EREF: Major breakthrough decision by EU Commission for Renewables

Brussels (OTS) - EREF, the European Renewable Energies Federation,
reached a major breakthrough decision by European Commission
concerning the interpretation by some Member States of the Directive
2001/77/EC on the promotion of renewable energies in the internal
electricity market in Europe.

Member States must reach their targets to increase the share of
Renewables until 2010 as promised in the Directive 2001/77/EC and
based on actual overall consumption figures in 2010. Member States
are not allowed to circumvent the indicative targets obligations by
falling back on consumption figures for the calculation of indicative
share in 2010, using a footnote declaration of the respective member
States in an annex to the Directive.

In November 2004, EREF introduced a complaint to the European
Commission against the Austrian government’s new draft for a modified
Eco- Electricity law.

EREF requested the European Commission to evaluate the then
Austrian Government’s policy and its new draft legal framework for
Eco-Electricity (Ökostromgesetz) in view of correct application and
implementation of 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 (published in O.J. L 283/33 of 27.10.2001). EREF asked the
European Commission to clarify that Austria cannot revert back to
consumption figures of 1997 for the calculation of the RES
consumption share in 2010 by trying to benefit from a specific
footnote comment Austria had introduced to the Annex to the Directive
2001/77/EC and its indicative targets.

EREF asked the Commission to clarify that a footnote given by a
Member State to an attachment of a Directive has no legal value in
itself and does not provide the legal ground to give this Member
State the authority to circumvent approximation and efficient
transposition of the EC Directive into national law. It may only be
an indicator for future possible action of this Member State, but it
does not free this Member State from the obligation to apply the
"effet utile" principle.

The RES Directive and its targets are directly linked to the
"Burden-Sharing Obligation" of the EU Member States in the framework
of the Kyoto Protocol. With its move away from the Directive’s
commitment Austria would also endanger the fulfilment of the entire
Europe Union commitment to the international community to reduce GHG
emissions.

In the official letter of 15th of November by the European
Commission to Kuhbier law firm, representing EREF in a specific
complaint on transposition of Directive 2001/77/EC in Austria,
Director General Francois Lamoureux made it very clear:

"With regards to your request relating to the interpretation of
the Austrian footnote on the Annex of Directive 2001/77/EC, without
prejudice of an authentic interpretation to be made, eventually, by
the Court of Justice, the Commission’s opinion is that the footnotes
to the Annex are not considered to have legal effects as to the
correct method for calculating the reference value. It is therefore
in the view of the Commission that the consumption figure in 2010
must be used for the calculation of the RES consumption in 2010."

Since other Member States such as France, Sweden, Italy,
Luxembourg and Portugal also made specific footnote comments to their
indicative targets, this decision by the European Commission has
wider crucial implications.

Some of these Member States such as France, Sweden and Italy also
try to use these try to avoid commitment to their targets by using
these footnotes and thus hiding the fact that they did not do enough
to curb down electricity consumption and increase of RES production
in their country.

EREF President Peter Danielsson underlined: "This is a very
important clarification by the European Commission and we are
confident that all Member States will respect the decision and
integrate it in more challenging efforts on their part to increase
production and use of renewable energies in their countries."

Especially the Austrian member associations of EREF welcome the
outcome. IG Windkraft Austria managing director Stefan Hantsch
commented: "This is for us a great moment. Until now the Austrian
Government wanted us to believe that the Austrian target of an
increase of the share of renewables from 70 % in 1997 to 78,1 % in
2010 would be reached, although in reality current estimates show
that due also to the fact of strong increase of overall electricity
consumption this share will drop down to 61 % in 2010. Now we are
all challenged to increase renewable energy production and to
decrease electricity consumption with the help of an active and
courageous national programme for renewable energies and energy
efficiency."

Rückfragehinweis:
Reference: Dr. Dörte Fouquet, Director EREF
Tel.: + 32 2 6724367; +32 474978710
www.eref-europe.org

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