Commission Delegated Regulation (EU) 2023/2104 of 4 July 2023 amending Delegated Regulation (EU) 2015/2402 as regards the review of harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2012/27/EU of the European Parliament and of the Council
Commission Delegated Regulation (EU) 2023/2104of 4 July 2023amending Delegated Regulation (EU) 2015/2402 as regards the review of harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2012/27/EU of the European Parliament and of the CouncilTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/ECOJ L 315, 14.11.2012, p. 1., and in particular the second subparagraph of Article 14(10) thereof,Whereas:(1)Delegated Regulation (EU) 2015/2402Commission Delegated Regulation (EU) 2015/2402 of 12 October 2015 reviewing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2012/27/EU of the European Parliament and of the Council and repealing Commission Implementing Decision 2011/877/EU (OJ L 333, 19.12.2015, p. 54). established reviewed harmonised efficiency reference values for the separate production of electricity and heat, as a matrix of values differentiated by relevant factors, including year of construction and types of fuel and complemented with correction factors with regards to average climatic situation and avoided grid losses.(2)The Commission carried out a review of those harmonised efficiency reference values ("the review") for the separate production of electricity and heat taking into account data from operational use under realistic conditions, provided by Member States and by stakeholders. As a result of developments in the best available and economically justifiable technology, observed during the review period from 2016 to 2021, the distinction drawn in Delegated Regulation (EU) 2015/2402 relating to the year of construction of a cogeneration unit should be maintained in relation to the harmonised efficiency reference values for separate production of electricity.(3)The review showed a need to include new fuels and emerging technologies that might be used more broadly or introduced in cogeneration. Therefore, the list of energy sources with specific reference values should be extended to include e-gases and traded hydrogen as well. As regards traded hydrogen, separate reference values should be set to increase the efficiency of hydrogen use in large cogeneration units.(4)The review supports the use of a single reference value for the separate production of electricity for all fossil fuels, based on natural gas use in combined cycle gas turbine power stations. The building of new cogeneration units using liquid or solid fossil fuels is not in conformity with the long-term energy and climate policy objectives of the Union. Therefore, in order to avoid retroactive changes for current schemes, the reference values should be updated and be applicable to the new and substantially refurbished cogeneration units consuming fossil fuels put into operation from 1 January 2024.(5)The review showed that the harmonised efficiency reference values for the separate production of heat should be changed only as regards fossil fuels. The new set of reference values for fossil fuels are established on the basis of heat-only boilers using natural gas and should be applicable to new or substantially refurbished units for separate production of heat completed as from 1 January 2024.(6)It is necessary to have stable conditions for investment in cogeneration, and continued investor confidence, therefore it is appropriate to fix harmonised reference values for electricity and heat.(7)One of the objectives of Directive 2012/27/EU is to promote cogeneration in order to save energy, therefore an incentive should be granted for retrofitting older cogeneration units in order to improve their energy efficiency. In order to provide such incentive, and in conformity with the requirement for the harmonised efficiency reference values to be based on the principles set out in point (f) of Annex II to Directive 2012/27/EU, the efficiency reference values for electricity applicable to a cogeneration unit should increase from the eleventh year after the year of its construction following the rules in Article 3(2) of Delegated Regulation (EU) 2015/2402.(8)Thermal generation is becoming increasingly important for energy system security, resiliency and flexibility. The operation of some cogeneration systems may change to provide security of supply, flexibility or ancillary services to the electricity system, depending on the application. Future revisions of Delegated Regulation (EU) 2015/2402 shall explore the evolution of efficiency levels, as thermal power plants must adapt their operation to become more flexible in response to renewable power intermittency and demand-side electrification.(9)Delegated Regulation (EU) 2015/2402 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION: