2023/2199

19.10.2023

COMMISSION IMPLEMENTING DECISION (EU) 2023/2199

of 17 October 2023

granting derogations to certain Member States as regards the provision of statistics pursuant to Regulation (EC) No 1099/2008 of the European Parliament and of the Council on energy statistics

(notified under document C(2023)6856)

(Only the Spanish, German, Greek, French, Dutch, Romanian, Slovak, Finnish and Swedish texts are authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (1), and in particular Articles 5(4) and 10(2) thereof,

Whereas:

(1) Eight Member States have requested to be granted derogations from the transmission of certain national statistics for the development of new methodologies, data surveys, IT systems, and access new data sources, extend the data structures between the federal and regional authorities or between the central, autonomous and local administrations.

(2) The Kingdom of Belgium needs to adapt its federal and national administrative and statistical systems, which will require three years for two statistical sub-domains.

(3) The Federal Republic of Germany needs to access new data sources and develop new statistical models, which will require three years for two statistical sub-domains.

(4) The Hellenic Republic needs to develop new data surveys and IT systems, which will require between two and three years for five statistical sub-domains.

(5) The Kingdom of Spain needs to expand the existing data exchange structures between the central, autonomous and local administrations, as well as to develop new data sources and statistical models, which will require between one and three years for three statistical sub-domains.

(6) The Republic of Cyprus needs to access new data sources and develop new IT systems, which will require between one and three years for three statistical sub-domains.

(7) Romania needs to develop new methodologies, statistical surveys and IT systems, which will require between two and three years for nine statistical sub-domains.

(8) The Slovak Republic needs to develop new methodologies and statistical surveys, which will require between one and three years for three statistical sub-domains.

(9) The Republic of Finland needs to access new data sources and deploy new methodologies, which will require between one and two years for four statistical sub-domains.

(10) The Commission (Eurostat) analysed the justification provided by these Member States for each of their derogation requests and concluded that those derogations should be granted, as the collection of such statistics at this point and without the proposed preparatory actions would lead to an excessive burden on respondents in those Member States.

(11) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden.

(12) The derogations provided for in this Decision are in accordance with the opinion of the European Statistical System Committee, established by Article 7 of Regulation (EC) No 223/2009 of the European Parliament and of the Council (2).

HAS ADOPTED THIS DECISION:

Article 1

The derogations from Regulation (EC) No 1099/2008 set out in the Annex to this Decision shall be granted to the Member States listed therein.

Article 2

This Decision is addressed to the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the Republic of Cyprus, Romania, the Slovak Republic and the Republic of Finland.

Done at Brussels, 17 October 2023.

For the Commission

Paolo GENTILONI

Member of the Commission

(1)

OJ L 304, 14.11.2008, p. 1

(2) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (

OJ L 87, 31.3.2009, p. 164

ANNEX

Derogations from items of the Annexes to Regulation (EC) No 1099/2008, in accordance with Article 1:

Provisions concerned

Items concerned

Member State

Derogation period granted

Content of the derogation granted

Annex B (c)

all energy products

Kingdom of Belgium

3 years

Deadline for transmission of annual statistics data.

Annex B

8.1.3.1

8.1.3.2

8.1.3.3

8.1.3.3.1

8.1.3.3.2

8.1.3.4

8.1.3.5

8.1.3.6

8.1.3.6.1

8.1.3.6.2

8.1.3.7

8.1.3.8

8.1.3.9

8.1.3.10

8.1.3.11

8.1.3.12

8.1.3.12.1

8.1.3.13

8.1.3.13.1

8.1.3.14

8.1.3.15

Final energy consumption – energy products: Oil (crude oil and petroleum products), Renewables and waste, Heat (derived heat)

Kingdom of Belgium

3 years

Transmission of all elements of the detailed final energy consumption in the commercial and public services sector, for the energy products oil (crude oil and petroleum products), renewables and waste, heat (derived heat) of:

—	Repair and installation of machinery and equipment

—	Water supply; sewerage, waste management and remediation activities

—	Wholesale and retail trade; repair of motor vehicles and motorcycles

—	Wholesale trade

—	Retail trade

—	Warehousing and support activities for transportation

—	Postal and courier activities

—	Accommodation and food service activities

—	Accommodation

—	Food service activities

—	Information and communication

—	Financial and insurance activities and real estate activities

—	Administrative and support service activities

—	Public administration and defence; compulsory social security

—

Education

—	Human health and social work activities

—	Hospital activities

—	Arts, entertainment and recreation

—	Sports activities

—	Activities of extra-territorial organisations and bodies

—	Professional, scientific and technical activities and other services

Annex B

3.2.1

Electricity and Heat production

Federal Republic of Germany

3 years

Gross electricity produced in CHP units, the subcategory of which in full CHP-mode

Net heat produced in CHP units, a separate item on auto-consumed heat

Annex B

3.2.11

3.2.11.1

3.2.11.2

3.2.11.3

3.2.11.4

3.2.11.5

Solar PV

Solid, liquid and gaseous biofuels

Other renewables

Natural gas

Other (non-renewables)

Federal Republic of Germany

3 years

Total net production of electricity and the part that is auto-consumed (without splitting between main activity producer and autoproducer) declared separately for households, commercial and public services, energy sector, industry sector and other sectors.

Annex B (c)

For the energy products:

—	Oil (Crude oil and petroleum products)

—	Renewables and Waste

Hellenic Republic

3 years

Deadline for transmission of annual statistics data.

Annex B

3.2.11

3.2.11.1

3.2.11.2

3.2.11.3

3.2.11.4

3.2.11.5

all energy products

Hellenic Republic

3 years

Net production of electricity by sector:

Total net production of electricity that is auto-consumed for households, commercial and public services, energy sector, industry sector and other sectors for each of the following groups of energy products:

—

Solar PV

—	Solid, liquid and gaseous biofuels

—	Other renewables

—	Natural gas

—	Other (non-renewables)

Annex B

3.2.16

3.2.16.1

3.2.16.2

3.2.16.3

3.2.16.4

Electricity

Hellenic Republic

2 years

Batteries connected to the grid and used as storing/balancing element. Only batteries with a storage capacity equal to or above 1 MWh and only exchanges with the grid need to be declared:

—	Storage capacity of batteries

—	Rated power capacity of batteries

—	Electricity injected in the grid from batteries

—	Electricity used from the grid to charge batteries

Annex B

8.1.2.1.2

8.1.2.1.2.1

8.1.2.1.2.2

8.1.2.1.3

8.1.2.2.1

8.1.2.2.2

8.1.2.2.3

8.1.2.2.4

Final energy consumption -Natural Gas

—	Electricity and Heat

—	Oil (Crude oil and petroleum products)

—	Renewables and Waste

Hellenic Republic

2 years for Natural Gas, Electricity and Heat

3 years for Oil (Crude oil and petroleum products), Renewables and Waste

Final energy consumption in the Transport sector, of:

—	High-speed rail

—	Conventional rail

—	Passenger transport by conventional rail

—	Freight transport by conventional rail

—	Metro and tram

—	Heavy-duty vehicles carrying freight

—	Collective transport

—	Cars and vans

—	Other road transport

Annex B

8.1.3.1

8.1.3.2

8.1.3.3

8.1.3.3.1

8.1.3.3.2

8.1.3.4

8.1.3.5

8.1.3.6

8.1.3.6.1

8.1.3.6.2

8.1.3.7

8.1.3.8

8.1.3.9

8.1.3.10

8.1.3.11

8.1.3.12

8.1.3.12.1

8.1.3.13

8.1.3.13.1

8.1.3.14

8.1.3.15

Final energy consumption -Natural Gas

—	Electricity and Heat

—	Oil (Crude oil and petroleum products)

—	Renewables and Waste

Hellenic Republic

3 years

Final energy consumption in the Commercial and public services sector, of:

—	Repair and installation of machinery and equipment

—	Water supply; sewerage, waste management and remediation activities

—	Wholesale and retail trade; repair of motor vehicles and motorcycles

—	Wholesale trade

—	Retail trade

—	Warehousing and support activities for transportation

—	Postal and courier activities

—	Accommodation and food service activities

—	Accommodation

—	Food service activities

—	Information and communication

—	Financial and insurance activities and real estate activities

—	Administrative and support service activities

—	Public administration and defence; compulsory social security

—

Education

—	Human health and social work activities

—	Hospital activities

—	Arts, entertainment and recreation

—	Sports activities

—	Activities of extra-territorial organisations and bodies

—	Professional, scientific and technical activities and other services

Annex B

5.2.1.5.1

5.2.1.5.2

5.2.1.5.3

5.2.10.5.1

5.2.10.5.2

5.2.10.5.3

Gross electricity and heat production from solar photovoltaic (rooftop and off-grid)

Net maximum electrical capacity from Solar photovoltaic (rooftop and off-grid)

Kingdom of Spain

1 year

Gross electricity and heat production from Solar photovoltaic with installed capacities:

—	Less than 30 kW

—	From 30 to 1 000 kW

—	More than 1 000 kW

Net maximum electrical capacity from Solar photovoltaic with installed capacities:

—	Less than 30 kW

—	From 30 to 1 000 kW

—	More than 1 000 kW

Annex B

8.1.2.1.2

8.1.2.1.2.1

8.1.2.1.2.2

8.1.2.1.3

8.1.2.2.1

8.1.2.2.2

8.1.2.2.3

8.1.2.2.4

8.1.3.1

8.1.3.2

8.1.3.3

8.1.3.3.1

8.1.3.3.2

8.1.3.4

8.1.3.5

8.1.3.6

8.1.3.6.1

8.1.3.6.2

8.1.3.7

8.1.3.8

8.1.3.9

8.1.3.10

8.1.3.11

8.1.3.12

8.1.3.12.1

8.1.3.13

8.1.3.13.1

8.1.3.14

8.1.3.15

Final energy consumption – in the Transport sector for Oil (Crude oil and petroleum products)

in the Commercial and public services sector for all energy products

Kingdom of Spain

2 years

Final energy consumption in the transport sector, of:

—	High-speed rail

—	Conventional rail

—	Passenger transport by conventional rail

—	Freight transport by conventional rail

—	Metro and tram

—	Heavy-duty vehicles carrying freight

—	Collective transport

—	Cars and vans

—	Other road transport

Final energy consumption in the commercial and public services sector, of:

—	Repair and installation of machinery and equipment

—	Water supply; sewerage, waste management and remediation activities

—	Wholesale and retail trade; repair of motor vehicles and motorcycles

—	Wholesale trade

—	Retail trade

—	Warehousing and support activities for transportation

—	Postal and courier activities

—	Accommodation and food service activities

—	Accommodation

—	Food service activities

—	Information and communication

—	Financial and insurance activities and real estate activities

—	Administrative and support service activities

—	Public administration and defence; compulsory social security

—

Education

—	Human health and social work activities

—	Hospital activities

—	Arts, entertainment and recreation

—	Sports activities

—	Activities of extra-territorial organisations and bodies

—	Professional, scientific and technical activities and other services

Annex B

5.2.8.3

5.2.8.4

Final energy consumption – all energy products

Kingdom of Spain

3 years

Final energy consumption of:

—	Agriculture

—

Forestry

Annex B

3.2.11

3.2.11.1

3.2.11.2

3.2.11.3

3.2.11.4

3.2.11.5

Solar PV

Solid, liquid and gaseous biofuels

Other renewables

Natural gas

Other (non-renewables)

Republic of Cyprus

1 year

Annex B

5.2.1.5.1

5.2.1.5.2

5.2.1.5.3

Solar photovoltaic

Republic of Cyprus

1 year

Gross electricity and heat production from solar photovoltaic with installed capacities:

—	Less than 30 kW

—	From 30 to 1 000 kW

—	More than 1 000 kW

Annex B

8.1.3.1

8.1.3.2

8.1.3.3

8.1.3.3.1

8.1.3.3.2

8.1.3.4

8.1.3.5

8.1.3.6

8.1.3.6.1

8.1.3.6.2

8.1.3.7

8.1.3.8

8.1.3.9

8.1.3.10

8.1.3.11

8.1.3.12

8.1.3.12.1

8.1.3.13

8.1.3.13.1

8.1.3.14

8.1.3.15

Final energy consumption – all energy products

Republic of Cyprus

3 years

Final energy consumption in the commercial and public services sector, of:

—	Repair and installation of machinery and equipment

—	Water supply; sewerage, waste management and remediation activities

—	Wholesale and retail trade; repair of motor vehicles and motorcycles

—	Wholesale trade

—	Retail trade

—	Warehousing and support activities for transportation

—	Postal and courier activities

—	Accommodation and food service activities

—	Accommodation

—	Food service activities

—	Information and communication

—	Financial and insurance activities and real estate activities

—	Administrative and support service activities

—	Public administration and defence; compulsory social security

—

Education

—	Human health and social work activities

—	Hospital activities

—	Arts, entertainment and recreation

—	Sports activities

—	Activities of extra-territorial organisations and bodies

—	Professional, scientific and technical activities and other services

Annex B

1.2.8.3

1.2.8.4

2.2.8.3

2.2.8.4

3.2.6.3

3.2.6.4

4.2.9.3

4.2.9.4

5.2.8.3

5.2.8.4

Final energy consumption – all energy products

Romania

2 years

Final energy consumption of:

—	Agriculture

—

Forestry

Annex B

2.2.4

2.2.5

3.2.3

3.2.4

Losses

Romania

2 years

Transmission and distribution losses – Electricity and heat, Natural gas

Annex B

8.1.2.1.2

8.1.2.1.2.1

8.1.2.1.2.2

8.1.2.1.3

8.1.2.2.1

8.1.2.2.2

8.1.2.2.3

8.1.2.2.4

8.1.3.1

8.1.3.3.1

8.1.3.3.2

8.1.3.4

8.1.3.5

8.1.3.6.1

8.1.3.6.2

8.1.3.7

8.1.3.8

8.1.3.9

8.1.3.12.1

8.1.3.13

8.1.3.13.1

8.1.3.14

8.1.3.15

Final energy consumption – all energy products

Romania

2 years

Final energy consumption in the transport sector, of:

—	High-speed rail

—	Conventional rail

—	Passenger transport by conventional rail

—	Freight transport by conventional rail

—	Metro and tram

—	Heavy-duty vehicles carrying freight

—	Collective transport

—	Cars and vans

—	Other road transport

Final energy consumption in the commercial and public services sector, of:

—	Repair and installation of machinery and equipment

—	Wholesale trade

—	Retail trade

—	Warehousing and support activities for transportation

—	Postal and courier activities

—	Accommodation

—	Food service activities

—	Information and communication

—	Financial and insurance activities and real estate activities

—	Administrative and support service activities

—	Hospital activities

—	Arts, entertainment and recreation

—	Sports activities

—	Activities of extra-territorial organisations and bodies

—	Professional, scientific and technical activities and other services

Annex B

3.2.1

Gross electricity produced in CHP and Net heat produced in CHP mode

Romania

3 years

Gross electricity produced in CHP units, the subcategory of which in full CHP-mode

Net heat produced in CHP units, a separate item on auto-consumed heat

Annex B

3.2.11

3.2.11.1

3.2.11.2

3.2.11.3

3.2.11.4

3.2.11.5

all energy products

Romania

3 years

—

Solar PV

—	Solid, liquid and gaseous biofuels

—	Other renewables

—	Natural gas

—	Other (non-renewables)

Annex B

3.2.15

Electricity and heat

Romania

3 years

Newly installed and decommissioned electrical capacity

Annex B

3.2.16

3.2.16.1

3.2.16.2

3.2.16.3

3.2.16.4

Electricity

Romania

3 years

Batteries connected to the grid and used as storing/balancing element. Only batteries with a storage capacity equal to or above 1 MWh and only exchanges with the grid need to be declared:

—	Storage capacity of batteries

—	Rated power capacity of batteries

—	Electricity injected in the grid from batteries

—	Electricity used from the grid to charge batteries

Annex B

5.2.1.5.1

5.2.1.5.2

5.2.1.5.3

5.2.10.5.1

5.2.10.5.2

5.2.10.5.3

Gross electricity and heat production from solar photovoltaic (rooftop and off-grid)

Net maximum electrical capacity from Solar photovoltaic (rooftop and off-grid)

Romania

3 years

Gross electricity and heat production from solar photovoltaic with installed capacities:

—	Less than 30 kW

—	From 30 to 1 000 kW

—	More than 1 000 kW

Net maximum electrical capacity from solar photovoltaic with installed capacities:

—	Less than 30 kW

—	From 30 to 1 000 kW

—	More than 1 000 kW

Annex B

5.2.11.12

5.2.11.12.1

5.2.11.12.2

5.2.11.12.3

5.2.11.12.4

5.2.11.12.5

5.2.11.12.6

5.2.11.13

5.2.11.13.1

5.2.11.13.2

5.2.11.14

5.2.11.14.1

5.2.11.14.2

Technical characteristics

Romania

3 years

Thermal capacity of heat pumps: Aerothermal

Thermal capacity of heat pumps: Aerothermal Air-Air

Thermal capacity of heat pumps: Aerothermal Air-Water

Thermal capacity of heat pumps: Aerothermal Air-Air (reversible)

Thermal capacity of heat pumps: Aerothermal Air-Water (reversible)

Thermal capacity of heat pumps: Aerothermal Exhaust Air-Air

Thermal capacity of heat pumps: Aerothermal Exhaust Air-Water

Thermal capacity of heat pumps: Geothermal energy

Thermal capacity of heat pumps: Geothermal energy Ground-Air

Thermal capacity of heat pumps: Geothermal energy Ground-Water

Thermal capacity of heat pumps: Hydrothermal heat

Thermal capacity of heat pumps: Hydrothermal heat Water-Air

Thermal capacity of heat pumps: Hydrothermal heat Water-Water

Annex A

3.5.3.1.1

3.5.3.1.2

Solar PV

(rooftop, off-grid)

Slovak Republic

3 years

Energy produced by solar photovoltaic located on building structures that have another primary purpose than energy production. It also includes BIPV (building integrated PV), where the PV panels are not on the roof, but e.g. attached to the building. Solar PV panels are not be considered rooftop if they are placed on a wide area, on the ground, such as consuming extra space (e.g. agricultural areas).

Energy produced by off-grid solar photovoltaic panels that are disconnected from the grid from the production perspective; the installation cannot inject electricity produced into the grid.

Annex B

3.2.11.1

Solar photovoltaic

Slovak Republic

3 years

Net production of electricity by sector:

Total net production of electricity that is auto-consumed for households, commercial and public services, energy sector, industry sector and other sectors.

Annex B

3.2.1

Gross electricity produced in CHP and Net heat produced in CHP mode

Slovak Republic

1 year

Gross electricity produced in CHP units, the subcategory of which in full CHP-mode

Net heat produced in CHP units, a separate item on auto-consumed heat

Annex B

3.2.11

3.2.11.1

3.2.11.2

3.2.11.3

3.2.11.4

3.2.11.5

all energy products

Republic of Finland

2 years for Solar PV

1 year for Solid, liquid and gaseous biofuels, Other renewables, Natural gas and Other (non-renewables)

Net production of electricity by sector:

—

Solar PV

—	Solid, liquid and gaseous biofuels

—	Other renewables

—	Natural gas

—	Other (non-renewables)

Annex B

5.2.1.5.1

5.2.1.5.2

5.2.1.5.3

Solar photovoltaic

Republic of Finland

2 years

Gross electricity and heat production from solar photovoltaic with installed capacities:

—	Less than 30 kW

—	From 30 to 1 000 kW

—	More than 1 000 kW

Annex B

8.1.2.1.2

8.1.2.1.2.1

8.1.2.1.2.2

8.1.2.2.1

8.1.2.2.2

8.1.2.2.3

8.1.2.2.4

8.1.3.1

8.1.3.2

8.1.3.3

8.1.3.3.1

8.1.3.3.2

8.1.3.4

8.1.3.5

8.1.3.6

8.1.3.6.1

8.1.3.6.2

8.1.3.7

8.1.3.8

8.1.3.9

8.1.3.10

8.1.3.11

8.1.3.12

8.1.3.12.1

8.1.3.13

8.1.3.13.1

8.1.3.14

8.1.3.15

Final energy consumption – all energy products

Republic of Finland

2 years

Final energy consumption in the Transport sector, of:

—	Conventional rail

—	Passenger transport by conventional rail

—	Freight transport by conventional rail

—	Heavy-duty vehicles carrying freight

—	Collective transport

—	Cars and vans

—	Other road transport

Final energy consumption in the commercial and public services sector, of:

—	Repair and installation of machinery and equipment

—	Water supply; sewerage, waste management and remediation activities

—	Wholesale and retail trade; repair of motor vehicles and motorcycles

—	Wholesale trade

—	Retail trade

—	Warehousing and support activities for transportation

—	Postal and courier activities

—	Accommodation and food service activities

—	Accommodation

—	Food service activities

—	Information and communication

—	Financial and insurance activities and real estate activities

—	Administrative and support service activities

—	Public administration and defence; compulsory social security

—

Education

—	Human health and social work activities

—	Hospital activities

—	Arts, entertainment and recreation

—	Sports activities

—	Activities of extra-territorial organisations and bodies

—	Professional, scientific and technical activities and other services

Annex B (c)

all energy products

Republic of Finland

2 years

Deadline for transmission of annual statistics data.

ELI: http://data.europa.eu/eli/dec_impl/2023/2199/oj

ISSN 1977-0677 (electronic edition)