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| EU Directive 2009/28/EC | |
|---|---|
| Title | EU Directive 2009/28/EC |
| Type | Directive |
| Adopted | 2009 |
| Jurisdiction | European Union |
| Related legislation | Kyoto Protocol, Renewable Energy Directive (EU) 2018/2001 |
| Status | Implemented |
EU Directive 2009/28/EC was a landmark European Union legislative instrument that established a framework for the promotion and use of renewable energy across Member States, setting binding national targets and rules for sustainability and reporting. It built on prior commitments under the Kyoto Protocol and the Europe 2020 strategy and influenced later measures such as the Renewable Energy Directive (EU) 2018/2001 and energy policy debates in institutions including the European Commission, the European Parliament, and the Council of the European Union.
The Directive emerged from negotiations among the European Commission, the European Parliament, and the Council of the European Union, following proposals linked to the 2007 European Council conclusions and commitments under the Kyoto Protocol and the Lisbon Treaty reform agenda. Its adoption involved trilogue discussions informed by assessments from agencies such as the European Environment Agency and stakeholders including International Energy Agency experts, World Bank advisors, and national authorities like the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety and the French Ministry of Ecology. The instrument interacted with prior instruments such as the Directive 2001/77/EC on electricity from renewable sources and with targets embedded in the Europe 2020 headline targets.
The Directive set a 2020 overall target for the European Union to obtain 20% of its energy consumption from renewable energy and established binding national targets for Member States, linking to policies pursued by the European Commission, European Investment Bank, and national ministries such as the UK Department of Energy and Climate Change and the Spanish Ministry for the Ecological Transition. It covered sectors including electricity, heating and cooling, and transport, intersecting with instruments like the Fuel Quality Directive and initiatives from organizations such as the International Renewable Energy Agency and the European Photovoltaic Industry Association. The scope defined mechanisms for cooperation among Member States, market-based instruments resembling proposals by the Organisation for Economic Co-operation and Development, and provisions that influenced planning in regions like Bavaria, Catalonia, and Scotland.
Each Member State was required to prepare a National Renewable Energy Action Plan (NREAP) detailing measures to meet its target, drawing on analytical tools from institutions such as the European Commission Directorate-General for Energy, the European Union Agency for the Cooperation of Energy Regulators, and the International Energy Agency. Plans articulated sectoral trajectories referencing technologies promoted by actors including Siemens, Vestas, and Ørsted and addressed grid integration issues that invoked grid operators like ENTSO-E and regulators such as Ofgem and CRE (France). NREAPs also referenced financing modalities involving the European Investment Bank, national development banks like the KfW, and instruments such as feed-in tariffs and renewable portfolio standards adopted in jurisdictions like Denmark, Portugal, and Italy.
The Directive introduced sustainability criteria for biofuels and bioliquids, specifying greenhouse gas savings thresholds and land-use change safeguards informed by research from institutions such as the Food and Agriculture Organization, the Intergovernmental Panel on Climate Change, and the Joint Research Centre. It required certification schemes developed by stakeholders including ISCC, REDcert, and national bodies, aligning with debates involving NGOs such as Greenpeace, Friends of the Earth Europe, and industry groups like the European Biodiesel Board. The criteria addressed indirect land-use change issues debated at forums like the UNFCCC conferences and in national courts such as the Court of Justice of the European Union.
The Directive set reporting obligations requiring Member States to submit biennial progress reports and final assessments to the European Commission, using methodologies aligned with standards from the Intergovernmental Panel on Climate Change and data sources such as the Eurostat database and the International Energy Agency statistics. Enforcement relied on the Court of Justice of the European Union for infringement procedures, while compliance discussions involved the European Court of Auditors and procedural inputs from institutions including the European Ombudsman and national parliaments like the Bundestag and the Assemblée nationale.
Implementation produced varied outcomes across Member States: countries such as Sweden, Finland, and Latvia frequently exceeded targets, while others like Malta and Luxembourg faced challenges in scaling deployment. The Directive stimulated investment from companies such as Iberdrola, E.ON, and Enel and fostered technological deployment in sectors covered by firms like Vestas and Siemens Gamesa. It also influenced regional policy in areas like Brittany, Saxony, and Andalusia and sparked legal and policy debates in national courts including the Bundesverfassungsgericht and administrative bodies such as the Spanish National Commission on Markets and Competition.
The Directive was later recast and superseded in part by subsequent EU legislation, notably the Renewable Energy Directive (EU) 2018/2001, which updated targets and frameworks, and amendments interacting with the European Green Deal and the Fit for 55 package proposed by the European Commission. These developments engaged EU institutions including the European Parliament committees on Industry, Research and Energy and Environment, Public Health and Food Safety, and influenced multinational dialogues with entities such as the G20 and the United Nations climate negotiations.