Amended proposal for a Council Decision concerning a multiannual programme for the promotion of renewable energy sources in the Community - Altener II
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 02. 12. 1997 COM(97) 646 final 97/0106 (SYN) Amended proposal for a COUNCIL DECISION concerning a multiannual programme for the promotion of renewable energy sources in the Community - ALTENERII (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) EXPLANATORY MEMORANDUM On 12 March 1997 the Commission adopted a proposal for a Council Decision concerning a multiannual programme for the promotion of renewable energy sources in the Community (Altener H). The proposal is based on Article 130(s) of the Treaty which provides for the co operation procedure with the European Parliament. On 6 November 1997 the Parliament gave its opinion on the first reading. 24 amendments were voted and accepted. The principal preoccupations of the Parliament matched those of the Commission. Of the 24 amendments proposed, the Commission accepted seven in their entirety and ten with re wording. Seven amendments have not been accepted, and one only partially (amendment n°20), by the Commission for the following reasons: - amendment n° 1 It is inappropriate to refer to a publication of conference proceedings in a legal text. - amendment n° 3 idem - amendment n° 4 The question of taking account of indirect costs in tariff calculation falls within the scope not of this programme but rather of the proposals on a Community strategy for Renewables which the Commission will be presenting separately to Parliament and Council. - amendment n° 14 The amount of financing will be decided in accordance with the normal budgetary procedure, during which the budgetary authorities take all relevant aspects into account, including questions concerning Renewables as well as greenhouse gases. - amendment n° 20 The concepts included in indents 3, 4, and 5 are implicit in the first and third as originally drafted. - amendment n° 24 Reporting procedure is already stipulated in art. 6. - amendment n° 26 The Comitology rules are laid down formally and this text should not provide otherwise. - amendment n° 27 idem The Council is requested to adopt its common position on the basis of the attached amended proposal. PROPOSAL FOR A COUNCIL DECISION AMENDED PROPOSAL FOR A COUNCIL DECISION concerning a multiannual programme for the concerning a multiannual programme for the promotion of renewable energy sources in the Community promotion of renewable energy sources in the Community ALTENER II ALTENER II THE COUNCIL OF THE EUROPEAN THE COUNCIL OF THE EUROPEAN UNION, UNION, Having regard to the Treaty establishing the Having regard to the Treaty establishing the European Community, and in particular Article 13Os ( 1 ) thereof, in particular European Community, and Article 13Os ( 1 ) thereof, Having regard to the proposal from the Having regard to the proposal from the Commission, Commission, Having Economic and Social Committee, regard the opinion of to the Having regard to the opinion of the Economic and Social Committee, Having regard Committee of the Regions, to the opinion of the Having regard Committee of the Regions, to the opinion of the Acting in accordance with the procedure provided for in Article 189c of the Treaty, in cooperation with the European Parliament, Acting in accordance with the procedure provided for in Article 189c of the Treaty, in cooperation with the European Parliament, 1. 2. 1. 2. Whereas Article 130r of the Treaty lays down that one of the objectives of the Community action is to ensure prudent and rational utilisation of natural resources; Whereas Article 129 of the Treaty that health protection lays down requirements shall form a constituent part of Community's other policies; the Altener programme whereas contributes to health protection; Whereas Article 13Or of the Treaty lays down that one of the objectives of the Community action is to ensure prudent and rational utilisation of natural resources; Whereas Article 129 of the Treaty that health protection lays down requirements shall form a constituent part of Community's other policies; the Altener programme whereas contributes to health protection; its meeting on 29 3. the 1990, Whereas, at October Council announced its objective of stabilizing total C02 emissions by 2000 at the 1990 level in the Community as a whole; for 4. a mechanism Whereas other monitoring greenhouse emissions was established by Council Decision 93/389/EEC; C02 gas and 5. 6. to Whereas C02 emissions from energy 5. consumption in the Community are likely increase by about 3% between 1995 and 2000, assuming normal economic growth; whereas it is,. adopt additional measures; therefore, essential to of of the framework Whereas, at its meeting on 25-26 6. June 1996, the Council noted that in the negotiations seeking a protocol according to the Second Berlin Mandate, Assessment the Report Intergovernmental Panel on Climate Change (IPCC) had concluded that the balance of evidence suggests that there is a discernible human influence on global climate change and had stressed the need for urgent action at the widest possible level, noted that significant "no-regrets" opportunities the were available and requested identify which Commission to measures have taken at Community level; to be the 1990, its meeting on 29 Whereas, at October Council announced its objective of stabilizing total C02 emissions by 2000 at the 1990 level in the Community as a whole; a mechanism for Whereas other monitoring greenhouse emissions was established by Council Decision 93/389/EEC1; C02 gas and to Whereas C02 emissions from energy consumption in the Community are likely increase by about 3% between 1995 and 2000, assuming normal economic growth; whereas it is, to adopt additional measures; therefore, essential of of the framework Whereas, at its meeting on 25-26 June 1996, the Council noted that in the negotiations seeking a protocol according to the Second Berlin Mandate, Assessment the Report Intergovernmental Panel on Climate Change (IPCC) had concluded that the balance of evidence suggests that there is a discernible human influence on global climate change and had stressed the need for urgent action at the widest possible level, noted that significant "no-regrets" opportunities the were available and requested identify which Commission to measures have taken at Community level; to be Whereas with the Green Paper of 11 7. January 1995 and the White Paper of 13 December 1995 the Commission communicated the European to Parliament and the Council its views on the future of energy policy in the Community and on the role that renewable energy sources should Whereas with the Green Paper of 11 January 1995 and the White Paper the of 13 December Commission communicated the European Parliament and the Council its views on the future of energy policy in the Community and on the role that renewable energy sources 19953 to play; should play; Whereas in its resolution of 4 July 1996 the European Parliament calls on the Commission to implement a Community action plan to promote renewable energy sources; 8. Whereas in its resolution of 4 July 1996 the European Parliament calls on the Commission to implement a Community action plan to promote renewable energy sources; Whereas with the Green Paper of 20 the November 1996, Energy for of sources Future. Renewable energy, the Commission started a process further to develop and implementation of a Community strategy and an action plan on renewable energy sources (RES); 9. Whereas with the Green Paper of 20 the November 1996 , Energy for of sources Future: Renewable energy, the Commission started a process further to develop and implementation of a Community strategy and an action plan on renewable energy sources (RES); v 10. in the Commission its resolution of 14 Whereas November 1996 on the White Paper of "An energy policy for the European Union" the European Parliament calls on the Commission to establish a financial programme aimed at promoting sustainable energy; 10. Whereas in the Commission its resolution of 14 November 1996 on the White Paper of "An energy policy for the European Union" the European Parliament calls on the Commission to establish a financial programme aimed at promoting sustainable energy; whereas, in its resolution of 15 May 19977 on the the communication from the Commission on Energy for of Future: Renewable Sources Energy a - Green Paper Community Strategy, the European is considers Parliament essential to adopt as soon as possible a II programme; strengthened Altener that for it 11. Whereas Article 130a of the Treaty provides that the Community shall develop and pursue its actions leading to the strengthening of its economic and social cohesion and that, in particular, it shall aim at reducing disparities between the various regions and especially the backwardness of the least-favoured regions; whereas those actions cover inter alia the energy sector; 11. Whereas Article 130a of the Treaty provides that the Community shall develop and pursue its actions leading to the strengthening of its economic and social cohesion and that, in particular, it shall aim at reducing disparities between the various regions and especially the backwardness of the least-favoured regions; whereas those actions cover inter alia the energy sector; 12. Whereas by Decision 93/500/EEC the Council adopted a Community programme for the promotion of sources energy renewable 'ALTENER' aimed at reducing C02 emissions by increasing the market share of renewable energy sources to overall and primary energy production in the Community; that programme ends on 31 December 1997; its contribution whereas 12. Whereas by Decision 93/500/EEC8 the Council adopted a Community programme for the promotion of sources energy renewable 'ALTENER' aimed at reducing C02 emissions by increasing the market share of renewable energy sources to overall and primary energy production in the Community; that programme ends on 31 December 1997; its contribution whereas 13. Whereas that the Community has the ALTENER recognised programme represents an important element of the Community strategy for reducing C02 emissions; 13. Whereas that the Community has the ALTENER recognised programme represents an important element of the Community strategy for reducing C02 emissions; by Decision development 14. Whereas European Parliament and Council Decision 1110/94/EC, as amended No 616/96/EC, has established a fourth framework programme for research, technological and demonstration projects; whereas policy in the field of renewable important energy sources instrument and use for the new energy promotion of framework technologies programme will develop; whereas the ALTENER II programme is an instrument which complements that programme; is an the that the by Decision established demonstration 14. Whereas European Parliament and Council Decision 1110/94/EC9, as No amended 616/96/EC10, has a fourth framework programme for research, technological development projects; and whereas policy field , of is an renewable energy sources important instrument for the use and the new energy promotion of framework technologies programme will develop; whereas the ALTENER II programme is an instrument which complements that programme; that the the in 14a Whereas, the Fifth furthermore, Framework Programme of Research, Technological Development and Demonstration should devote special to energy and whereas attention should again be an II Altener important complementary instrument to this programme; 14b Whereas renewable energy sources are an important energy source for the Community with considerable 15. Whereas the increased use of renewable energy sources will have the a positive effect both on environment and on security of energy supplies; whereas a high degree of international co-operation the best is desirable results; to achieve commercial potential and whereas their development should therefore be supported through a specific strategy and targeted actions to make them both viable and competitive and thus create a favourable environment for investment; 15. Whereas the increased use of renewable energy sources will have the a positive effect both on environment and on security of energy supplies; whereas only the free and large-scale development of renewable energy sources will make their it possible fully economic and employment potential; of degree high a whereas is co-operation international desirable to achieve the best results; to exploit 16. Whereas a strengthened ALTENER II programme represents an essential the instrument energy potential sources; developing renewable for of for 16. Whereas a strengthened ALTENER II programme represents an essential instrument the energy potential sources; whereas renewable energy a sources reasonable the European internal energy market; developing percentage renewable account should for of of 16a Whereas the development of renewable energy sources can help create a competitive energy system the whole of Europe and for renewable develop energy sources industry, with vast opportunities the export of know-how and for investment in third countries involving Community participation; a European for 17. Whereas in implementing the programme, there should be close co-operation with other Community also actions concerned promoting renewable energy sources; programmes with and 17. Whereas in implementing the programme, there should be close co-operation with other Community actions also promoting concerned renewable energy sources; programmes with and it the is politically and Whereas economically desirable to open the ALTENER II programme to the and Eastern associated Central European countries in accordance the with of conclusions European Council meeting in Copenhagen on 21 and 22 June in 1993, and as outlined the communication subject this to the Council by the presented Commission in May 1994, and also to Cyprus; on 18. it the is politically and Whereas economically desirable to open the ALTENER II programme to the and Eastern associated Central European countries in accordance the with of conclusions European Council meeting in Copenhagen on 21 and 22 June in 1993, and as outlined the communication on subject this to the Council by the presented Commission in May 1994, and also to Cyprus; HAS ADOPTED THIS DECISION: HAS ADOPTED THIS DECISION: Article 1 Article 1 A five-year programme of measures 1 and actions energy sources called ALTENER referred hereby established to promote renewable in the Community, hereinafter is 'the programme' to as II, A five-year • programme of measures to promote renewable and actions in the Community, energy sources hereinafter called ALTENER is referred hereby established 'the programme' to as II, The objectives of this programme shall be to: The objectives of this programme shall be to: (a) the help create necessary conditions for the implementation of a Community action plan for renewable energy sources, and in legal, particular socio the administrative and economic conditions, and to (a) the help create necessary conditions for the implementation of a Community action plan for renewable energy sources, and in legal, particular socio the administrative and economic conditions, and to (b) encourage private and public investments in the production and use of energy from renewable sources. (b) encourage private and public investments in the production and use of energy from renewable sources. The objectives contribute to achieving the overall Community objectives and concerns of limiting C02 emissions; increasing renewable the share of energy sources in the energy balance; reducing energy import dependence, The objectives contribute to achieving the overall Community objectives and concerns of limiting C02 emissions, increasing renewable the share of energy sources in the energy balance in accordance with the Community ensuring the security of energy supply, and fostering economic development, economic and social cohesion and regional and local development. for reducing renewable energy energy Strategy sources, import dependence, ensuring the security of fostering economic energy supply, development, economic and social cohesion and local development, creating new jobs and promoting European industry. regional and Community financial support shall be 2. granted under for actions meeting the objectives set out in paragraph 1. the programme Community financial support shall be granted under for actions meeting the objectives set out in paragraph 1. the programme the The annual appropriations for implementation of the programme shall be authorised by the budget authority within the the financial perspectives. limits of 3. the The annual appropriations for implementation of the programme shall be authorised by the budget authority within the the financial perspectives. limits of Article 2 Article 2 (a) (a) be under The following actions and measures 1 relating to renewable energy sources shall the financed programme: studies and other actions, intended to complement and implement Community measures taken to develop the potential of renewable energy the sources. development of sectoral and market strategies, the development of norms and standards, grouped procurement and the analysis of the legal, socio economic administrative conditions which are more favourable to the market penetration of renewable energies and the preparation of appropriate legislation; include These and be under These include The following actions and measures relating to renewable energy sources the financed shall programme: studies and other actions, intended to complement and implement Community measures taken to develop the potential of renewable energy sources. the development of sectoral and market strategies, the development of norms and standards, grouped procurement, the studies comparative environmental impact and long-term costs and benefits, and the analysis of the and administrative conditions which are more the market penetration of renewable energies and appropriate the legislation; socio-economic preparation favourable legal, of of to (b) pilot actions aimed at creating or and extending instruments for the development of renewable energy sources in: infrastructures (b) pilot actions aimed at creating or and extending instruments for the development of renewable energy sources in: infrastructures - local and regional planning, - evaluation, the tools for planning, design and - local and regional planning, - evaluation, the tools for planning, design and and market financial new instruments, - information, - education and training; and market financial new instruments, - information, - education and training; exchange encourage (c) measures proposed by the Commission to of the experience and know-how aimed at improving between co-ordination international, Community, national, regional activities; establishment of a centralised system and for circulating information and know-how on renewable energy sources; prioritising collecting, local and (c) measures to encourage the exchange of experience and know-how aimed at improving between co-ordination international, Community, national, activities; regional establishment of a centralised system for and circulating information and know-how on renewable energy sources; prioritising collecting, local and (d)—measures to encourage the exchange ef—experience know how, proposed by an entity other than the Commission; and (d) Deleted (e) (e) of renewable targeted actions facilitating the market penetration energy sources and encouraging investment, the preparation and by assisting presentation implementation of projects. of the and renewable targeted actions facilitating the market penetration energy know-how, related sources supporting transition between demonstration and commercialisation. by and assisting and presentation implementation projects. encouraging preparation investment, the of (f) actions intended to: (f) actions intended to: for monitor the implementation of the Community strategy and action plan the development of renewable energy sources; in support plan, implementing the to particularly with promoting better co-ordination and greater synergy between actions, including—aH—Community—funded action a initiatives taken view for monitor the implementation of the Community strategy and action plan the development of renewable energy sources; in support action plan, implementing the to a view particularly with promoting better co-ordination and actions, greater synergy between the such as funded by initiatives taken those activities; including Community, European Investment Bank. the to regard monitor the progress achieved by the Community and its Member States with the development of renewable energy sources; impact and cost evaluate effectiveness measures undertaken under this programme. This evaluation will also take into account the environmental and social aspects. the of to regard - monitor the progress achieved by the Community and its Member States with the development of renewable energy sources; - evaluate impact and cost effectiveness measures undertaken under this programme. This evaluation will also take into the environmental and account social job aspects, creation. including the of targeted actions 2. the and new facilitate in The aim of referred to in point (e) of paragraph 1 is accelerate to investment operational capacity for the production of energy from renewable sources by providing financial support in order to reduce the peripheral and service costs of renewable energy projects, and thus overcome the non technical obstacles present. the and new facilitate in The aim of targeted, actions referred to in point (e) of paragraph 1 accelerate is to investment operational capacity for the production of energy from renewable sources by providing financial support in order to reduce the peripheral and service costs of renewable energy projects, and thus overcome the non technical obstacles present. This action shall promote, inter alia, access to specialised advice, analysis of market prospects, choice of location of projects, application for construction and operation permits, establishment plan, preparation of calls for tender, training of operators, and plant commissioning. financing of shall promote, with This action particular reference to SMEs, inter alia\ access to specialised advice, analysis of market prospects, choice of location of projects, application for construction and operation permits, establishment plan, preparation of calls for tender, training of operators, and plant commissioning financing of targeted actions will concern The projects carried out in the following areas : targeted actions will concern The projects carried out in the following areas : - biomass, including energy crops, fire forestry and wood, residues from agriculture, municipal waste, liquid biofuels and biogas, - systems, - passive and active solar systems in thermal and photovoltaic solar from residues - biomass, including energy crops, fire wood, forestry and agriculture, non-recyclable municipal waste, liquid biofuels and biogas, - thermal and photovoltaic systems, - passive and active solar systems in solar buildings, - small scale (< 10 MW) hydroelectric projects, - wind power, - geothermal energy; buildings, - small scale (< 10 MW) hydroelectric projects, - wind power, - geothermal energy; Article 3 Article 3 All costs relating to the actions and 1. measures referred to in points (a), (c) and (f) of Article 2(1) shall be borne by the Community. All costs relating to the actions and measures referred to in points (a), (c) and (f) of Article 2(1) shall be borne by the Community. this 2. for the level of funding under The programme actions and measures referred to in points (b) and (ë) of Article 2(1) may not exceed 50% of their total cost, the balance being made up from either public or private sources or a combination of the two. this 3 for the level of funding under The actions and programme measures referred to in Article 2(e) shall be established annually for each of the targeted actions in accordance with Article 4. (2). for the level of funding under actions this The programme and measures referred to in point (b) of Article 2(1) may not exceed 50% of their total cost, the balance being made up from either public or private sources or a combination of the two. for the level of funding under actions this The and programme measures referred to in Article 2(e) shall be established annually for each of the targeted actions in accordance with Article 4. (2). Article 4 Article 4 The Commission shall be responsible 1 for implementation programme. the the of The Commission shall be responsible for the implementation programme. the of guidelines 2 and conditions The applicable to funding for the actions and measures referred to in Article 2 (1) shall be defined annually, regard being had to: and conditions The guidelines applicable to funding for the actions and measures referred to in Article 2 (1) shall be defined annually, regard being had to: (a) the the priorities set out by Community and the Member States the programmes their in promotion of energy sources; renewable for (a) the priorities set out by the Community and the Member States the programmes their in promotion of energy sources; renewable for 10 potential development (b) criteria relating to the profitability and of renewable energy sources and their the effects on employment and environment, the particular reduction of C02 emissions; in potential development (b) criteria relating to the profitability and of renewable energy sources and their the effects on employment and environment, the particular reduction of C02 emissions; in (c) for the actions referred to in point (e) of Article 2 (1), the relative cost of the assistance, the new production capacity expected to arise and the extent of /or transregional transnational benefit and the assistance, (c) for the actions referred to in point (e) of Article 2 (1), the relative cost long-term of new the viability. commercial production capacity expected to arise and the extent of transregional and /or transnational benefit; the (d) the principles established in Article 92 of the Treaty and the relevant Community guidelines on State aid for environmental protection. (d) the principles established in Article 92 of the Treaty and the relevant Community guidelines on State aid for environmental protection. The Committee referred to in Article 5 shall assist the Commission in defining these conditions and guidelines. The Committee referred to in Article 5 shall assist the Commission in defining these conditions and guidelines. Article 5 Article 5 committee The Commission shall be assisted by an The Commission shall be assisted by an of advisory representatives of the Member States and representatives of the Member States and chaired by the Commission. the chaired by Commission. representative of representative of of advisory committee composed composed the the The representative of the Commission shall submit to the committee a draft of the measures to be taken The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote. The opinion shall be the minutes: in addition, each Member State minutes: in addition, each Member State shall have the right to ask to have its shall have the right to ask to have its position recorded in the minutes. position recorded in the minutes. the The opinion shall be recorded recorded in in The Commission shall the utmost account of the opinion delivered by the account of the opinion delivered by the committee. It shall inform the committee of committee. It shall inform the committee of the utmost The Commission shall take take 11 the manner in which its opinion has been taken into account. the manner in which its opinion has been taken into account. Article 6 Article 6 to report During the course of the second year of the programme, the Commission shall present a the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions, on the measures taken to promote renewable energy sources at the level of the Community and of the in Member States, with particular to the objectives set out in shall Article be 1. This for any accompanied by proposals amendments to the programme which may be necessary in the light of those results. reference report to report 1. During the course of the second year of the programme, the Commission shall present a the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions, on the measures taken to promote renewable energy sources at the level of the Community and of the in Member States, with particular to the objectives set out in be Article 1. This any accompanied by proposals amendments to the programme which may be necessary in the light of those results. shall for reference report the shall assess the programme, the 2. On expiry of results Commission the application of this obtained from Decision and the consistency of national and Community actions. It shall present a report the European to Parliament, the Council, the Economic and Social Committee and the Committee of the Regions. thereon the shall assess the programme, the 2. On expiry of results Commission the application of this obtained from Decision and the consistency of national and Community actions. It shall present a report the European to Parliament, the Council, the Economic and Social Committee and the Committee of the Regions. thereon Article 7 Article 7 in be shall open programme laid down to This to participation by associated Central and Eastern European Countries (CEECs) in accordance with the conditions, including the financial provisions, the Association additional protocols the Association Agreements Agreements to relating in Community programmes. participation This to be participation by Cyprus on the basis of additional appropriations under the same rules as to EFTA/EEA countries, in accordance with procedures to be agreed with this country. or in themselves, those applied programme open shall in be shall open laid down to This programme to participation by associated Central and Eastern European Countries (CEECs) in accordance with the conditions, including the financial provisions, the Association additional protocols the Association Agreements Agreements to elating in Community programmes. participation This to be participation by Cyprus on the basis of additional appropriations under the same rules as to EFTA/EEA countries, in accordance with procedures to be agreed with this country. or in themselves, those applied programme open shall 12 Article 8 Article 8 This Decision shall apply from 1 January This Decision shall apply from 1 January 1998 to 31 December 2002. 1998 to 31 December 2002. Article 9 Article 9 This Decision is addressed to the Member This Decision is addressed to the Member States. States. OJNoL 167, 9. 7. 1993, p. 31. COM (94) 659 of 11. 01. 1995 COM (95) 682 of 13. 12. 1995 O J N o C 2 1 1, 22. 7. 1996, p. 27. COM (96) 576 final of 20. 11. 1996 OJ No C 362, 2. 12. 1996, p. 279. O J N oC 167, 2. 6. 1997, p. 160. OJNoL235, 18. 9. 1993, p. 41. OJNoL 126, 18. 5. 1994, p. 1. O J N 0 L 8 6, 4. 4. 1996, p. 69. 13 ISSN 0254-1475 COM(97) 646 final DOCUMENTS EN 12 01 Catalogue number : CB-C0-97-656-EN-C ISBN 92-78-28313-4 Office for Official Publications of the European Communities L-2985 Luxembourg IV