(2004/C 78 E/0172)

WRITTEN QUESTION E-2788/03

by Chris Davies (ELDR) to the Commission

(19 September 2003)

Subject:   Use of peat for electricity generation

Article 2 of Directive 2001/77/EC (1) on the promotion of electricity from renewable energy sources excludes peat from the specified list of renewable fuels.

Earlier this year the Swedish Parliament agreed that peat should be added to its country's list of fuels eligible for green certificates used as the basis for reporting progress on renewable energy production to the EU.

Use of peat by gardeners and for the production of electricity has led to peat bogs being ranked amongst the most threatened natural habitats in Europe.

What action does the Commission intend to take to ensure that peat is not permitted to be eligible for green certificates in Sweden?

Answer given by Mrs de Palacio on behalf of the Commission

(23 October 2003)

The Commission agrees that peat is not regarded as a renewable energy source according to the definitions in Article 2 in Directive 2001/77/EC of the Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market.

Consequently, electricity produced with peat as fuel cannot contribute to the Swedish fulfilment of the target defined in the Directive. Furthermore a Member State cannot issue a guarantee of origin for electricity produced from peat in the context of the Directive.

According to Article 3 and 6 in the Directive Member States shall publish before 27 October 2003 reports including an analysis of success in meeting the national targets and an evaluation of the existing legislative and regulatory framework.

The Commission has not yet received these reports. If the Swedish reports indicate that the implementation into national legislation is not in compliance with Directive 2001/77/EC the Commission will take the necessary steps towards the Swedish authorities.

Directive 2001/77/EC does not prevent a Member State from using peat for electricity production nor from establishing a system of certificates for certain types of electricity. If such a system of certificates includes economic support the system must be in compliance with Community regulations on state aid. The use of peat for electricity production must also comply with the Community Directives concerning protection of nature such as the Habitat Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (2)). The Commission will also react regarding these regulations if a Member State is not in compliance.

(1)  OJ L 283, 27.10.2001, p. 33.

(2)  OJ L 206, 22.7.1992.