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1 CODE Review progress of Directive D5.1 South Eastern Europe Region Report on issues and progress with Directive March 2011

2 Table of contents 1. Introduction to the region Method of research and analysis Directive implementation Measures adopted to improve Cogeneration Effectiveness of the Cogeneration Directive 2004/08/EC Status of cogeneration - Incentives and barriers Assess the real diffusion of cogeneration against the potential Progress report Conclusions March

3 1. Introduction to the region The energy markets in South East European region is in transition and in radical change, as the Member States are adapting the EU Directives, mainly in security of supply, liberalization of energy markets, on RES and HE CHP. Regarding CHP, the South-Eastern European Region is characterized by its diversion; two Member States (Bulgaria, Romania) with strong background, mainly in industrial cogeneration and DHS; one Member State (Greece), with medium-to-low penetration mainly in industry and lately in tertiary sector and another Member State (Cyprus), with limited cogeneration mainly in agricultural sector, with biomass. Analytically: Bulgaria The Bulgarian energy market is strongly regulated, but also significantly fragmented. The regulation was a temporary measure for providing social acceptability. So, the electric power market in Bulgaria has been gradually opening to competition since mid-2004 and was fully liberalized as of July 1 st, In 2008 a new regulatory environment arose based on liberalization of the energy market for all consumers, including import and export transactions, enforcement of new requirements concerning the obligation of producers to sell electric power for meeting the demand from protected consumers, new relations with the TSO, which is registered now as an independent juridical entity. The relations between players on the electric power market are complex due to the existing considerable commitment for stability of the system, social protection of consumers and the opportunity for free trade with electric power. Currently, there is no mechanism for formation of a reference price, which impedes realistic market price levels. The regulatory base and the market practices are currently characterized by rules applied to trade in electric power regulate the relations in the energy sector with different principles of dealing in the regulated and liberalized sections of the market. Since July 1 st, 2007 the State Energy and Water Regulatory Commission (SEWRC) has been defining quotas for producers, pursuant to the Energy Act, for meeting the demand of privileged consumers - households and SMEs enterprises. Regulated quotas are valid for a six months period and for the entire demand by clients using MV and LV, including household demand. A new energy Law is expected during Cyprus The Cypriot energy system is facing important legal and administrative changes, in order to trail the process of liberalisation of its energy markets. This requires transposition of all of EU Directives, regarding mainly security of supply and electricity sector, as NG does not exist in the island. Within the framework of its development plan of the electricity sector, EAC- March

4 AHK plans to invest in order to reinforce the island s electricity transmission network. The government of the Republic of Cyprus decided to import LNG to supply the power plants. This measure is taken first in order to comply with the environmental restrictions imposed by the EU, second to cover the increasing electricity needs. Cyprus had initially planned to import, by an underwater gas pipeline, gas from Syria or form the new unexploited underwater gas fields. Until now this project is under examination. Greece The electricity market is partially liberalised (L.2773/99) but actually is fully controlled by the dominant vertically integrated company, namely PPC SA, who owns almost 100% of current generation capacity, holds 94% of electricity customers and owns the entire transportation and distribution grid and as up today few customers changed supplier. Currently, the few competitors of PPC are electricity traders who import up to 200 MW in total from Bulgaria and elsewhere. Despite its wind power potential and the subsidization support schemes that are in place, the development of wind power and other RES are progressing slowly, due to the implementation difficulties and to the lack of high voltage power grid in the windy areas. The development of biomass plants is also slowly progressing, except for plants exploiting landfill gas. There are prospects for the development of high enthalpy geothermal energy (up to 100 MW), but beyond year Now, a new Law for electricity and gas market is under open discussion, before the parliamentary procedures. There is no national energy strategy plan in action. Romania Electricity generation is primarily based on coal and RES with a significant contribution from natural gas and nuclear energy. RES, mainly hydro generation and some biomass, account for 29% of electricity generation, far above the EU-27 average of 14%. In 1996, nuclear energy was first introduced in the electricity mix. Total generation has increased between , but remained fairly constant from 2004 and onwards. The liberalization of the electricity market and introduction of competition in power generation and supply sectors are two major objectives of energy policy in Romania. Since 1998, several restructuring stages have been achieved. The restructuring process is not completed yet. The national medium-term strategy for the development of the Romanian energy sector adopted by the Government in 2001 includes specific guidelines on privatisation of generation and distribution companies in order to develop a competitive framework for the electricity trading. The regulatory changes were both an incentive and a consequence of the advancement of the privatisation processes, the negotiations with the strategic investors bringing an improvement of the initial draft methodologies. As far as the implementation of March

5 the Electricity Directive is concerned, an Emergency Ordinance (1998) lays out the measures to be introduced for liberalization of the Romanian electricity market. Following a Government Decision, in 2002, electricity market opening was increased to 33% with licensed suppliers and eligible customers defined by the regulatory authority. In practice, the contracts signed between licensed suppliers and eligible customers account to around 8% of the market. ANRE issues authorisations for new generation capacity and for the rehabilitation of existing plants for companies with headquarters or secondary head offices in Romania. Licenses are awarded subject to the accomplishment of a feasibility study, an environmental impact assessment and a financial assessment. Romanian energy market can be characterised as the most mature in the SE European region. 2. Method of research and analysis In order to monitor the progress of the implementation of the Cogeneration Directive by the four countries and analyse and compare the results, a questionnaire was sent to Member State representatives who addressed the following six main issues: 1. Has your Member State implemented the Cogeneration Directive 2004/08/EC? 2. Which are the instruments put in to practice by your Member State to promote the high efficiency cogeneration? 3. What is your opinion: is the Directive effective in improving the penetration of cogeneration in your Member State? 4. Is cogeneration growing in your Member State? 5. Assess the actual position of cogeneration compared to the estimated potential in Progress Report. 2.1 Directive implementation All four Member States of EU in South-Eastern Europe have transposed the Directive 2004/8/EC into their legal system, but none of them within the time framework set by the Directive (February 21 st, 2006). The legal documents (Laws, Decisions) for each Member State transposing the Directive into their energy legal system are issued as following for each Member State: Bulgaria: Energy Act issued Cyprus: L.174(I) issued March

6 Greece: L.3734/09 issued Romania: Decision Nr. 200/07 issued , while the deadline, set by the Directive was It is important to add that in Greece, in the last five years, two Laws and two Ministerial Decrees are dedicated to CHP of High Efficiency, introducing new, more favourable, Feed-intariffs for cogenerated electricity, especially with NG as fuel. Regarding the required by the Directive, Progress Report, Analysis of the National potential, Report on barriers and administrative issues and the Guarantees of Origin schemes by the Member States, they are presented in the Table below. Member State Progress Report Analysis of National Potential Barriers for CHP / administrative - procedural situation Guarantees of Origin Scheme Art 10(2) - Art 6(3) Art 10(1) - Art 6(1) Art 10(1) - Art 9(1&2) Art 10(1) - Art 5(3) Due on 21/02/2007 and then each 4 years Due on 21/02/2006 Due on 21/02/2006 BG received received received received EL received received received received Due on 21/02/2006; due on 21/06/2007 (6 months after adoption of harmonised reference values - Commission Decision 2007/74/EC of 21/12/2006) CY received received received not received RO received received received received 2.2 Measures adopted to improve Cogeneration The instruments put into action, by the four Member States of the region, to promote the high efficiency CHP are different in each Member State. There are recorded introduction of the reference values, support schemes, tax allowances and in some cases simplification of permit procedures, GoO, etc. In Bulgaria the reference values are considered by cogenerators as important, but they propose lower values for old stations, as twenty two of their CHP installations will lose their characterization as High Efficiency CHP ones. Regarding GoO, they adopted two years ago, March

7 but there is a dispute in Bulgarian energy market, between energy producers and electricity companies, for its application. Regarding F-I-T for cogenerated electricity, a characteristic example is Sofia CHP with DHS, where the preferential prices are based at the fuel cost. In Cyprus, there is no yet a GoO scheme, only an F-I-T for cogenerated electricity of 12.1 /kwh. No F-I-T for tertiary and residential sector and the so-called bilateral contracts between cogenerators and the electricity company AHK is still on paper. Also, EAC-AHK is not permitting the cogenerator to sell the extra heat to other private customers. In Greece, the reference values were issued in a Ministerial Decree in July 2009, but they were not worked yet. The opinion of the cogenerators is that these values should be remaining the same for five at least years in order the CHP market to understand them and work with them. Regarding GoO, HTSO did not decide yet if they will include both CHP and wind applications in GoO, or one of them. For F-I-T for cogenerated electricity, there is one flat price for cogenerated electricity from all fuels, except the ones with NG. This price is equal to the F-I-T for RES, except PV and biomass. For cogenerated electricity from NG there is a preferable F-I-T based on average price of NG and the capacity of the CHP unit, where the F-I-T up to one MW is higher than the other one. But still exists a threshold of 35 MW e, for no reason, for a unit to be characterized as High Efficiency CHP one. Also, there is tax allowance for new CHP units through the state Development Law. In Romania the introduction of Green Certificates, in L.139, is considered by ANRE, the Regulator, as state aid. The cogenerators are considering the Reference values as very useful, in order to put an order and stimulate the local CHP market. 2.3 Effectiveness of the Cogeneration Directive 2004/08/EC In general, the transposition of the Directive 2004/4/EC in the legal system of the four Member States of South-Eastern Europe improves the conditions for further penetration of CHP in SE European region. In reality, the Member States governments started again to reconsider CHP as on valuable asset in their struggle to reach the targets set by Lisbon Treaty. And this was a breakthrough especially in Member States where there was no policy before for the promotion of CHP (i.e. Cyprus) or CHP was underestimated for its benefits. In Greece a country without a strong previous background and experience on industrial cogeneration or District Heating Systems, as the other two Member States of the Region, Bulgaria and Romania, there is a notable development in the promotion of CHP by the Greek state. Firstly in 2006 in the Law for the promotion of RES was introduced the March

8 definition of High Efficiency of CHP with favourable F-I-T, equal in amount to those for RES, except PV that were getting far more favourable tariffs. Secondly in 2009, the Greek State transposed the Directive 2004/8/EC, with favourable treatment to CHP systems, up to 1 MWe (small cogeneration). Then, a new Law 3851/2010 promoted further HECHP with more favourable F-I-T for two categories of cogenerators; those using N.G., as fuel and those using CHP, with NG, for heating up high efficiency glass greenhouses and are using their exhaust gases for agricultural purposes. It is important to note that many of cogenerators that installed CHP with NG as fuel (either with EU incentives (2 nd and 3 rd CSF) or with the incentives of the National Development Law) kept their units out of operation, because of unfavourable energy prices in Greece. When an extra F-I-T of an extra 30% was given to them as bonus after the implementation of the Law, they started to produce high efficiency cogenerated electricity again. This percentage is calculated based on the average monthly price of NG, a price given by DEPA SA (the Greek State NG company). For those using above all, the exhaust gases for agricultural purposes there is an extra F-I-T of 18%. On the other hand, the transposition of the Directive in Cyprus (done within the time framework set by the Directive) did not create any remarkable development of CHP in all sectors, except the agriculture one, where there are now CHP units installed with biomass (i.e. biogas from pig farms). These units present the technological state-of-the-art but the given F-I-T is considered low. This is due to the fact that the Cypriot Energy market is considered as peculiar (no NG, all fuels are imported, island mode electricity network, etc.). 2.4 Status of cogeneration - Incentives and barriers Bulgaria In Bulgaria, the CHP is growing slowly, mainly due to the existing energy prices and all the barriers are described below: Legislative barriers: The unresolved problems relative to the heat trading in the district heating sector have a negative impact on the development of cogeneration. Bulgaria is the only country in Europe where the heat supply company sells the heat not to the building, but to each individual apartment. There is no support scheme for micro-chp. In fact there is no possibility for a single micro-chp producer, installed in houses and buildings, to sell the surplus energy to the grid. There is no fixed and firm feed-in tariff preferential cogenerated electricity price, which according to the existing Law has to be based only on the gas price and has to March

9 be valid for a relevant period. In Bulgaria this preferential electricity price is set individually for each CHP producer from the SEWRC regulator (State Energy and Water Resources Commission). Usually this price is related on gas price, investment and operational costs plus 7-8% returns of the equity capital. Thus, a producer with higher costs will obtain a higher price. Moreover, every time when the gas price is changed every CHP producer have to apply for new price and to provide again tons of paper to SEWRC, a quite bureaucratic procedure. Another problem, that many industrial facilities are facing, is the so called "own electricity consumption". In the Bulgarian Energy Act it is stated that the electricity, produced from a high efficiency CHP is subject of a preferential feed-in tariff, but excluding the consumption of the producer. There is an unclear definition of what is the definition of means "producer" - the CHP installation or the whole industrial plant, which consumes heat and electricity resources. For example, for a large industrial customer that consumes ~ 20t/h of steam and 12 MW e electricity, the ideal is the installation of a 15 MW e CHP; common procedure in EU Member States countries. In Bulgaria, this is not the same situation - the Bulgarian Energy Act states that it is subject of preferential price only the difference of the 15 MW e installed to 12 MW e (own consumption). Therefore only 3 MW e will be awarded with the preferential price. So, the customer has no benefit for installing a high capital system, like CHP, and it is cheaper to produce steam in steam boilers with NG and to purchase the needed electricity from the grid. Technical barriers: The requirements for connection of new CHP installations to the grid are considered as barrier, for building new cogeneration capacities in the country. The same applies to the natural gas supply. Financial barriers: The high natural gas prices in mid-term perspective are considered as a serious barrier to the development of high efficiency cogeneration schemes in the country. Cyprus Limited grow of HE CHP, mainly due to the existing energy market (no NG, no Liberalization) and of the barriers described below: Climatologic conditions of the country: It becomes understandable that the climatic conditions of Cyprus encourage the use of tri-generation CHP systems, for covering and the cooling loads, particularly in the tertiary sector. Processes of Interconnection of Cogenerators to the Network: Today, no recorded experience exists for the connection of HECHP systems with the Grid, either by the investors or the Administrator or the EAC-AHK. March

10 Priority Right for installations HECHP: In Law 174 (I) / , Article 8 it is reported in that it is comprehended that priority right is in effect for installations of electricity production up to 7 MW e. Also, it is reported that in the case where the auto-producer produces electric energy through high-efficiency co-generation the priority right is in effect for installations of electricity production up to 11 MW e. It obviously contradicts with the objectives and the spirit of Directive 2004/8/EK. Greece There are signs that the existing situation of slow grow of CHP is going to change; but it is a slow process, mainly due to the immature energy market and the barriers described below: Climatologic conditions of the country: the climatic conditions Greece, especially in its south parts encourage also the use of tri-generation CHP systems, for covering and the cooling loads, particularly in the tertiary sector. Priority Authority for CHP units throughout the electrical load distribution: In Law 2773/99, which determined the terms of the liberalization of electricity market in Greece, the Article 35 specified that CHP units, up to 35 MW e, can get priority to the Network. It obviously contradicts with the objectives and the spirit of Directive 2004/8/EK. Connection Procedures of Cogenerators with the Network: The access of cogenerated electricity to the Network is a rather complicated issue for cogenerators, as no clear and well-defined regulations, by the HTSO and PPC exist, driving the cogenerators to negotiate with them the terms of access from a lagging position. Fuel Pricing and Availability for CHP units: An important issue, regarding the further penetration of CHP in Greek system, is the existing energy pricing policy, especially the low electricity pricing for both industrial, tertiary and household sectors and the high gas pricing, knowing the price connection of gas with crude oil and its implications. It is partially solved for cogenerators with NG as fuel. Permit Procedures for all types of CHP units: The procedure for obtaining the permit, for any type of CHP units, is complicated and time consuming. For applying for a permit, the involvement of different public authorities (i.e. RAE, Ministry of Development, Ministry of Environment and Public Works, local authorities, Prefecture, etc.) is required. The most notable delay occurs during the procedures for the environmental consequences permit, issued by the Ministry of Environment and Public Works. Romania In Romania, the CHP is growing rather gradually, mainly due to the existing energy prices, the high cost of CHP systems and all the barriers are described below March

11 The old age of the existing thermal energy production, transport and distribution facilities constitute a major problem for local producers of electrical and thermal energy in cogeneration do not have the investment capacity required to upgrade and modernise them. At the same time, the spectacular rise in equipment costs means that correspondingly higher investments are required. Consequently an unrealistically long period of exploitation is required, for any given installed thermal power, in order to make such investments acceptable to investors. In these circumstances, the conventional heat production plants continue to be preferred since they require less capital investment and hence involve less risk. Due to the substantial drop in technological steam consumption resulting from decreased economic activity and industrial restructuring, many plants are functioning below their minimum technical limit. In addition, many thermal energy consumers stopped using the services of centralised systems and thermal energy demand in the residential sector also fell significantly. There are also typical market obstacles, such as unfavourable natural gas and electrical energy prices. The larger the gap between the price of electricity and that of natural gas the more attractive cogeneration becomes and the more advantageous compared to conventional production. The current situation where gas prices are rising, while electrical energy prices are not, makes it difficult to recover the investment and hence investors are reluctant to invest. The implementation of environmental protection measures is also a major obstacle because it involves extra funds, which have to be allocated at the start of investment, especially for coal-powered power stations. Another obstacle to the development of cogeneration is the fact that external costs such as CO2 emissions are not realistically included in energy prices. The transport and distribution of electrical energy require additional investment to extend grids, in certain areas, which can have a negative impact on the price. 2.5 Assess the real diffusion of cogeneration against the potential For all the reasons explain in this Report the actual position of CHP in all Member States of the South-Eastern European Region is lagging compared to the estimated potential. This is explained in the different sections of this Report. For Bulgaria the collected data shows that there are twenty nine CHP installations where seventeen of them are characterized as non-hechp (58.6 %) where five of these installations are old power plants with coal. March

12 Regarding Greece no sector s thermal or electrical power can be satisfied by CHP. Taking into account that in late 90s the cogenerated electricity was 2.4 % of the total electricity production and in 2010 this percentage dropped to 1.8 % this can verify the above statement. Also the large amount of investment required to refurbish old CHP stations in Romania and Bulgaria, the new tendencies by customers in these countries of independent heating systems in their establishments, the existing energy prices and the continuing economic crisis creating a difficult environment for CHP to satisfy even partially their electricity or heating requirements. Recently, the HACHP completed the database regarding the CHP installations in Greece for all sectors of the economy primary, secondary, tertiary sectors. The table below presents the CHP installations operating in Greece, in the first quarter of Period Installed Capacity (MW e ) No of units , , today 38,06 7 Total 226,59 28 As it can be seen from the above table, the majority of installed capacity operating CHP units (61%) is from the period of and the rest from the last fifteen years. This can show the real position of CHP in one Member State in the region. Today there are permits of installation, issued by the Regulator (RAE) of about 410 MW e to be implemented in 2011 or early But it should be added that a slowdown of activities with high investment, like CHP, become visible due to the economic crisis and the dilemma of the bank sector to finance them. 2.6 Progress report The four reports of the Member States reflect the existing status of the liberalization of their energy markets, the importance that the Member States place on energy efficiency methods and techniques and on the sustainability and environmental issues, as well as on their previous experience on cogeneration systems, i.e. large thermal power plants operating with fossil fuels with large district heating networks typical examples are Bulgaria and Romania. March

13 The reports of each Member State were considered as useful, but different in its format and of its methods of the collection and analysis of the existing data. So, during the examination of these reports it was almost unable to locate similar data for common evaluation and comparison. It is strongly recommended that the PR content should be the same for all Member States, in order to be easier for the Commission to extract solid and comparable picture of the Cogeneration in Europe. There is no any indication about the new report, from any Member States. 3. Conclusions The analysis of the reports for CHP and HECHP in the South-Eastern European Member States shows that there is remarkable potential in all sectors (industrial, tertiary and residential), mainly with NG as the fuel and with biomass as there are significant stockpile of different type of biomass (energy plants, vegetable, animal and residual wastes, etc.). In order though to achieve the implementation of the above mentioned potential into CHP installations, it is required to work harder in a regional basis to overcome the existing barriers and old-fashion concepts. The energy markets of the four Member States should be more open, transparent and adaptive to cogenerated electricity, taking into serious account the environmental and other benefits of CHP. March

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