Commission Delegated Regulation (EU) 2021/2003

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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources^note, and in particular Article 8(3) thereof,Whereas:

(1)Directive (EU) 2018/2001 sets out a number of cooperation mechanisms to facilitate the achievement of the Union targets for renewable energy in a cost-effective manner, including statistical transfers of energy from renewable sources between Member States. Statistical transfers made pursuant to Article 6 of Directive 2009/28/EC of the European Parliament and of the Council^note and Article 8 of Directive (EU) 2018/2001, allow Member States that fall short of their renewables target set out by Directive 2009/28/EC, or their renewables contribution referred to in Article 3 of Directive (EU) 2018/2001, to buy renewable energy statistics from Member States that are exceeding their target or contribution. Statistical transfers may also be used by Member States to meet the reference points of the indicative trajectory pursuant to Article 32(3), point (e) of Regulation (EU) 2018/1999 of the European Parliament and of the Council^note.

(2)Pursuant to Article 3(6) of Directive (EU) 2018/2001 the Commission is to establish a facilitative platform in order to support Member States using cooperation mechanisms to contribute to the binding overall Union target for renewable energy.

(3)In order to facilitate statistical transfers between Member States, the Commission is empowered to establish a Union renewable development platform (‘URDP’). The URDP should provide an overview of the target and contribution achievement in Member States, include information provided by Member States on supply and demand for statistical transfers of renewable energy, allow Member States to indicate their willingness to engage in statistical transfers and describe the possible conditions for a transfer, identify potential transfer partners through a matching mechanism and provide the contact points in charge of statistical transfers in the Member States. The URDP should also contain a repository with guidance documents and an overview of available information on concluded statistical transfer arrangements. Use of the URDP should be on a voluntary basis.

(4)The URDP should facilitate agreements on statistical transfers. Potential transfers identified by means of the matching mechanism should not be legally binding.

(5)The data on aggregated energy quantities available for statistical transfers used for the URDP should come from third party assessments, and from the integrated national energy and climate plans, the updated integrated national energy and climate plans, and the integrated national energy and climate progress reports, as appropriate, submitted by Member States pursuant to Regulation (EU) 2018/1999. The Commission should feed those data into the platform. Additionally, Member States should be able to indicate the amount of statistical transfers they are interested in making, as buyers or sellers, as well as any particular conditions for the statistical transfer they are interested in including.

(6)In order to ensure the protection of sensitive data relevant to transfers between Member States, access to the URDP should be limited to specific contact points identified by the Member States. Therefore, Regulation (EU) 2016/679 of the European Parliament and of the Council^note should apply where relevant.

(7)In order to assist Member States in the conclusion of statistical transfers of energy from renewable sources, the Commission should provide guidance material about the URDP, including a user manual and templates as well as relevant information on concluded statistical transfer agreements.

(8)In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the third day following that of its publication in the Official Journal of the European Union,

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additional conditions
means criteria, beyond the timing, price and volume of a statistical transfer, that Member States may choose to attach to a statistical transfer agreement;
buying Member State
means a Member State that enters into a statistical transfer agreement to buy a certain statistical quantity of renewable energy from another Member State which is added to the amount of energy from renewable sources that is taken into account in calculating the former Member State’s renewable energy share pursuant to Article 8(1) of Directive (EU) 2018/2001;
renewable energy
means energy from renewable sources or renewable energy as defined in Article 2(1) of Directive (EU) 2018/2001;
selling Member State
means a Member State that enters into a statistical transfer agreement to sell a certain statistical quantity of renewable energy to another Member State which is deducted from the amount of energy from renewable sources that is taken into account in calculating the former Member State’s renewable energy share pursuant to Article 8(1) of Directive (EU) 2018/2001;
statistical transfer
means the transfer of the statistical value, without requiring a physical transfer, of a specified amount of energy from renewable sources as reported under Annex B, point 5 to Regulation (EC) No 1099/2008 of the European Parliament and of the Council on energy statistics from one Member State to another Member State, which amount is deducted from the amount of energy from renewable sources that is taken into account in calculating the renewable energy share of the Member State making the transfer and added to the amount of energy from renewable sources that is taken into account in calculating the renewable energy share of the Member State accepting the transfer;
volume
means the transferred volume of renewable energy to be deducted from the selling Member State’s statistical accounts and added to those of the buying Member State pursuant to Article 8(1) of Directive (EU) 2018/2001.

Commission Delegated Regulation (EU) 2021/2003

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