3) OJ C 22, 24.1.2001, p. 27. (4) Opinion of the European Parliament of 16 November 2000 (OJ C 223, 8.8.2001, p. 294), Council Common Position of 23 March 2001 (OJ C 142, 15.5.2001, p. 5) and Decision of the European Parliament of 4 July 2001 (not yet published in the Official Journal). Council Decision of 7 September 2001. proposal for a Community framework on access for electricity produced from renewable energy sources to the internal market. Furthermore, the European Parliament in its resolulion of 30 March 2000 on electricity from renewable energy sources and the internal electricity market (8) underlined that binding and ambitious renewable energy targets at the national level are essential for obtaining results and achieving the Community targets. (5) To ensure increased market penetration of electricity produced from renewable energy sources in the medium term, all Member States should be required to set national indicative targets for the consumption of electricity produced from renewable sources. (6) These national indicative targets should be consistent with any national commitment made as part of the climate change commitments accepted by the Community under the Kyoto Protocol. (7) The Commission should assess to what extent Member States have made progress towards achieving their national indicative targets, and to what extent the national indicative targets are consistent with the global indicative target of 12 % of gross domestic energy consumption by 201O, considering that the White Paper's indicative target of 12 % for the Community as a whole by 201O provides useful guidance for increased efforts at Community level as well as in Member States, bearing in mind the need to reflect differing national circumstances. lf necessary for the achievement of the targets, the Commission should submit proposals to the European Parliament and the Council which may include mandatory targets. (8) Where they use waste as an energy source, Member States must comply with current Community legislation on waste management. The applicalion of this Directive is without prejudice to the defınitions set out in Annex 2a and 2b to Council Directive 75/442/EEC of 15 July 1975 on waste (9). Support for renewable energy sources should be consistent with other Community objectives, in particular respect for the waste treatment hierarchy. Therefore, the incineration of non-separated municipal waste should not be promoted under a future support system for renewable energy sources, if such promotionwere to undermine the hierarchy. (9) The defınition of biomass used in !his Directive does not prejudge the use ofa different defınition in national legislation, for purposes other than those set out in this Directive. (10) This Directive does not require Member States to recognise the purchase of a guarantee of origin from other Member States or the (5) OJ C 198, 24.6.1998, p. 1. (6) OJ C 210, 6.7.1998, p. 215. (7) OJ C 210, 6.7.1998, p, 143. (8) OJ C 378, 29.12.2000, p. 89. (9) OJ L 194, 25.7.1975, p. 39. Directive as lası amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32). ECOGENERATI0N W0RLD 57
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