r AVRUPA PARLAMENTOSU VE KONSEYİ 2001/77/EC DİREKTİFİ Cbgeııuatioıı, 'Wasıe rtcıJ ;·. Article 3 National indicative targets 1. Member States shall take appropriate steps to encourage greater consumption of electricity produced from renewable energy sources in conformity with the national indicative targets referred to in paragraph 2. These steps must be in proportion to the objective to be attained. 2. Not later than 27 October 2002 and every five years thereafter, Member States shall adopt and publish a report setting national indicative targets for future consumption of electricity produced from renewable energy sources in terms of a percentage of electricity consumption for the next 10 years. The report shall alsa outline the measures laken or planned, at national level, to achieve these national indicative targets. To set these targets until the year 201 O, the Member States shall: ..._ lake account of the reference values in the Annex, ..._ ensure that the targets are compatible with any national commitments accepted in the context of the climate change commitments accepted by the Community pursuant to the Kyoto Protocol to the United Nations Framework Convention on Climate Change. 3. Member States shall publish, for the first time not later than 27 October 2003 and thereafter every two years, a report which includes an analysis of success in meeting the national indicative targets taking account, in particular, of climatic factors likely to affect the achievement of those targets and which indicates to what extent the measures laken are consistent with the national climate change commitment. 4. On the basis of the Member States' reports referred to in paragraphs 2 and 3, the Commission shall assess to what extent: ..._ Member States have made progress towards achieving their national indicative targets, ..._ the national indicative targets are consistent with the global indicative target of 1 2 % ofgross national energy consumption by 201 O and in particular with the 22,1 % indicative share of electricity produced from renewable energy sources in total Community electricity consumption by 201 O. The Commission shall publish its conclusions in a report, for !he first time not later !han 27 October 2004 and thereafter every two years. This report shall be accompanied, as appropriate, by proposals to the European Parliament and to the Council. lf the report referred to in the second subparagraph concludes !hat the national indicative targets are likely to be inconsistent, for reasons that are unjustified and/or do not relate to new scientific evidence, with the global indicative target, these proposals shall address national targets, including possible mandatory targets, in the appropriate form. Article 4 Support schemes 1. Without prejudice to Articles 87 and 88 of the Treaty, the Commission shall evaluate the application of mechanisms used in Member States according to which a producer of electricity, on the basis of regulations issued by the public authorities, receives direct or indirect support, and which could have the effect of restricting irade, on the basis that these contribute to the objectives set out in Articles 6 and 174 of the Treaty. 2. The Commission shall, not later than 27 October 2005, present a well-documented report on experience gained with the application and coexistence of the different mechanisms referred to in paragraph 1. The report shall assess the success, including cost-effectiveness, of the support systems referred to in paragraph 1 in promoting the consumption of electricity produced from renewable energy sources in conformity with the national indicative targets referred to in Article 3(2). This report shall, (1)OJ L 27, 30.1.1997, p. 20. if necessary, be accompanied by a proposal for a Community framework with regard to support schemes for electricity produced from renewable energy sources. Any proposal for a framework should: (a) contribute to the achievement of the national indicative targets; (b) be compalible with the principles of the internal electricity market; (c) lake into account the characteristics of different sources of renewable energy, together with the different technologies, and geographical differences; (d) promote the use of renewable energy sources in an effective way, and be simple and, at the same lime, as efficient as possible, particularly in terms of cost; (e) include sufficient transitional periods for national support systems of at least seven years and maintain investor confidence. Article 5 Guarantee of origin of electricity produced from renewable energy sources 1. Member States shall, not later than 27 October 2003, ensure !hat the origin of electricity produced from renewable energy sources can be guaranteed as such within the meaning of !his Directive according to objective, transparent and nondiscriminatory criteria laid down by each Member State. They shall ensure that a guarantee of origin is issued to !his effect in response to a request. 2. Member States may designate one or more competent bodies, independent of generation and distribution activities, to supervise the issue of such guarantees of origin. 3. A guarantee of origin shall: ..._ specify the energy source from which the electricity was produced, specifying the dates and places of production, and in the case of hydroelectric installations, indicate the capacity; ..._ serve to enable producers of electricity from renewable energy sources to demonstrate !hat the electricity they seli is produced from renewable energy sources within the meaning of this Directive. 4. Such guarantees of origin, issued according to paragraph 2, should be mutually recognised by the Member States, exclusively as proof of the elements referred to in paragraph 3. Any refusal to recognise a guarantee of origin as such proof, in particular for reasons relating to the prevention of fraud, must be based on objective, transparent and nondiscriminatory criteria. in the event of refusal to recognise a guarantee of origin, the Commission may compel the refusing party to recognise il, particularly with regard to objective, transparent and non-discriminatory criteria on which such recognition is based. 5. Member States or the competent bodies shall put in place appropriate mechanisms to ensure that guarantees of origin are both accurate and reliable and !hey shall outline in the report referred to in Article 3(3) the measures taken to ensure the reliability of the guarantee system. 6. After having consulted the Member States, the Commission shall, in the report referred to in Article 8, consider the form and methods that Member States could follow in order to guarantee the origin of electricity produced from renewable energy sources. lf necessary, the Commission shall propose to the European Parliament and the Council the adoption of common rules in this respect. Article 6 Administrative procedures 1. Member States or the competent bodies appointed by the Member States shall evaluate the existing legislative and regulatory framework with regard to authorisation procedures or the other procedures laid ECOGENERATION WORLO 59
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