The Renewable Energy Directive has been instrumental in increasing the share of renewable energy
from 12.4% in 2009 to 16% in 2014 in line with the EU 2020 binding climate and energy objectives.
The mid-term evaluation of the Renewable Energy Directive concluded that this achievement was
largely due to the national renewable energy targets set out in
Article 3 “Targets and measures” that
provided a clear and reliable framework attracting private investment.
In particular, the legally binding nature of national targets contributed to renewables uptake across the
EU (including Member States such as Poland where the renewables share increased from 8.7% in 2009
to 11.4% in 2014) and across sectors.
The European Commission should outline an indicative renewable energy benchmark for each
Member State in an annex to the post-2020 Renewable Energy Directive.
In setting up the benchmarks, the Commission should be guided by three principles:
1) benchmarks should be regarded as the fair national contribution to the 2030 target, leaving
Member States the possibility to outline higher national contributions;
2) benchmarks should be higher than the national 2020 binding targets thereby encouraging
member states to increase their ambition; and
3) benchmarks should add up to the 2030 target.
In October 2014, the European Council agreed on a binding target of at least 27% for renewable energy
at EU level by 2030 and gave a clear mandate to the European Commission to ensure target delivery.
The Commission needs indicative benchmarks to address the following risks in the post-2020 period:
1) Free-riding behaviour
Benchmarks set out in EU legislation will be a useful tool to ensure Member States have adequate
renewables ambition. This will help avoid a geographically uneven renewables deployment, with
investments concentrated in a small set of European markets.
2) Inability for the Commission to monitor and enforce the fulfilment of the 2030 target
The indicative benchmarks, together with a binding template for 2030 national plans, will serve the
Commission in assessing, comparing and monitoring Member States progress towards the 2030 target.
They will also allow the Commission to anticipate a gap between national contributions and the 27%
target in a timely manner and to intervene through corrective measures.
3) Inability to assess and act upon Member States’ contributions to the collective target
In the event of a gap between Member State contributions and the EU target, additional EU measures
should be triggered to create the necessary volume of renewables deployment. In particular, a gap-
filling instrument should be set out in legislation and actionable as of 2020. Member States that
outperform their benchmarks should contribute significantly less to such a mechanism compared to
under-achievers.
4) Lack of legal basis underpinning investments
Indicative national trajectories on renewables deployment by 2030, included in national plans, do not
constitute firm political commitments. Only a detailed breakdown of national contributions with a clear
legal basis in the post-2020 Renewable Energy Directive can provide investors with transparency over
markets growth and guarantee that Member States will be accountable for their policy choices.
1
LEGEND:
NEW
new Article proposed by WindEurope
Blue text
new legal text proposed by WindEurope
Black text
existing legal text under Directive 2009/28/EC
[…]
comments by WindEurope
NEW
Revised article 3 of the aforementioned directive : National indicative
benchmarks for the fulfilment of the mandatory European target for the use of energy from
renewable sources
1. The Commission shall ensure that the share of energy from renewable sources in the EU gross final
consumption of energy in 2030 is at least [30%] and is delivered through the joint contributions of
Member States.
2. Each Member State shall determine the renewable energy section of their integrated climate and
energy national plans taking into consideration the indicative benchmark set by the Commission as
outlined in Annex (X) 1 to ensure the fair contribution of each Member State to the EU-wide binding
target of at least a 20 [30] % share of energy from renewable sources in the Community’s gross final
consumption of energy in 20230.
For the calculation of national indicative benchmarks, the following provisions shall apply:
(a) national indicative benchmarks shall cover the period 2021-2030;
(b) national indicative benchmarks shall take as a starting point at least the 2020 mandatory national
overall targets;
(c) national indicative benchmarks shall constitute a minimum national share of renewable energy
sources, in accordance with the methodology outlined in Articles (X)2 [replicating Articles 5 to 11 of
Directive 2009/28/EC], required to fulfil the collective EU-level binding target of at least [30]%.
3. Nothing in this Directive shall prevent Member States from setting their national contributions to
the collective EU-level binding renewable energy target higher than the indicative benchmark set
by the Commission.
Member States shall define and inform the Commission of their national contributions to the collective
EU-level binding renewable energy target by 1 July 2019.
If the national contributions do not add up to a share of at least [30] % of renewable energy in final
energy consumption, the Member States will be requested by the Commission to review their
contributions having in mind the collective delivery of the target. The Commission may issue
recommendations to the Member States on the measures to be adopted so as to ensure they deliver
on the trajectories and objectives set out in their national plans.
If, by July 1st 2021, the Member States have failed to submit plans collectively adding up to a share of at
least [30] % renewable energy in final energy consumption, the Commission will activate corrective
1 [replicating Annex 1 of Directive 2009/28/EC]
2 [replicating Articles 5 to 11 of Directive 2009/28/EC]
2
measures as defined in article [X] Measures for filling a gap between national contributions and the
2030 collective EU-level renewable energy target.
NEW
Article (...): Monitoring by the Commission
1. The Commission shall maintain a regular dialogue and exchange information with Member States
in order to monitor collective progress towards the fulfilment of the EU-level binding renewable
energy target of at least [30] % of renewable energy in final energy consumption.
2. On the basis of reports submitted by Member States pursuant to (…) [reference to legal instrument
on the Energy Union governance], the Commission shall evaluate the effectiveness of measures
taken by Member States in accordance with Article (X) “Measures for the use of energy from
renewable sources” in fulfilling their national renewable energy commitments every two years
through country-specific policy recommendations.
The Commission shall, if a Member State is not in line with its indicative trajectory for the share of
renewable energy sources in final energy consumption as outlined in the integrated national energy
and climate plan, issue a country-specific policy recommendation.
The Member States shall have six months to align national measures for the promotion of energy
from renewable energy source with the Commission recommendation.
The Commission shall release a policy warning, if the Member State were to ignore the
Commission’s recommendation. The Member State shall have six months to align national measures
for the promotion of energy from renewable energy sources with the Commission’s policy warning.
3. On the basis of reports submitted by Member States pursuant to Article [reference to legal
instrument on the Energy Union governance ], the Commission shall report every two years to the
European Parliament and the Council on Member States’ progress in delivering the collective target
of at least [30] % of energy from renewable sources in gross final consumption by 2030. The first
report shall be submitted by December 2023.
4. If the Commission determines in any of its reports that Member States are not delivering in line with
their renewable energy deployment trajectories in a way that puts at risk the collective target, the
Commission shall undertake corrective measures as defined in article [X] “Measures for filling a gap
between national contributions and the 2030 collective EU-level renewable energy target”.
NEW
Article [...]: Measures for filling a gap between national contributions
and the 2030 collective EU-level renewable energy target
1. In the event of a gap identified between the collective EU-level binding target of at least [30] % of
renewable energy in gross final consumption by 2030 and national contributions, the Commission
shall activate a dedicated instrument to secure target delivery.
2. Member States shall collectively finance the deployment of the additional volumes necessary for
reaching at least [30] % of renewable energy in gross final consumption in 2030.
For the purposes of this paragraph, the following provisions shall apply:
3
(a) a dedicated EU fund shall be established with the sole purpose of promoting the deployment of
renewable energy in view of meeting the collective target of at least [30] % of renewable energy
in gross final consumption in 2030 ;
(b) the Commission shall be responsible for managing the EU fund.
3. The financial contribution of Member States will factor in GDP and national progress in the
promotion of energy from renewable energy sources.
The financial contribution of Member States meeting the following criteria will be reduced:
(a) the Member States’ self-defined contribution to the collective renewable energy target is higher
than the Commission’s proposed indicative benchmark;
(b) the Member States is on track or exceeds its indicative trajectory for the share of renewable
energy sources in final energy consumption; and
(c) the Member State has no pending country specific policy warning from the Commission.
4. The Commission shall re-allocate Member States financial contributions through a competitive
bidding process by applying the following provisions:
(a) the geographical scope of the competitive bidding process will be EU-wide; and
(b) the competitive bidding process shall include technology specific categories to ensure the
deployment of a broad portfolio of technologies.
Post-2020 Renewable Energy Directive, April 2016
Meeting the 2030 renewable energy objective thanks to a robust governance system, April 2015
4