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EU, National and Local Policy Measures
Affecting the DHC Sector
REGENERGY
2nd Workshop Component 2
Berlin, 10 May 2006
Michael Krug
Environmental Policy
Research Centre
Freie Universität Berlin
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Presentation Outline
1. Recently adopted or proposed EU legislation affecting DHC
• Biomass Action Plan (2005)
• Directive on Energy End-Use Efficiency and Energy Services (2006)
• Directive Promoting Heat from Renewable Energy Sources (2006?)
2. National legislation for DHC – the case of Germany
• Legislation affecting DHC
• Promotional policy measures for DHC
3. Municipal policies promoting DHC in Germany
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Overview: Selected EU Directives relevant for DHC
• Common Rules for the Internal Market for Electricity (2003/54/EC)
• Common Rules for the Internal Market for Gas (2003/55/EC)
• Electricity from Renewable Energy Sources (2001/77EC)
• Promotion of Cogeneration Based on Useful Heat Demand (2004/8/EC)
• Taxation of Energy Products and Electricity (2003/96/EC)
• Reduced Rates of Value Added Tax (2006/18/EC)
• Greenhouse Gas Emissions Allowance Trading Scheme (2003/87/EC)
• Pollution from Large Combustion Plants (2001/80/EC)
• Sulphur Content of Certain Liquid Fuels (93/12/EEC)
• Integrated Pollution Prevention and Control (96/61/EC)
• Management and Quality of Ambient Air (96/62/EC)
• Energy Performance of Buildings (2002/91/EC)
• Energy End-Use Efficiency and Energy Services
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Recently adopted or proposed
EU legislation affecting DHC
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Biomass Action Plan (7 Dec 2005)
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Directive on Reduced Rates of Value Added Tax (2006/18/EC)
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Directive on Energy End-Use Efficiency and Energy Services
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Action Plan on Energy Efficiency (spring 2006?)
•
Directive on Renewable Heating/Cooling (proposal 2006?)
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Biomass Action Plan (7 Dec 2005)
•
Commission will encourage DH scheme owners to modernise
them and convert them to biomass fuel.
•
Commission will encourage MS to systematically incentivise in
their support systems the production of heat and electricity in
biomass fired CHP plants.
•
Commission to encourage those MS that apply a reduced VAT
rate for gas and electricity to apply such a rate to DH too.
•
Commission may bring forward a legislative proposal on tax
issues affecting DH. It will examine whether other measures
should be proposed at the same time.
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Directive on
Energy End-use Efficiency and Energy Services
Legislative process
•
Ambitious proposal by the EU Commission in Dec 2003
•
Discussions in EU Parliament and EU Council in 2004/2005
•
Compromise agreement between Parliament and Council
reached during second parliamentary reading (6 Dec 2005)
•
Directive formally adopted by the Council (14 March 2006)
•
Publication in the Official Journal pending/
Entry into force (=+20 days)
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Directive
on Energy End-use Efficiency and Energy Services
What is the purpose?
To enhance the cost-effective improvement of energy end-use
efficiency in the MS
indicative targets
mechanisms, incentives, institutional, financial and legal
frameworks to remove existing market barriers and
imperfections
conditions for the development and promotion of a market
for energy services
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Directive
on Energy End-use Efficiency and Energy Services
General provisions
•
Overall national indicative energy savings target of 9% for the
9th year of application (2009-2017)
•
Annual energy savings of 1% to be reached by energy efficiency
improvement measures and energy services
•
MS have to draw up National Energy Efficiency Action Plans
(to be approved and reviewed by the Commission)
•
Public sector fulfills an exemplary role
•
Harmonised M&V system for energy savings (Comitology)
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Directive
on Energy End-use Efficiency and Energy Services
Obligations for energy distributors and
retail sales companies (I)
•
Provide aggregated statistical data on their
final customers (e.g. load profiles, customer
segmentation, etc.)
•
Refrain from activities impeding the
demand for or delivery of energy services
and other EE measures, or hindering the
development of markets for energy services
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Directive
on Energy End-use Efficiency and Energy Services
Obligations for energy distributors and retail sales companies (II)
MS to select one or more of the following
requirements for energy distributors/retail
sales companies:
1. offer and promote energy services
2. offer energy audits for final customers
3. contribute to EE funds
4. Voluntary agreements/other marketoriented schemes („White certificates“)
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Directive
on Energy End-use Efficiency and Energy Services
Further provisions affecting energy distributors and retail salers
•
Volume-driving incentives in tariffs for
net-bound energies to be removed
•
Optional use of funds to subsidise EE
improvements
•
Individual metering where technically
possible and financially reasonable
•
Informative billing
•
Qualification/accreditation/certification
systems for energy service providers
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Directive
on Energy End-use Efficiency and Energy Services
Typical energy services
• Indoor thermal comfort
• Domestic hot water
• Cooking
• Lighting/illumination
• Refrigeration/cooling
• Mobility etc.
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Directive
on Energy End-use Efficiency and Energy Services
Summary
• No binding targets, but binding measures
• Subsidiarity, flexibility for MS
• Untapped cost-effective savings potential of 2.5 % annually
• Green Paper (2005): ≥20% of total final energy consumption
(realisable by 2020)
• Methodological challenge: M&V; ex-post evaluation of EE policies
and measures
• Germany: Many utilities and Stadtwerke are active in offering
multiple energy services, like energy performance contracting etc.
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Towards a European Directive
for Renewable Heating and Cooling (RES-H)
“Legislation on renewable energy in
heating is the missing piece of the
jigsaw.“ (Biomass Action Plan 2005)
„The Commission will bring forward a
Renewable Energy Road Map. This
would cover (…) a new Community
Directive on heating and cooling,
complementing the Community energy
saving framework.“
Green Paper “A European Strategy for
Sustainable, Competitive and Secure
Energy” (8 March 2006)
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Towards a European Directive
for Renewable Heating and Cooling (RES-H)
Initiative Report for Heating and Cooling from RES adopted by
the European Parliament (14 Feb 2006)
• Commission to submit a legislative proposal on increasing the
share of renewable energy for heating and cooling
• Objective: to double the share of RES-H to 20% by 2020
• National binding targets, definitions, National Action Plans
• No harmonisation, but different national support schemes and
incentive mechanisms
• Accompanying measures (e.g. support schemes for highly efficient
CHP)
• Announcement by Energy Commissioner Piebalgs in the EP
plenary session proposing new legislation by end of 2006
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Towards a European Directive
for Renewable Heating and Cooling (RES-H)
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National legislation for DHC - the case of Germany
Ordinance on DH Supply (AVB FernwärmeV)
• Regulates the contractual relationships
between DH suppliers and customers
• Enables DH supply companies to charge
prospective DH customers
- to partly cover the costs for the construction
of the distribution networks (up to 70%)
(Baukostenzuschuss)
- to cover the costs for house service
connection (Hausanschlusskosten)
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National legislation for DHC - the case of Germany
Further legislation affecting DHC
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Energy Industry Act
Grid Access Ordinances for Electricity/Gas
Cogeneration Act
Renewable Energy Sources Act
Biomass Ordinance
Ecological Tax Reform
GHG Emissions Trading Act/National
Allocation Plan/ Allocation Act 2007
Energy Savings Ordinance
Urban Restructuring Programme East
Draft Energy Tax Act
Renewable Heat Law (discussed)
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Promotional policy measures for DHC in Germany
• DH Investment programmes ZIP I/II
• DH Rehabilitation Programme for New
Länder 1992-1995
• Market Incentive Programme
• KfW Promotional Bank
• R&D programmes, e.g. Solarthermie
2000plus (solar assisted DH schemes)
• Regional support programmes
promoting biomass CHP and DHC by
several Länder (e.g. Bavaria, BadenWurttemberg, Schleswig-Holstein)
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Municipal policies promoting DHC in Germany (I)
•
Local self-government has a long tradition in Germany
•
Local authorities traditionally provide public services directly through
public (multi-)utilities
•
Each federal state has ist own Local Authority Act leading to
differences regarding the scope of manoevre for local governments
•
Local development planning for new construction areas/energy
concepts/Municipal energy management for public buildings, etc.
•
Several German federal states authorize municipalities to impose
mandatory connection and use of DH by a municipal by-law
Generally to be based on a „public need“, but also local or
global environmental protection rationales, e.g. climate
protection
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Municipal policies promoting DHC in Germany (II)
•
Mandatory connection implies a supply duty.
•
Mandatory connection implies a monopoly situation and DH
tariffs are subject to price control according to antitrust law.
•
Mandatory connection is controversial, but jurisdiction positive.
•
Many municipalities reserved/prefer alternative strategies by
offering competitive prices and attractive conditions
•
AGFW survey: 12% of overall DH sales
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German Federal Building Code enables municipalities to use
urban planning contracts under private law to enforce use of
renewables or mandatory connection to DH
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Thanks for your attention...
...and do not fall asleep!
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