Directive 2004/8 - Promotion of cogeneration based on a useful heat demand in the internal energy market
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official title
Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EECLegal instrument | Directive |
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Number legal act | Directive 2004/8 |
Original proposal | COM(2002)415 ![]() |
CELEX number137 | 32004L0008 |
Document | 11-02-2004 |
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Publication in Official Journal | 21-02-2004; Special edition in Polish: Chapter 12 Volume 003,Special edition in Czech: Chapter 12 Volume 003,OJ L 52, 21.2.2004,Special edition in Maltese: Chapter 12 Volume 003,Special edition in Slovenian: Chapter 12 Volume 003,Special edition in Lithuanian: Chapter 12 Volume 003,Special edition in Latvian: Chapter 12 Volume 003,Special edition in Romanian: Chapter 12 Volume 002,Special edition in Hungarian: Chapter 12 Volume 003,Special edition in Estonian: Chapter 12 Volume 003,Special edition in Bulgarian: Chapter 12 Volume 002,Special edition in Slovak: Chapter 12 Volume 003,Special edition in Croatian: Chapter 12 Volume 003 |
Effect | 21-02-2004; Entry into force Date pub. See Art 17 |
End of validity | 04-06-2014; Repealed by 32012L0027 |
Transposition | 21-02-2006; At the latest See Art 15 |
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Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC
Official Journal L 052 , 21/02/2004 P. 0050 - 0060
Directive 2004/8/EC of the European Parliament and of the Council
of 11 February 2004
on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC
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 European 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:
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(1)The potential for use of cogeneration as a measure to save energy is underused in the Community at present. Promotion of high-efficiency cogeneration based on a useful heat demand is a Community priority given the potential benefits of cogeneration with regard to saving primary energy, avoiding network losses and reducing emissions, in particular of greenhouse gases. In addition, efficient use of energy by cogeneration can also contribute positively to the security of energy supply and to the competitive situation of the European Union and its Member States. It is therefore necessary to take measures to ensure that the potential is better exploited within the framework of the internal energy market.
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(2)Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003(5) establishes common rules for the generation, transmission, distribution and supply of electricity within the internal market in electricity. In this context, the development of cogeneration contributes to enhancing competition, also with regard to new market actors.
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(3)The Green Paper entitled "Towards a European strategy for the security of energy supply" points out that the European Union is extremely dependent on its external energy supplies currently accounting for 50 % of requirements and projected to rise to 70 % by 2030 if current trends persists. Import dependency and rising import ratios heighten the risk of interruption to or difficulties in supply. However, security of supply should not be conceived as merely a question of reducing import dependency and boosting domestic production. Security of supply calls for a wide range of policy initiatives aimed at, inter alia, diversification of sources and technologies and improved international relations. The Green Paper emphasised furthermore that security of energy supply is essential for a future sustainable development. The Green Paper concludes that the adoption of new measures to reduce energy demand is essential both in terms of reducing the import dependence and in order to limit greenhouse gas emissions. In its Resolution of 15 November 2001 on the Green Paper(6), the European Parliament called for incentives to encourage a shift towards efficient energy production plants, including combined heat and power.
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(4)The Commission's Communication "A Sustainable Europe for a better world - A European Union Strategy for Sustainable Development" presented at the Gothenburg European Council on 15 and 16 June 2001 identified climate change as one of the principal barriers to sustainable development and emphasised the need for increased use of clean energy and clear action to reduce energy demand.
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(5)The increased use of cogeneration geared towards making primary energy savings could constitute an important part of the package of measures needed to comply with the Kyoto Protocol to the United Nations Framework Convention on Climate...
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- 1.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 2.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 3.COM(2001) 580 final
- 4.COM(97) 514 final 'A Community strategy to promote combined heat and power (CHP) and to dismantle barriers to its development'.
- 5.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. OJ L 283 of 27.10.2001, p. 33.
- 6.'Combined Heat and Power production (CHP) in the EU - Summary of statistics 1994-1998', Eurostat 2001.
- 7.There is discussion among experts as to whether the Eurostat cogeneration statistics overestimate the real share of cogeneration because electricity produced in non-cogeneration mode in some cases might be counted as cogeneration electricity. The actual cogeneration share at Community level may therefore be somewhat lower than 11%. Eurostat has for the next collection of cogeneration statistics adopted a new methodology designed to better identify real cogeneration production.
- 8.'The Administrative obstacles to the development of decentralised cogeneration', Cogen Europe et.al. SAVE programme 1999.
- 9.'Evaluation of the impact of the European electricity market on the CHP, district heating and cooling sector', Cowi Consulting Engineers and Planners et.al., SAVE programme, 2000.
- 10.It should be noted that these calculations are based on cogeneration plants with district heating with assumed operating hours of 4.500 per year. Industrial cogeneration plants with a more constant heat demand can have up to 8.000 operating hours per year, which normally makes them economically more viable.
- 11.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 12.Directive 98/30/EC of the European parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas. OJ L 204 of 21.07.1998, p. 1.
- 13.'Proposal for a Directive of the European Parliament and of the Council amending Directives 96/92/EC and 98/30/EC concerning common rules for the internal market in electricity and natural gas', COM(2001) 125 final.
- 14.The term 'quality cogeneration' is sometimes used to describe cogeneration providing a high level of energy savings or CO2 savings. For the purpose of this Directive the term 'high-efficiency cogeneration' is considered to be a more precise indicator of what is meant when referring to the benefits of cogeneration.
- 15.This revised methodology was adopted by Member States at the last meeting of the Eurostat Working Group on Combined Heat and Power Statistics on 2 April 2001.
- 16.'Towards a European strategy for the security of energy supply', COM(2000) 769.
- 17.'Proposal for a Directive of the European Parliament and of the Council amending Directives 96/92/EC and 98/30/EC concerning common rules for the internal market in electricity and natural gas', COM(2001) 125 final.
- 18.'ExternE - Externalities of Energy', EC, DG Research, Brussels, 1999.
- 19.'Completing the internal energy market', COM(2001) 125 final
- 20.'A Sustainable Europe for a Better world: a European Union Strategy for Sustainable Development' COM(2001) 264.
- 21.'Presidency Conclusions - Göteborg European Council 15 and 16 June 2001': SI(2001)500.
- 22.COM(2001) 580 final.
- 23.'Proposal for a framework Directive for greenhouse gas emissions trading within the European Community', COM(2001) 581.
- 24.'Action Plan to improve energy efficiency in the European Community', COM(2000)247 final.
- 25.Doc. 13407/1/00 ENER - COM (2000) 247 final.
- 26.Resolution on the Action Plan to improve energy efficiency in the European Community, A5-0054/2001.
- 27.'Community guidelines on State aid for environmental protection', OJ C 37, 03.02.2001 pages 3-15.
- 28.'Communication from the Commission on implementation of the first phase of the European Climate Change Programme', COM(2001) 580 final.
- 29.'The European Cogeneration Review', Cogen Europe, 1999.
- 30.'District Heat in Europe - Country by Country 2001 Survey', Euroheat
- 31.'District Heat in Europe - 1999 Survey', Euroheat
- 32.OJ C....,...., p.
- 33.OJ C....,...., p.
- 34.OJ C....,...., p.
- 35.OJ C....,...., p.
- 36.OJ L 27, 30.1.1997, p.20.
- 37.COM(2001) 125 final.
- 38.COM(2000) 769 final
- 39.COM(2001) 264 final
- 40.COM(2001) 580 final
- 41.COM(97) 514 final
- 42.OJ C 4, 8.1.1998, p. 1
- 43.A4-0145/98
- 44.Council Conclusions 8835/00 (30 May 2000) and Council Conclusions 1400/00 (5 December 2000).
- 45.COM(2000) 247 final
- 46.A5-0054/2001.
- 47.OJ L 257, 10.10.1996, p. 26
- 48.OJ L 309, 27.11.2001, p. 1
- 49.OJ L 332, 28.12.2000, p. 91
- 50.OJ L 27, 30.01.1997, p.20
- 51.OJ L 283, 27.10.2001, p.33
- 52.OJ C 37, 03.02.2001, pages 3-15
- 53.COM(2001) 580 final
- 54.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 55.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 56.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 57.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 58.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 59.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 60.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 61.COM(2001) 580 final
- 62.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 63.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 64.COM(97) 514 final 'A Community strategy to promote combined heat and power (CHP) and to dismantle barriers to its development'.
- 65.There is discussion among experts as to whether the Eurostat cogeneration statistics overestimate the real share of cogeneration because electricity produced in non-cogeneration mode in some cases might be counted as cogeneration electricity. The actual cogeneration share at Community level may therefore be somewhat lower than 11%. Eurostat has for the next collection of cogeneration statistics adopted a new methodology designed to better identify real cogeneration production.
- 66.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 67.COM(2001) 580 final
- 68.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 69.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 70.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 71.COM(2001) 580 final
- 72.COM(97) 514 final 'A Community strategy to promote combined heat and power (CHP) and to dismantle barriers to its development'.
- 73.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. OJ L 283 of 27.10.2001, p. 33.
- 74.'Combined Heat and Power production (CHP) in the EU - Summary of statistics 1994-1998', Eurostat 2001.
- 75.There is discussion among experts as to whether the Eurostat cogeneration statistics overestimate the real share of cogeneration because electricity produced in non-cogeneration mode in some cases might be counted as cogeneration electricity. The actual cogeneration share at Community level may therefore be somewhat lower than 11%. Eurostat has for the next collection of cogeneration statistics adopted a new methodology designed to better identify real cogeneration production.
- 76.'The Administrative obstacles to the development of decentralised cogeneration', Cogen Europe et.al. SAVE programme 1999.
- 77.'Evaluation of the impact of the European electricity market on the CHP, district heating and cooling sector', Cowi Consulting Engineers and Planners et.al., SAVE programme, 2000.
- 78.It should be noted that these calculations are based on cogeneration plants with district heating with assumed operating hours of 4.500 per year. Industrial cogeneration plants with a more constant heat demand can have up to 8.000 operating hours per year, which normally makes them economically more viable.
- 79.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 80.Directive 98/30/EC of the European parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas. OJ L 204 of 21.07.1998, p. 1.
- 81.'Proposal for a Directive of the European Parliament and of the Council amending Directives 96/92/EC and 98/30/EC concerning common rules for the internal market in electricity and natural gas', COM(2001) 125 final.
- 82.The term 'quality cogeneration' is sometimes used to describe cogeneration providing a high level of energy savings or CO2 savings. For the purpose of this Directive the term 'high-efficiency cogeneration' is considered to be a more precise indicator of what is meant when referring to the benefits of cogeneration.
- 83.This revised methodology was adopted by Member States at the last meeting of the Eurostat Working Group on Combined Heat and Power Statistics on 2 April 2001.
- 84.'Towards a European strategy for the security of energy supply', COM(2000) 769.
- 85.'Proposal for a Directive of the European Parliament and of the Council amending Directives 96/92/EC and 98/30/EC concerning common rules for the internal market in electricity and natural gas', COM(2001) 125 final.
- 86.'ExternE - Externalities of Energy', EC, DG Research, Brussels, 1999.
- 87.'Completing the internal energy market', COM(2001) 125 final
- 88.'A Sustainable Europe for a Better world: a European Union Strategy for Sustainable Development' COM(2001) 264.
- 89.'Presidency Conclusions - Göteborg European Council 15 and 16 June 2001': SI(2001)500.
- 90.COM(2001) 580 final.
- 91.'Proposal for a framework Directive for greenhouse gas emissions trading within the European Community', COM(2001) 581.
- 92.'Action Plan to improve energy efficiency in the European Community', COM(2000)247 final.
- 93.Doc. 13407/1/00 ENER - COM (2000) 247 final.
- 94.Resolution on the Action Plan to improve energy efficiency in the European Community, A5-0054/2001.
- 95.'Community guidelines on State aid for environmental protection', OJ C 37, 03.02.2001 pages 3-15.
- 96.'Communication from the Commission on implementation of the first phase of the European Climate Change Programme', COM(2001) 580 final.
- 97.'The European Cogeneration Review', Cogen Europe, 1999.
- 98.'District Heat in Europe - Country by Country 2001 Survey', Euroheat
- 99.'District Heat in Europe - 1999 Survey', Euroheat
- 100.OJ C....,...., p.
- 101.OJ C....,...., p.
- 102.OJ C....,...., p.
- 103.OJ C....,...., p.
- 104.OJ L 27, 30.1.1997, p.20.
- 105.COM(2001) 125 final.
- 106.COM(2000) 769 final
- 107.COM(2001) 264 final
- 108.COM(2001) 580 final
- 109.COM(97) 514 final
- 110.OJ C 4, 8.1.1998, p. 1
- 111.A4-0145/98
- 112.Council Conclusions 8835/00 (30 May 2000) and Council Conclusions 1400/00 (5 December 2000).
- 113.COM(2000) 247 final
- 114.A5-0054/2001.
- 115.OJ L 257, 10.10.1996, p. 26
- 116.OJ L 309, 27.11.2001, p. 1
- 117.OJ L 332, 28.12.2000, p. 91
- 118.OJ L 27, 30.01.1997, p.20
- 119.OJ L 283, 27.10.2001, p.33
- 120.OJ C 37, 03.02.2001, pages 3-15
- 121.COM(2001) 580 final
- 122.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 123.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 124.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 125.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 126.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 127.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 128.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 129.COM(2001) 580 final
- 130.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 131.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 132.COM(97) 514 final 'A Community strategy to promote combined heat and power (CHP) and to dismantle barriers to its development'.
- 133.There is discussion among experts as to whether the Eurostat cogeneration statistics overestimate the real share of cogeneration because electricity produced in non-cogeneration mode in some cases might be counted as cogeneration electricity. The actual cogeneration share at Community level may therefore be somewhat lower than 11%. Eurostat has for the next collection of cogeneration statistics adopted a new methodology designed to better identify real cogeneration production.
- 134.The terms cogeneration and combined heat and power (CHP) have the same meaning
- 135.COM(2001) 580 final
- 136.COM(2000) 769 'Towards a European Strategy for Energy Supply'.
- 137.Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
- 138.EUR-lex provides an overview of the proposal, amendments, citations and legality.