EU on the promotion of the use of energy from renewable sources - Main contents

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dossier	COM(2023)204 - Delegated acts of the Commission under Directive (EU) 2018/2001/EU on the promotion of the use of energy from renewable ...
document	COM(2023)204
date	April 24, 2023

Annex VII to Directive (EU) 2018/2001 of the European Parliament and of the Council as regards a methodology for calculating the amount of renewable energy used for cooling and district coolingArticle 7 (3)COMMISSION DELEGATED REGULATION (EU) 2021/2003 of 6 August 2021 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing the Union renewable development platformArticle 8(3)COMMISSION DELEGATED REGULATION (EU) 2019/807 of 13 March 2019 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council as regards the determination of high indirect land-use change-risk feedstock for which a significant expansion of the production area into land with high carbon stock is observed and the certification of low indirect land-use change-risk biofuels, bioliquids and biomass fuelsArticle 26(2), fourth subparagraphCOMMISSION DELEGATED REGULATION (EU) …/... of 10.2.2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin

C (2023) 1087 final
Article 27(3), seventh subparagraphCOMMISSION DELEGATED REGULATION (EU) …/... of 10.2.2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a minimum threshold for greenhouse gas emissions savings of recycled carbon fuels and by specifying a methodology for assessing greenhouse gas emissions savings from renewable liquid and gaseous transport fuels of non-biological origin and from recycled carbon fuels

C(2023) 1086 final
Article 25(2) and Article 28(5)

The last two delegated regulations were adopted on 10 February 2023. They had not yet entered into force as of the date of the adoption of this Report and were still under scrutiny by the European Parliament and the Council.

b. Work on the following delegated acts is on-going:

The following acts are currently under preparation:

Area of delegation	Expected adoption date	Basis for delegation
Reviewing criteria on high ILUC-risk biofuels, including a decreasing trajectory for high ILUC-risk biofuels	September 2023	Article 26(2), fourth subparagraph
Adding feedstock that can be processed only with advanced technologies to Part A of Annex IX	likely adoption in Q2/2023	Article 28(6), second subparagraph

c. No exercise of referred power considered necessary until now:

During the reporting period, the Commission considered that it was not necessary to adopt delegated acts for the following points:

Area of delegation	Basis for delegation
Adapting the energy content of transport fuels, as set out in Annex III, in accordance with scientific and technical progress	Article 27 (1) (c)
Amend, where appropriate, Annexes V and VI by adding or revising the default values or modifying the methodology.	Article 31(5)

d) Consultation prior to adoption

The Commission always consulted experts nominated by Member States and relevant stakeholders, via regular dedicated meetings of the relevant Commission Expert Group and written consultations, during the preparation of delegated acts under the Directive. The European Parliament was also invited to participate in all these consultation activities. The documents relevant to these consultations were transmitted simultaneously to the European Parliament and to the Council, as foreseen in the Common Understanding on delegated acts. Moreover, public consultations took place to give all stakeholders the possibility for feedback.

The observations presented in these consultations were taken into consideration when preparing the final versions of delegated acts.

4. CONCLUSION

Over the past five years, the Commission has exercised properly the delegated powers conferred to it under the Renewable Energy Directive. Given the fact that not all delegated acts for which the Commission has received a referral of power have been adopted by the time of writing this report, the Commission sees the need for extension of all empowerments to adopt delegated acts provided for in the Directive beyond the current five-year period. It invites the European Parliament and the Council to take note of this report.

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