Cogeneration (Directive 2004/8/EC on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC)

L 52/50                EN                            Official Journal of the European Union                                        21.2.2004


                        DIRECTIVE 2004/8/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                                                               of 11 February 2004
               on the promotion of cogeneration based on a useful heat demand in the internal energy market
                                            and amending Directive 92/42/EEC


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE                                    energy supplies currently accounting for 50 % of
EUROPEAN UNION,                                                                   requirements and projected to rise to 70 % by 2030 if
                                                                                  current trends persists. Import dependency and rising
                                                                                  import ratios heighten the risk of interruption to or diffi-
Having regard to the Treaty establishing the European Com-                        culties in supply. However, security of supply should not
munity, and in particular Article 175(1) thereof,                                 be conceived as merely a question of reducing import
                                                                                  dependency and boosting domestic production. Security
                                                                                  of supply calls for a wide range of policy initiatives
Having regard to the proposal from the Commission (1),
                                                                                  aimed at, inter alia, diversification of sources and technol-
                                                                                  ogies and improved international relations. The Green
Having regard to the opinion of the European Economic and                         Paper emphasised furthermore that security of energy
Social Committee (2),                                                             supply is essential for a future sustainable development.
                                                                                  The Green Paper concludes that the adoption of new
                                                                                  measures to reduce energy demand is essential both in
Having regard to the opinion of the Committee of the                              terms of reducing the import dependence and in order
Regions (3),                                                                      to limit greenhouse gas emissions. In its Resolution of
                                                                                  15 November 2001 on the Green Paper (6), the Euro-
                                                                                  pean Parliament called for incentives to encourage a
Acting in accordance with the procedure laid down in Article                      shift towards efficient energy production plants,
251 of the Treaty (4),                                                            including combined heat and power.


Whereas:
                                                                           (4)    The Commission's Communication ‘A Sustainable
                                                                                  Europe for a better world — A European Union Strategy
(1)    The potential for use of cogeneration as a measure to                      for Sustainable Development’ presented at the Gothen-
       save energy is underused in the Community at present.                      burg European Council on 15 and 16 June 2001 identi-
       Promotion of high-efficiency cogeneration based on a                       fied climate change as one of the principal barriers to
       useful heat demand is a Community priority given the                       sustainable development and emphasised the need for
       potential benefits of cogeneration with regard to saving                   increased use of clean energy and clear action to reduce
       primary energy, avoiding network losses and reducing                       energy demand.
       emissions, in particular of greenhouse gases. In addition,
       efficient use of energy by cogeneration can also contri-
       bute positively to the security of energy supply and to
       the competitive situation of the European Union and its             (5)    The increased use of cogeneration geared towards
       Member States. It is therefore necessary to take measures                  making primary energy savings could constitute an
       to ensure that the potential is better exploited within the                important part of the package of measures needed to
       framework of the internal energy market.                                   comply with the Kyoto Protocol to the United Nations
                                                                                  Framework Convention on Climate Change, and of any
                                                                                  policy package to meet further commitments. The