2nd training session of 6 online training sessions for energy communities: 'What's the impact of regulation on energy communities? Cases from Belgium, France & Italy'.
This 6 pack series is organised by TWEED and Flux50, energy clusters in Belgium.
Webinar : What's the impact of regulation on energy communities? Cases from Belgium, France & Italy - 02/03/21
1. SmartEnergy
SMARTENERGY – Digitalising energy in europe
Energy Communities
What's the impact of regulation on energy communities?
Cases from Belgium, France & Italy
S M A R T E N E R G Y I S
P O W E R E D BY
6. Citizen and Renewable
Energy Communities
EU legal framework and implementation pathways
Achille Hannoset, European
Commission, DG ENER, Unit B1
Disclaimer: the identified implementation pathways in this
powerpoint only serve as an illustration. It does not commit the
Commission’s views regarding the compliance of the respective
national legal frameworks with EU law, nor does it identify best
practices or preferred implementation pathways.
8. CEC REC
Legal concept: shared core
• Renewable electricity
market
• Any legal entity
• Open and voluntary
• Primary purpose to
provide environmental,
economic or social
community benefits
Citizen Energy Communities Renewable Energy Communities
9. CEC
Electricity (technology-
neutral)
Any entity may
participate
Natural persons, local
authorities, or small
enterprises in effective
control
No decision-making
power for large energy
companies
REC
RE based heating and
electricity
Limited to natural
persons, local authorities
or SMEs (participation ≠
primary activity)
Participants located in
the proximity of the
renewable energy
projects that are owned
and developed by REC
“Autonomous”
Legal concept: differences
10. • Network-based (LU, SI, AT): downstream of the high and/or medium
voltage electricity transformer station; behind the same low voltage
transformer station; behind low voltage (local REC) or medium voltage
level (regional REC)
• Administrative (EL): 50%+1 of the members need to be located in the
District where the community has its headquarters
• Distance-based (e.g. 8 km radius)
• Ad hoc (WA, IR): to be assessed by regulator on a case-by-case basis
• Hybrid (e.g. administrative and distance based)
Implementation pathways: ‘proximity’
12. Privileges:
Access to financial instruments and information
Customised support scheme
Removal unjustified barriers
Regulatory and capacity-building support to
public authorities
Rights and responsibilities:
facilitating market integration (procedures,
tariffs and activities)
Enabling framework REC & CEC
REC
CEC
13. Energy sharing
Citizen Energy Community Renewable Energy
Community
Renewable self-consumers
Scope “Electricity produced by
community-owned production
units” (Art. 16 (3) (e) IEMD)
“Electricity produced by
community-owned production
units” (Art. 22 (2) (b) RED II)
“Renewables self-consumers
located in the same building,
including multi-apartment
blocks, are entitled to engage
jointly are permitted to arrange
sharing of renewable energy
that is produced on their site or
sites between themselves” (Art.
21 (4) RED II)
Charges, tariffs and levies “Without prejudice to applicable
network charges, tariffs and
levies, in accordance with a
transparent cost-benefit
analysis of distributed energy
resources developed by the
competent national authority”
(Art. 16 (4) IEMD)
“Community members should
not be exempt from
relevant costs, charges, levies
and taxes that would be borne
by final consumers who are not
community members” (recital
71 RED II)
“Without prejudice to the
network charges and other
relevant charges, fees, levies
and taxes applicable to each
renewables self-consumer”
(Art. 21 (4) RED II)
14. Implementation pathways
Luxembourg Austria
• Energy sharing within REC
• Members located downstream H/MV transformer
station connected to LV station operated by
DSO
• DSO (static) or REC responsible for attribution
(delegation possibility)
• If responsible for attribution, REC has the
obligation to communicate total quantities
consumed and produced at least every month
• Energy sharing within local REC, regional REC
and CEC
• REC located within territory of one DSO
CEC may be located in area of several DSOs
• DSO responsible for attribution, following static
(fixed share) or dynamic (consumption-related)
approach
• DSO obligation to share data
• Reduced grid tariffs
15. Tariffs
Citizen Energy Community Renewable Energy Community
Cost-reflective ü ü
Non-discriminatory ü -
Contribute in an adequate and
balanced way to overall cost
sharing of the system
ü -
Contribute, in an adequate, fair
and balanced way, to the overall
cost sharing of the system
- ü
In line with a transparent cost-
benefit analysis of distributed
energy sources developed by the
national competent authorities
(ü)
For purpose of energy
sharing
ü
16. Implementation pathways
• Local grid tariffs (AT):
ü Exemption from grid fees above the grid level of REC
ü Removal of consumption-based surcharges (electricity
tax, RES support)
• No exemption from grid tariffs (FL)
• Ex post remuneration
17. Procedures
• “Fair, proportionate, non-discriminatory and transparent
procedures” (Art. 16 (1) (e) IEMD) (Art. 22 (4) (d) IEMD)
• Production and supply related procedures (registration and
licensing)
• Grid access procedures
18. • Implementation pathway: “Enduring Connection Policy 2”
(IE)
ü Applications by “community-led renewable energy projects” may be submitted at
any time
ü Building permit is not required to apply for a connection + possibility to rely on the
connection capacity for two years in order to obtain a building permit
ü Reduced initial application fee deposit
ü The DSO will decide if it is feasible to have the connection assessment processed on a
‘non-batch’ basis and issued before the next batch application window closes
ü 15 connection offers are reserved each year for community projects that were not
processed on a non-batch basis
Grid access procedures
19. • Implementation pathway: easing production & supply
licensing requirements (EL)
ü Exemption from the obligation to pay the annual fee for retaining an electricity
production license
üTransfer of production licenses for production installations exclusively owned by
the community within the same region
ü Minimum supply licensing capital is reduced to € 60,000
Production and supply related procedures
20. • Member States shall provide an enabling framework […] that […] shall ensure […]
that tools to facilitate access to finance and information are available (Article 22 (4)
(g) RED II)
• Implementation pathway (IE):
Tools to facilitate access to finance and
information (REC)
21. • “[…] Member States shall take into account specificities of
[REC] when designing support schemes in order to allow
them to compete for support on an equal footing with other
market participants” (Article 22 (7) RED II)
• Implementation pathways:
ü Exemption from bidding procedures for projects up to 6 MW for wind farms and
1 MW for PV (EL)
ü Community preference category with a capacity up to 30 GWh + exemption
from requirements to post bid bonds and submit performance security (IE)
Support scheme (REC)
22. • Adopted/Proposed legislation for REC:
WA, FL, SL, LU, IE, PT, FR, FL, LT
• Adopted/Proposed legislation for CEC:
FL, AT, FR, LT, NL, EL
Overview implementation progress Member
States
23. Keep in touch
EU Spotify
ec.europa.eu/
europa.eu/
@EU_Commission
@EuropeanCommission
European Commission
europeancommission
@EuropeanCommission
EUTube
25. W h a t 's t h e impact of regulation on
energy communities? Belgium’s case
1. Guy BLOCK – Head of Energy Department
26. EUROPEAN LEGISLATIVE FRAMEWORK
Clean Energy for all Europeans Package > The concepts of 'local energy communities'
and 'renewable energy communities' have been introduced to ensure a “role for the
citizen in the energy transition, where citizens take ownership of the energy
transition, benefit from new technologies to reduce their bills, and participate
actively in the market.”
DIRECTIVE (EU) 2018/2001 - Art. 21.6 « Member States shall put in place an
enabling framework to promote and facilitate the development of renewables
self-consumption […]. That enabling framework shall, inter alia:
(a) address accessibility of renewables self-consumption to all final
customers, including those in low-income or vulnerable households;
[…]
(d) address incentives to building owners to create opportunities for
renewables self-consumption, including for tenants; »
27. Art. 89. Self-consumption is collective when the supply of electricity is
carried out between one or more producers and one or more final
consumers forming a legal entity and whose extraction and injection
points are located downstream of the same public MV and LV electricity
transformation station
BRUSSELS REGION
23 July 2018 Ordinance
3
28. Art. 90. Brugel has the possibility to adopt, for a limited time, specific
market and tariff rules for defined geographical or electrical areas. These
zones are specifically developed through the implementation of
innovative pilot projects […]
The regional regulatory authority (BRUGEL) has so far authorised 2 pilot projects :
ü “Nos Bambins” (July 2020) = It aims to share with ± 15 households the energy of
the photovoltaic panels installed by the project leader Bruxelles Environnement
on the roof of “Les Bambins” school (34,777 kWp) and a a private installation (2.4
kWp)
ü “Greenbizz.energy” (February 2021) = It aims to share the photovoltaic
electricity (240.5 kWp) produced on the roof of the Greenbizz incubator with the
19 companies occupying its workshops
S A M P L E F O O T E R T E X T 4
30. PMO
v Is in charge of all administrative and communication tasks necessary for the
operation of the PMO ;
v Acts as an intermediary between the PMO participants and organizes the operating
rules of the PMO ;
v Drafts, concludes and manages the agreements between the PMO participants ;
v Takes care of the annual invoicing towards the consumers ;
v Assures the protection of the personal data of the PMO participants ;
v Buys surplus electricity from the producer(s) ;
v Determines the allocation method of surplus electricity production
S A M P L E F O O T E R T E X T 6
31. PRODUCER(S)
v Is a member and participates in the PMO governance ;
v Has and maintains a separate electricity supply contract ;
v Sells its excess of electricity production first and foremost to the PMO, within the
limits of the volumes needed by the consumers ;
v Is responsible for issuing and sending annual invoices to the PMO for the excess
of electricity production made available ;
v Is responsible for any injection costs charged by the DSO
S A M P L E F O O T E R T E X T 7
32. CONSUMER(S)
Is a member and participates in the PMO
governance ;
Pays for self-consumed electricity, grid
tariffs, PMO management costs and VAT ;
Receives self-consumed electricity
according to the « cascade »-type
allocation key ;
Has and maintains a separate electricity
supply contract
DSO
Provides the PMO with the necessary
information for a clear and transparent
invoicing ;
Treats all participants to the project in a
non-discriminatory way ;
Maintains network security at all times
S A M P L E F O O T E R T E X T 8
33. Allocation method of surplus
electricity production
The cascade-type allocation of surplus production takes place in several rounds for
each quarter of an hour of the year.
In each round the surplus production:
• is divided by the number of consumers; and
• the quantities of electricity received by each consumer and the amount of
electricity still needed to satisfy their consumption are calculated.
The distribution stops when all the consumers have had their consumption covered
by the electricity made available by the producers and/or when there is no more
electricity to be distributed.
34. THE PRICE
The price charged to the consumer is x cents/KWh less than the price paid
to the electricity supplier at the time of signing the agreement.
The price can then no longer rise or fall as a result of the price paid to the
supplier.
The PMO may, in the event of an upward or downward change in taxes or
network fees, pass this change on the price of electricity sold to the
consumer.
The price of the electricity paid to the producer is equal to the average price
at which the producer would have valued it through partial compensation.
10
35. NEXT STEPS
A more comprehensive legal framework will have to be put in place, for ex.
by providing a tariff that would be :
v variable according to hours and consumption profiles (consumer load
curves and adapted tariffs);
v intended as remuneration for DSOs; and
v coupled with storage in order to reduce peaks in electricity extraction
36. "As regards electricity, the Government will develop as quickly as
possible the production of electricity from renewable sources […]. To this
end, the Government will rely on pilot projects for collective self-
consumption of renewable energy, involving network managers. It will
also pay particular attention to the finalisation and concrete
implementation of the legislation surrounding the development of
renewable energy communities, while respecting the general interest
and the objective of energy transition.”
WALLONIA
Regional policy declaration 2019-2024
12
37. The specific purpose of a renewable energy community is to produce,
consume, store or sell renewable electricity for the environmental, social
and economic benefit of participants at the local level using the public
network or a private grid.
Renewable energy communities can also contribute to balancing the
consumption and production flux on the grid.
LEGAL FRAMEWORK
2 May 2019 Decree
13
38. Several entities (natural or legal persons) within a local perimeter can
agree to share and store their production/consumption of electricity
(exclusively produced from renewable sources or high-quality
cogeneration).
Any natural person, local authority or small or medium company located
in a local perimeter can participate.
The government has the right to review the list of eligible participants.
Companies are free to participate if this participation does not constitute
their social object nor their primary professional or commercial activity.
S A M P L E F O O T E R T E X T 14
39. Local perimeter = a grid segment whose connection points are
located downstream of one or more public MV and LV electricity
transformation stations. Local perimeters can have differing extents,
considering the technical constraints of the network. The specific
conditions for local perimeters are still to be defined
The REC can delegate the management of its activities to a third party.
The REC is subjected to CWaPE and DSO individual authorisation.
This is provided for a specific period of time and can be renewed.
40. The REC does not require a supplier licence, except in case of
mandate by the participants to sell the surplus energy outside of the
local perimeter. The law provides “network managers” that
implement the technical, administrative and contractual
preconditions necessary according to the regulated tariffs
The DSO can be mandated by the REC to manage its distribution
network. The grid tariffs for RECs are still to be defined; the law
states that tariff methodology should contribute to their development
S A M P L E F O O T E R T E X T 16
41. The law also aims at ensuring the balance between the interest in
participating in a REC and the solidary coverage of networks costs and
contribution to taxes, surcharges and other regulated costs
Grid tariffs will be determined by CWaPE, considering the benefits
(avoided costs, avoided investment and renewable energy deployment)
generated by the REC.
While RECs in Wallonia will benefit from local grid tariffs, the
participation in a REC prevents self-producers to benefit from the net-
metering regime accessible to private self-consumers for production
under 10 kW (compensation scheme)
S A M P L E F O O T E R T E X T
42. CHALLENGES
1. Access Conditions : The Government should define specific access
conditions for each local perimeter and provide a series of REC models
better corresponding to certain profiles (residential, commercial, industrial,
social, etc.);
2. State Aid framework: Compared to the EU Directive, the Walloon decree
seems to allow for a certain flexibility, being more inclusive towards
companies participation.
Particular attention should be paid to the Commission’s notion of « selective
advantages » and the risks of revising the advantages that would have been
granted to companies located in a certain geographical area through future
extension of the mechanism to other areas (acquired rights vs. law of change)
43. 3. Compensation and special grid tariffs : Since the compensation
scheme is not possible for REC participants, the success of RECs
relies on the advantages granted through special grid tariffs
(approved by CWaPE) ;
4. Smart Metering : Each REC participant must be equipped with a
smart meter capable of recording the load curves every quarter-
hourly period. It is thus mandatory for the Government to proceed to
the widespread deployment of smart meters as fast as possible.
44. CWaPE recommended that renewable energy communities have to :
v have a legal personality ;
v its members must each conclude an agreement with the CER ;
v any natural person, local authority or SME/PME located within the same
local area may participate in a REC. However, participation may not
constitute the main commercial or professional activity of the enterprises ;
v the compensation scheme is not compatible with participation in a REC ;
v REC is not subject to the granting of a supply licence for collectively self-
consumed electricity;
v the notion of "local perimeter" has yet to be determined by the
Government, within the limits of the decree ;
v be subject to the granting of an individual authorisation by CWaPE,
which will set the threshold for collective self-consumption to be respected
in order to benefit from a specific tariff.
45. Renewable energy communities and collective self-consumption
should facilitate:
v better integration of renewable energies, since local
consumption requires less grid balancing ;
v low cost development and reinforcement of the
distribution grid ;
v economic advantages for REC participants ;
v smart-metering deployment, allowing consumers to better
adapt their energy consumption patterns
The main beneficiaries are certainly the consumers who will
benefit from more attractive tariffs and a better valorisation of
their renewable production.
46. Further details are to be defined and implemented by the Government
regulation (AGW), now in process of parliamentary adoption..
The regulator’s input on the third-party investor mechanism, the
guidelines on self-production and the rules applicable to professional
closed grids should be particularly taken into account.
NEXT STEPS
48. E-CLOUD
Initiated by ORES and IDETA, E-Cloud was
launched in the Tournai Ouest business park
in July 2019.
For a year time period, 12 companies
consumed and shared energy from solar
panels with an output of 400 KWh and a
wind turbine with an output of 2.2 MWh.
During a year 6.450 MWh were produced by
the installations and made available to the
participating companies. 61% of the energy
produced was self-consumed and covered
39% of the electricity needs of the companies.
This system enabled most of the participants
to achieve savings of 4 - 8%
Merygrid
In Mery (Esneux), three companies
produce, consume and exchange their
own energy.
Thanks to the collaboration between
Nethys, ULiège, Wallonia, CE+T, Sirris
and the SPI, a network allowing a better
use of energy while avoiding its waste
has been created. The first energy
storage battery available to companies
and artificial intelligence allowing to
manage and optimize energy flows has
been set up on the site.
Estimated energy savings up to 15%
49. CoLéCo
By 2021, 7 micro-grids in business parks
and, by 2025, a hundred local RECs will
be created in Wallonia Picardy.
The first site will be the Saint-Exupéry
school, where up to 100 kWhc of PV can
be installed, covering the school's annual
consumption and about 20% of the
annual needs in electricity of the district's
inhabitants.
New billing software, specially designed
for consumers in a collective energy
community, will also be tested.
SunHorizon
The installation of hybrid solar panels
on the Verviers swimming pool
building and the Ensival sports hall
will be the site for both heat and
electricity production, involving gas-
powered heat pumps and stratified
storage tanks, which store energy in
the form of hot water.
The project, still formally under way,
has suffered a setback following the
Covid-19 crisis.
S A M P L E F O O T E R T E X T
50. OPPORTUNITIES
Worldwide, more than 400 projects (± 3.2 GWh of electricity production)
are under development or already operational. This number is expected to
quadruple in the next years.
More than a market opportunity, this is a real revolution in the energy
and infrastructures sector, with very concrete opportunities for Walloon
public and private actors .
51. Guy BLOCK & Laurence
HAGE
“ Le nouveau droit des
énergies renouvelables
en Europe et en
Belgique”
55. 1. Timeline
1. European legislation (12/2018 + 06/2019)
2. Start ROLECS-project (01/2019)
3. Consultation VREG (12/2019)
4. First regulatory sandbox in Thor Park Genk
(02/2020)
5. Advice VREG (03/2020)
6. Proposal Flemish Government (10/2020)
56. 1. Timeline
1. European legislation (12/2018 + 06/2019)
a) Directive 2018/2001 on the promotion of the use of
energy from renewable sources
b) Directive (EU) 2019/944 on common rules for the
internal market for electricity
57. 1. Timeline
2. Start ROLECS-project (01/2019)
a) Flux50-project on Local Energy Communities
b) Includes Work Package focusing on the implementation
of a Flemish legal framework on energy communities
58. 1. Timeline
3. Consultation VREG (12/2019)
• Allowing stakeholders to comment on important issues
-> ex. Role of the DSO / Facilitating measures for EC
59. 1. Timeline
4. First regulatory sandbox in Thor Park Genk
(02/2020)
-> Allowing exceptions to certain applicable provisions of
the Flemish rules on energy supply
-> Experiment on energy sharing through multiple
buildings on the same site
-> Regulatory sandbox necessary to allow exemption from
the obligation to have a supply license
! Introduction of the concept of the ‘energy manager’!
60. 1. Timeline
5. Advice VREG (Flemish energy regulator) (03/2020)
-> Making suggestions on how to implement EU-directives
-> Identifying issues policymakers have to decide on
Such as :
- try to define the participants of both EC’s as broad as
possible
- Consider allowing forms of EC’s or ‘energy sharing’
broader than CEC or REC -> issue = effective control is
limited to SME’s, natural persons and local authorities
61. 2. Issues identified
1. Legal Form of the EC
2. Internal Rules of the EC
3. How to define ‘effective control’?
4. How to define ‘proximity’?
5. Right to own distribution systems
6. Who is allowed to participate in ‘energysharing’?
62. 3. Proposal of the Flemish
Government
1. Legal form
Ø Proposal doesn’t decide in favor of a specific legal form
Ø Only transposes the provisions in the EU-Directives:
- Purpose of the legal entity is to provide ecological, economic
or social community benefits for its members or the local areas
where it operates
- Financial profit can only be subordinate to the main purpose of
the legal entity
- Two Belgian legal forms seem to be very suitable: VZW and CV
63. 3. Proposal of the Flemish
Government
1. Legal form
Ø Important!
Ø EC has to notify VREG concerning certain elements ->
Ø Activities of the EC
Ø Composition of the EC (ex. Participants and Assets)
Ø In case of REC -> inform the VREG of the way
proximity is applied in the specific case of the EC
64. 3. Proposal of the Flemish
Government
2. Internal Rules of the EC
Ø Members of the same energy community have to enter into an
agreement with the EC about their rights and obligations
Ø In case of energy sharing, the agreement has to contain a
distribution key concerning the way the shared energy is
divided between participants of the EC. The Flemish
Government can further decide on the details of this
agreement.
Ø Rules concerning effective control have to be included in the
statutes of the EC
Ø Flemish Government can further decide upon rules about the
minimum content of the statutes of the EC
Ø Possibility to outsource the management of the EC
65. 3. Proposal of the Flemish
Government
2. Internal Rules of the EC
Ø Current proposal mostly implements literally from EU-
Directives
Ø A lot remains to be decided
Ø Mandate possibility?
Ø Invoicing responsibilities of the EC?
Ø VREG suggests that Flemish Government should provide
good practices on how EC’s can organize themselves
66. 3. Proposal of the Flemish
Government
3. How to define ‘effective control’?
Ø EU-Directives provide that natural persons, local authorities
and SME’s should have ‘effective control’ on both EC’s
Ø EU Directives do not have a strict definition for ‘effective
control’
Ø Important!
CEC: Participation = broad, but ‘effective control’ = limited
REC: Participation = limited to proximity
67. 3. Proposal of the Flemish
Government
3. How to define ‘effective control’?
Ø The proposal of the Flemish Government contains the following
definition:
“Rights, agreements or other means, separately or together, with
regards to all factual or legal circumstances, through which they
can have a decisive influence on the activities of the energy
community:
- ownership rights or user rights on all activa of the energy
community or parts of it
- rights or agreements that guarantee a decisive influence on
the composition, voting or decisions of the bodies of the
energy community”
68. 3. Proposal of the Flemish
Government
4. How to define proximity
Ø Flemish Government chooses to define proximity on the basis
of technical and geographical criteria, which can further be
detailed by the the Flemish Government
Ø Criteria have to be evaluated in the light of goals and
activities of the Renewable Energy Community
Ø Example: possibly a larger scope for wind energy than for
solar energy
69. 3. Proposal of the Flemish
Government
5. Right to manage distribution systems
Ø Current proposal doesn’t allow EC’s to manage distribution
systems
Ø Facilitating role for the DSO, as EC’s have to rely on the
public grid
Ø However, the Flemish Government could allow regulatory
sandboxes for projects that want to experiment with
distribution system
70. 3. Proposal of the Flemish
Government
6. Who is allowed to participate in ‘energysharing’?
Ø Proposal introduces a difference between self-consumption and
energy sharing
Ø Difference between EU-law and Flemish law -> EU law uses
the broader term ‘collective self-consumption’
Ø Energy sharing contains electricity as well as thermal energy
Ø Important -> exemption from supply license for the activity
‘energysharing’
Ø Only certain actors are allowed to engage in the activity
“energysharing”
à Participants of CEC’s and REC’s, Active customers in
the same building
71. 4. Conclusions
1. Positive element = inclusion of heating in the legal
framework
2. Implementation of the definitions of new actors provide
much needed legal certainty
3. Facilitating role for the DSO
BUT -> A lot of issues remain undecided!
1. What will the Flemish Government do to include
vulnerable customers?
2. Facilitating measures?
3. Tariffs?
72. 4. Conclusions
Hilde Derde : hilde.derde@metha.be
Kobe Jackers : kobe.jackers@metha.be
www.metha.be
THANKS FOR YOUR ATTENTION!
74. 2
AGENDA
1. INTRODUCTION
2. SELF CONSUMPTION PRINCIPLES
3. INDIVIDUAL VS COLLECTIVE SELF CONSUMPTION (CSC)
4. LEGAL AND REGULATORY FRAMEWORK OF THE CSC
5. STAKEHOLDERS INVOLVED IN A CSC OPERATION
6. PMO AND CONTRACT FRAMEWORK
7. KEY FIGURES AND USE CASES
8. EVOLUTION AND PERSPECTIVES
Titre de la présentation - Date
75. 3
1. INTRODUCTION
The Green Transition : more than a promise, a reality
Rising social expectations
More renewables, citizen empowerment,
local distribution channel, …
A proactive policy
Energy Transition Law, Energy and Climate
Law, Clean Energy Package, …
Enedis and
the Industrial & Human Project
Streghten our know-how at the service of
the Green Transition
76. 4
2. SELF-CONSUMPTION PRINCIPLES
Titre de la présentation - Date
Whether it is individual or collective,
self-consumption is a growing way
of consuming energy that is locally
produced.
Main added values of
self-consumption
+Savings on the energy bill
+More choice for the final customer
+Green Transition for local authorities
77. 5
3. COLLECTIVE VS INDIVIDUAL SELF CONSUMPTION (CSC)
Individual self-consumption (ISC) Collective self-consumption (CSC)
Network
• The public grid does not see the
energy that is ‘self-consumed’ by the
user, only the surplus is injected into
the public distribution network.
Finance
• No supply nor distribution billing on the self-
consumed part
• Feed-in tariffs and renewable obligation
certificates qualified
1 2
Network
• All the streams, including the
self-consumed ones (from the
local production), pass
through the public grid.
Finance
• Distribution billing on self-consumed and allo-
consumed parts of the bill
• Opportunity to subscribe to a specific distribution tariff
• Not yet qualified to feed-in tariffs and renewable
obligation certificates
PMO
Thanks to an
increasing demand
in local distribution
channel, combined
with a growing rate
of citizens willing to
consume greener
and responsibly,
the collective self-
consumption model
represents a
promising solution
to reach these
expectations.
78. 6
4. LEGISLATION AND REGULATION OF THE CSC
Titre de la présentation - Date
17 August 2015
Loi n°2015-992 relative à la
transition énergétique pour
la croissance verte
14 October 2020
Arrêté élargissant le critère
de proximité géographique
de l’ACC (en zone rurale)
Since 2015, the
French regulatory
framework regarding
the CSC has
regularly evolved.
The last years were
characterised by the
implementation of
significant measures
in order to stimulate
the development of
the CSC in France.
27 July 2016
Ordonnance n°2016-1019
relative à
l’autoconsommation
d’électricité
28 April 2017
Décret n°2017-676 relatif à
l’autoconsommation et
modifiant les articles du
code de l’énergie
8 November 2019
Loi n°2019-1147 relative à
l’énergie et au climat
(ACC, CER, CEC)
21 November 2019
Arrêté fixant le critère de
proximité géographique de
l’ACC (étendu)
Definition of the CSC in
the French Energy Code
First mentions of the
CSC in the Green
Transition Law
From a network to a
geographic limitation
General details regarding
the CSC
2 km between the
furthest participants in a
CSC operation
2021
Ordonnance CER/CEC/HTA ?
20 km between the
furthest participants
(rural exemption)
79. 7
4. LEGISLATION AND REGULATION OF THE CSC
Titre de la présentation - Date
Article L315-2 of the French Energy Code
• The self-consumption operation is collective when the electricity supply is made between one or
several producers and one or several consumers, gathered through a legal person. Injection and
consumption points are located in the same building, including residential properties.
• A collective self-consumption operation can be qualified as ‘extended’ when the electricity supply is
made between one or several producers and one or several consumers, gathered through a legal
person. Injection and consumption points are located on the low voltage network, and must respect
several criteria, especially geographic proximity, set by the Energy minister.
80. 8
4. THE TWO MODELS OF CSC OPERATIONS
Titre de la présentation - Date
Same building Extended area
In a same building
Distribution network (medium
and low voltage)
No power restrictions
2 km max between the furthest participants
Distribution network (low voltage)
3 MW max of aggregated production
Standard Rural exemption
Special exemption delivered by the French
Energy and Climate ministry
20 km between the furthest participants
Provide supporting documents justifying
the isolation of the project and the low
population density of the area
Distribution network (low voltage)
3 MW max of aggregated production
81. 9
5. STAKEHOLDERS INVOLVED IN THE CSC OPERATIONS
Titre de la présentation - Date
PARTICIPANTS PMO ASSISTANCE
DSO LES ACTEURS DE MARCHE
Suppliers
RE
Balance
responsible entity
AS
Surplus
traders
Producers Consumers
Legal person (PMO)
CJ CO BE
Legal
consulting
Operational
consulting
Design
office
82. 10
5. GRID ASPECTS AND LEGAL PERSON (PMO) FEATURES
Titre de la présentation - Date
THE PMO AND ITS LEGAL STRUCTURE
MAIN PREREQUISITES
All of the participants must be gathered through a legal
person, also called PMO.
The PMO does not have a specific and imposed legal
structure. However, a legal balance needs to be found
regarding the status of each entity and their compliance
with the PMO activities.
According to the type of operation, a legal analysis might
be required to define the right legal structure of the
PMO.
The DSO ENEDIS does not provide the stakeholders with
legal advice.
All of the participants must be connected to the public
distribution network (in standard conditions)
All of the participants must be equipped with smart
meters (if not yet rolled-out, Enedis accelerates the
deployment for the participant)
•All consumers must have a contract with a supplier
•All producers must have a contract with a balance
responsible entity
•The PMO must sign a contract with Enedis
83. 11
6. PMO and contract framework
Titre de la présentation - Date
The project is developed through:
The creation of a legal entity, contractually binding
producers (mainly PV) and consumers.
The signature of a collective self-consumption contract
between the legal entity and Enedis.
The collective self-consumption contract sets the
practical details organizing the allocation (static or
dynamic) of the electricity production between
consumers.
84. 12
Caption
6. PMO’S INTERACTIONS WITH ENEDIS
Titre de la présentation - Date
In close relationships with the PMO, Enedis assists the initialisation, the launch and the follow-up of the CSC operation. So as to simplify the
data interactions with the PMO, Enedis improves its IS tools dedicated to the CSC and its interfaces destinated to all types of PMO
In order to facilitate the access to the data of
the CSC operation and ease the data transfers
with the PMO, Enedis has developped a set of
APIs on its portal Enedis-datahub.fr
Lifecycle of a CSC operation : main stages
Initialisation Launch Calculations Data release
Entry/exit participants management
Signature of the contract between
Enedis and the PMO
Application of the distribution keys
of the local production
Accordingly to the billing period,
preparation of data releases
Control of the prerequisites and
initialisation of the participants
Transfer of the distribution keys of
the local production
Once On a regular basis On a regular basis
PMO
Enedis
85. 13
Every 30 minutes, Enedis applies the fraction of the production to
each consumer of the operation, accordingly to the distribution
keys sent by the PMO
100
35
25
40
40 15
50
Enedis measures the
consumption and the production
for all of the participants, every
single 30 minutes.
65
50
90
Supp X Supp X Supp Y
25 %
The PMO sends the distribution keys of the
local production to Enedis. This distribution
must be applied to the customers each 30
minutes.
Liberty of choice of supplier for each customer
(L.331-1 du Code de l’Energie)
The CSC is not an exception to this rule ! Enedis calculates the additional quantity of
electricity that is provided by each supplier in
order to cover the whole consumption of their
clients.
2
1
3
4
Consumption from
the network
Injection into the network
Client 1 PV generator
Example
Finally, each month,
Enedis sends the relevant
data (loads, …) to the
PMO, suppliers, producers
and balance responsible
entities.
7. USE CASE : THE DISTRIBUTION OF PRODUCTION THROUGH THE
CSC OPERATION
Client 2 Client 3
35 % 40 %
5
Each month…..
86. 14
7. INTERACTIONS BETWEEN THE CSC STAKEHOLDERS
Titre de la présentation - Date
PMO
Enedis / Public Distribution Network
Electricity exchanges
Potentially through PPA
Additional/complement electricity
Supply contract
Injection grid access
contract
Comptage GRD
Consumption
grid access contract (also
through supply contract)
CSC Contract between
Enedis and the PMO
Vente du surplus
d’électricité
Surplus
traders
RE
Consumers Producers
87. 15
7. CSC KEY FIGURES (as of January 2021)
Titre de la présentation - Date
41
Active CSC operations
607
Participants
78 producers
529 customers
45
In project CSC operations
Evolution of the aggregated number of CSC operations in service
Despite of the health crisis in 2020, the number of CSC operations have more than doubled compared
with 2019.
The latest regulatory evolutions, with the extension of the geographical perimeter and the opening of
CSC operations to medium voltage, are likely to confirm this trend.
88. 16
7. USE CASES OF CSC OPERATIONS IN FRANCE
Titre de la présentation - Date
Residential
building
Social
housing
Housing
community
Local generation
cooperative
Mixed situation :
residential,
tertiary,
commercial
Tertiary or
Commercial
complex
Enedis’ industrial solution can be adapted to different cases
89. 17
8. HURDLES TO DEVELOPMENT AND EVOLUTION PERSPECTIVES
Titre de la présentation - Date
Foisonnement
• The distance criterion between the furthest participants (=2km) may
be restrictive so as to enroll consumers and producers within the CSC
operation.
• At the moment, medium voltage connected sites are not allowed to
participate in CSC operations.
Finance
• Contrary to Individual self-consumption which benefits from low tax
regimes and subsidies (feed in tariffs, ROC, …), CSC is not yet opened
to these supporting mechanisms.
• Owing to this reason, it is difficult for producers to design their
installations and make it profitable in decent payback periods.
• The surplus selling is also complex to forecast for them (intermittency
of PV generation, …)
Administrative
• Creation of the legal person
• Contractualisation between small producers and balance responsible
entities
Hurdles to development Recent and forthcoming evolutions
Finance
• Negotiation in progress in order to open the surplus production of the
CSC operation to supporting mechanisms
• Implementation of a specific distribution tariff for CSC operations
Foisonnement
• Under specific conditions and exemption in rural area, it is now
possible to participate in operations where the furthest producers and
consumers are separated by 20 km.
• Over the next weeks, a new order will authorise, medium voltage sites
to participate in CSC operations.
The regulatory
framework
regularly evolves
in order to
facilitate to
development of
the CSC in France
and overall the
introduction of
Energy
Communities, at
the instigation of
the European
Commission.
Administrative
• Social landlords are now able to be PMO of CSC operations
90. 18
CSC BY ENEDIS AT A GLANCE
EVERYWHERE IN FRANCE
In close relationships with the PMO, Enedis assists
the initiation, the launch and the follow-up of the CSC
operation.
A reception desk by administrative department for all
kind of question about a CSC project.
A regular monitoring of the active operations thanks
to dedicated and trained points of contact.
THE DSO AS A PILLAR OF THE CSC CERTIFICATION AND DATA EXCHANGES
WITH THE STAKEHOLDERS
• All of the participants are connected to
the public distribution network in
standard conditions, the energy
exchanges are simply virtual and do not
necessitate any specific or direct join.
• A reliable and high quality electricity
supply, even in the absence of local
production.
• All of the participants are equipped with
smart meters.
• If the area is not yet rolled-out, Enedis
accelerates the deployment
planification for the CSC operation.
• All consumers must have a contract
with a supplier
• All producers must have a contract with
a balance responsible entity
• The PMO must sign a contract with
Enedis
Thanks to Enedis’ measures, calculations (self consumption,
supplier complement and surplus production), and data
releases to the main stakeholders of the CSC operation, the
final customers can save money on their energy bill.
So as to simplify the data interactions with the PMO, Enedis
improves its IS tools dedicated to the CSC and its interfaces
destinated to all types of PMO.
91. SMARTENERGY – SIX PACK TRAINING SERIES
REGULATION FOR ENERGY COMMUNITIES IN
ITALY
INITIALAPPROACH AND FUTUREOBJECTIVES
March 2nd, 2021
Avv. Nicola Giampaolo
92. EU REFERANCE
Directive (EU) 2018/2001 of 11 December 2018 on the
promotion of the use of energy from renewable
sources (RED II)
LEGAL – ADMINISTRATIVE –TECHNICAL
GUIDELINES
SHORT-MID-LONG -TERM OBJECTIVES
Avv. Nicola Giampaolo
93. NATIONAL REFERANCE
Art. 42 bis of Legislative Decree n°162 of December
30, 2019 converted and approved by Law n°8/2020
Particular attention to art.21 and 22 of RED II
art. 21) Renewables self-consumers
art. 22) renewable energy communities
Avv. Nicola Giampaolo
94. Art. 42bis D.Lgs n.162/2020 – L. 8/2020
The decree allows the activation and implementation of self-
generation and self-consumption of energy from renewable sources,
individually and collectively, and form energy communities as legally
acknowledged independent entities
The monitoring of the development of these initiatives shall operate as an
experimental phase to collect results and feedback for assessment and
evaluation, in the process of full ratification and implementation of the
EU Directives 2018/2001 (RED II) and 2019/944 on the regulation of
electricity in internal markets
Art. 42bis is valid and applies until 60 days after full ratification takes place
of RED II Directive
Avv. Nicola Giampaolo
95. Art. 42bis D.Lgs n.162/2020 – L. 8/2020
Art. 42bis sets out the conditions on:
- How to create a formal, recognised entity between and including
private persons, SME companies, associations, local councils, in order
to achieve the objective of self-producing and self-consuming, without
overstepping the boundaries of becoming a commercial or industrial
activity;
- How these recognised entities shall operate and on what terms and
conditions they shall function to produce, consume, store and sell
electricity from renewable sources through written sales
agreements and contracts:
1) the energy plant based on renewable sources, shall have a maximum
capacity of 200 KW
- Avv. Nicola Giampaolo
96. Art. 42bis D.Lgs n.162/2020 – L. 8/2020
2) the sharing and distribution of energy is made with the use of
the existing grid
3)The energy is shared for instantaneous consumption or
systems of accumulation built within the entity premises
4)The points of absorption for consumers and the points of
admission for production are connected to the low-tension
grid and transformation cabin
Avv. Nicola Giampaolo
97. Art. 42bis D.Lgs n.162/2020 – L. 8/2020
The end-user consumers:
1) Maintain their rights as end-users including the right to choose
the provider
2)They can recede from the formed entity at any moment on
condition that any financial obligations are settled
3)The relation between entity members is disciplined under a
written contract which indicates the reference person that
represents the entity and acts on behalf of the entity.
Avv. Nicola Giampaolo
98. Art. 42bis D.Lgs n.162/2020 – L. 8/2020
The decree:
- Delegates ARERA the Italian Regulatory Authority for
Energy, Networks and Environment to adopt the technical
provisions and regulations to immediately activate art. 42 bis
and assist communities and local councils in proactive
initiatives to form the energy communities and assigns to
ARERA the monitoring tasks previously mentioned
- Delegates the MISE – Ministry for Economic Development to
issue resolutions and provisions to regulate the management
of financial incentives recognized to the energy communities
formed under these regulations and conditions
Avv. Nicola Giampaolo
99. ARERA RESOLUTION N. 318, August 5th, 2020
The resolution provides for :
- Requirements necessary to form the entities that can benefit for art.
42 bis with significant reduction of administrative obligations,
duties and costs to access formal recognition and application;
- The services to receive and approve applications and manage the
verification of financial incentive rights and its payments is
delegated to the GSE – Gestore Servizio Elettrico, a national
government authority which provides management for national
electricity services system;
- The GSE verifies the requirements and signs a contract with the
entity for formal recognition of the right to operate and to receive
financial incentives according to operating conditions
Avv. Nicola Giampaolo
100. ARERA RESOLUTION N. 318, August 5th, 2020
The resolution provides for :
The reciprocal duties and obligations on the community ( to its
reference person) and the GSE in managing the contract with regards
to :
- Changes in the number of end –users
- Periodic submission of technical information on energy production,
consumption, climate impact, state of condition of renewable
installations, participation at GSE inspections
- The GSE elaborates and assess the technical data received and must
give feedback on line to the community with its results including the
incentives to be paid
- The GSE has periodic obligation to report to ARERA updating
implementation proceedings and results
Avv. Nicola Giampaolo
101. MISE DECREE 16th September 2020
The Ministry of Economic Development establishes the incentives:
The energy produced by each of the renewable energy installations
forming part the configurations of collective self-consumption or of
community renewable energy and that is shared, has right, for a
period of 20 years, to an incentive rate in the form of a tariff
premium of:
a) 100 €/Mwh when production plant is part of a collective self-
consumption configuration;
b) 110 €/Mwh when the plant is part of a renewable energy community
The right to the incentive begins from the date of contract signing with
the GSE Authority.
Avv. Nicola Giampaolo
102. MISE DECREE 16th September 2020 – Monitoring activities
In implementation of monitoring duties, the GSE publishes, every six
months, a report on each of the recognised entities containing the
following information:
a) power of the plants and technologies used;
b) the amount of electricity supplied and shared;
c) the amount of incentive resources provided, separately for each
entity and evidence of the resources allocated to shared and not
shared energy;
d) type of beneficiaries;
e) average times for recognition of the entities, for signing of contracts
and access to incentives;
f) proposals for more effective or efficient measures.
Avv. Nicola Giampaolo
103. Thankyou for your kind attention !!!
e2B Consulting srls
Avv. Nicola Giampaolo
104. E2B Consulting srls
is a services company of professional experts in technical, legal and financial
assistance to support the PublicAdministration or Private Companies, in
energy efficiency projects regarding buildings, public lighting, DHN, energy
communities
E2B Consulting srls and its experts has provided technical assistance services in 6
ELENA projects in Italy: Province of Chieti, Province of Savona, Province of
Bergamo, City of Genova, Ministry of Defence, and Chamber of Commerce of
Foggia
generating over €uro 110 mln in private investments in energy efficiency measures
through the assignment of EPC Energy Performance Contracts based on
guaranteed savings
Website: www.e2bconsulting.eu
Contacts: info@e2bconsulting.eu
Tel: +39085810554 - +393389682682