Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (Text with EEA relevance)

Article 1

Subject matter and scope

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a) ‘Community statistics’ mean Community statistics as defined in the first indent of Article 2 of Regulation (EC) No 322/97;

(b) ‘production of statistics’ means production of statistics as defined in the second indent of Article 2 of Regulation (EC) No 322/97;

(c) ‘Commission (Eurostat)’ means the Community authority as defined in the fourth indent of Article 2 of Regulation (EC) No 322/97;

(d) ‘energy products’ mean combustible fuels, heat, renewable energy, electricity, or any other form of energy;

(e) ‘aggregates’ mean data aggregated at national level on the treatment or use of energy products, namely production, trade, stocks, transformation, consumption, and structural characteristics of the energy system such as installed capacities for electricity generation or production capacities for oil products;

(f) ‘quality of data’ means the following aspects of statistical quality: relevance, accuracy, timeliness and punctuality, accessibility and clarity, comparability, coherence and completeness.

Article 3

Data sources

While applying the principles of maintaining a reduced burden on respondents and of administrative simplification, Member States shall compile data concerning energy products and their aggregates in the Community from the following sources:

(a) specific statistical surveys addressed to the primary and transformed energy producers and traders, distributors and transporters, importers and exporters of energy products;

(b) other statistical surveys addressed to final energy users in the sectors of manufacturing industry, transport, and other sectors, including households;

(c) other statistical estimation procedures or other sources, including administrative sources, such as regulators of the electricity and gas markets.

Article 4

Aggregates, energy products and the transmission frequency of national statistics

The national statistics to be reported shall be as set out in the Annexes. They shall be transmitted with the following frequencies:

(a) annual, for the energy statistics in Annex B;

(b) monthly, for the energy statistics in Annex C;

(c) short-term monthly, for the energy statistics in Annex D.

Article 5

Transmission and dissemination

Article 6

Quality assessment and reports

For the purposes of this Regulation, the following quality assessment dimensions shall apply to the data to be transmitted:

(a) ‘relevance’ shall refer to the degree to which statistics meet current and potential needs of the users;

(b) ‘accuracy’ shall refer to the closeness of estimates to the unknown true values;

(c) ‘timeliness’ shall refer to the delay between the availability of the information and the event or phenomenon it describes;

(d) ‘punctuality’ shall refer to the delay between the date of the release of the data and the target date when it should have been delivered;

(e) ‘accessibility’ and ‘clarity’ shall refer to the conditions and modalities by which users can obtain, use and interpret data;

(f) ‘comparability’ shall refer to the measurement of the impact of differences in applied statistical concepts and measurement tools and procedures where statistics are compared between geographical areas, sectoral domains or over time;

(g) ‘coherence’ shall refer to the adequacy of the data to be reliably combined in different ways and for various uses.

Article 7

Time reference and frequency

Member States shall compile all data specified in this Regulation from the beginning of the calendar year following the adoption of this Regulation, and shall transmit them from then onwards with the frequencies laid down in Article 4(1).

Article 8

Annual nuclear statistics

The Commission (Eurostat) shall, in cooperation with the nuclear energy sector in the EU, define a set of annual nuclear statistics which shall be reported and disseminated from 2009 onwards, that year being the first reported period, without prejudice to confidentiality, where it is necessary, and avoiding any duplication of data collection, while at the same time keeping production costs low and the reporting burden reasonable.

The set of annual nuclear statistics shall be established and may be modified in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).

Article 9

Renewable energy statistics and final energy consumption statistics

With a view to improving the quality of renewable energy and final energy consumption statistics, the Commission (Eurostat), in collaboration with the Member States, shall make sure that these statistics are comparable, transparent, detailed and flexible by:

(a) reviewing the methodology used to generate renewable energy statistics in order to make available additional, pertinent, detailed statistics on each renewable energy source, annually and in a cost-effective manner. The Commission (Eurostat) shall present and disseminate the statistics generated from 2010 (reference year) onwards;

(b) reviewing and determining the methodology used at national and Community level to generate final energy consumption statistics (sources, variables, quality, costs) based on the current situation, existing studies and feasibility pilot studies, as well as cost-benefit analyses yet to be conducted, and evaluating the findings of the pilot studies and cost-benefit analyses with a view to establishing breakdown keys for final energies by sector and main energy uses and gradually integrating the resulting elements into the statistics from 2012 (reference year) onwards.

Article 10

Implementing measures

The following measures necessary for implementation of this Regulation, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(2):

(a) modifications to the list of data sources (Article 3(3));

(b) modifications to the national statistics and to the applicable clarifications or definitions (Article 4(3));

(c) modifications to the transmission arrangements (Article 5(3));

(d) establishment of and modifications to the annual nuclear statistics (Article 8(2));

(e) modifications to the renewable energy statistics (Article 9(2));

(f) establishment of and modifications to the final energy consumption statistics (Article 9(3)).

Article 11

Committee

Where reference is made to this paragraph Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.

Article 12

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX A

This annex provides explanations, geographical notes and definitions of terms that are used in the other annexes, unless specified differently in these annexes.

1. GEOGRAPHICAL NOTES

For statistical reporting purposes only, the following geographical definitions apply:

— Australia excludes its external territories,

— Denmark excludes the Faeroe Islands and Greenland,

— France includes Monaco and the French overseas departments of Guadeloupe, Martinique, Guyane, Reunion and Mayotte,

— Italy includes San Marino and the Vatican (Holy See),

— Japan includes Okinawa,

— Portugal includes the Açores and Madeira,

— Spain includes the Canary Islands, the Balearic Islands, and Ceuta and Melilla,

— Switzerland does not include Liechtenstein,

— United States includes the 50 states, the District of Columbia, the US Virgin Islands, Puerto Rico and Guam.

2. AGGREGATES

Producers of electricity and heat are classified according to the purpose of production:

— main activity producers are privately- or publicly owned producers that generate electricity and/or heat for sale to third parties as their principal activity,

— autoproducers are privately- or publicly owned producers that generate electricity and/or heat wholly or partly for their own use as an activity which supports their primary activity. Note:the Commission may further clarify the terminology by adding relevant NACE (²) references in accordance with the regulatory procedure with scrutiny referred to in Article 11(2), after a revision of the NACE classification has entered into force.

2.1.   Supply

Quantities of fuels extracted or produced are calculated after any operation that removes inert matter. Production includes the quantities consumed by the producer during the production process (e.g. for heating or operation of equipment and auxiliaries), as well as supplies to other producers of energy for transformation or other uses.

‘Indigenous production’ means production from resources within a specific territory – national territory of the reporting country.

Applies to hard coal only. Slurries and waste-heap shale recovered by mines.

Quantities of fuels whose production is covered in other fuel reporting, but which are mixed with other fuels and consumed as a mix. Further details of this component are to be provided as:

— Receipts from other sources: Coal

— Receipts from other sources: Oil and petroleum products

— Receipts from other sources: Natural gas

— Receipts from other sources: Renewables

— Receipts from other sources: Hydrogen

Unless otherwise specified, ‘imports’ refer to ultimate origin (the country in which the energy product was produced) for use in the country and ‘exports’ refer to the ultimate country of consumption of the produced energy product. Amounts are considered as imported or exported when they have crossed the political boundaries of the country, whether customs clearance has taken place or not.

If no origin or destination can be specified, ‘Non-specified/Other’ may be used.

Quantities of fuels delivered to ships of all flags that are engaged in international navigation. The international navigation may take place at sea, on inland lakes and waterways, and in coastal waters. The following are excluded:

— consumption by ships engaged in domestic navigation; the domestic/international split should be determined based on port of departure and port of arrival, and not by the flag or nationality of the ship;

— consumption by fishing vessels;

— consumption by military forces.

Quantities of fuels delivered to aircrafts for international aviation. The domestic/international split should be determined based on departure and landing locations and not on the nationality of the airline. Excludes fuels used by airlines for their road vehicles (to be reported in ‘Not elsewhere specified – Transport’) and military use of aviation fuels (to be reported in ‘Not elsewhere specified – Other’).

The difference between the opening stock level and closing stock level for stocks held on national territory. Unless otherwise specified, a stock build is shown as a negative number and a stock draw is shown as a positive number.

All stocks on national territory, including stocks held by governments, by major consumers or by stockholding organisations, stocks held on board incoming ocean vessels, stocks held in bonded areas and stocks held for others, whether under bilateral government agreement or not. Opening and closing refers to the first and last day of the reporting period, respectively. Stock includes stocks held in all types of special storage facilities, either on the surface or underground.

Oil (Crude oil and petroleum products) used directly without being processed in petroleum refineries. Includes crude oil burned for electricity generation.

Includes quantities of indigenous or imported crude oil (including condensate) and indigenous NGL (³) used directly without being processed in a petroleum refinery, and quantities of backflows from the petrochemical industry which, although not primary fuel, are used directly.

Production of finished products at a refinery or blending plant. Excludes refinery losses, but includes refinery fuel.

Finished products that pass through the marketing network a second time, after having been delivered to final consumers (e.g. used lubricants which are reprocessed). These quantities should be distinguished from petrochemical backflows.

Finished or semi-finished products which are returned from final consumers to refineries for processing, blending or sale. They are usually by-products of petrochemical manufacturing.

Quantities reclassified either because their specification has changed or because they are blended into another product. A negative entry for one product is compensated by a positive entry (or several entries) for one or several products and vice versa; the total net effect should be zero.

Imported petroleum products which are reclassified as feedstocks for further processing in the refinery, without delivery to final consumers.

Calculated value, defined as difference between calculation from the supply perspective (top-down approach) and the calculation from the consumption perspective (bottom-up approach). Any major statistical differences should be explained by reporting countries.

2.2.   Transformation sector

In the transformation sector, only quantities of fuels that were transformed into other fuels should be reported. Quantities of fuels used for heating, operation of equipment and as general support for transformation should be declared in the energy sector.

Quantities of fuels used by main activity producers to produce electricity in electricity-only units/plants.

Quantities of fuels used by main activity producers to produce electricity and/or heat in CHP units.

Quantities of fuels used by main activity producers to produce heat in heat-only units/plants.

Quantities of fuels used by autoproducers to produce electricity in electricity-only units/plants.

All quantities of fuels used by autoproducers to produce electricity and the proportional part of fuels used to produce heat sold in CHP units. The proportional part of fuels used to produce heat that was not sold (auto-consumed heat) is to be reported in the relevant sector of final energy consumption based on NACE classification. Heat not sold but delivered to other entities under non-financial agreements or to entities with different ownership should be reported based on the same principle as heat sold.

The proportional part of fuels used to produce heat sold in heat-only units/plants by autoproducers. The proportional part of fuels used to produce heat that was not sold (auto-consumed heat) is to be reported in the relevant sector of final energy consumption based on NACE classification. Heat not sold but delivered to other entities under non-financial agreements or to entities with different ownership should be reported based on the same principle as heat sold.

Quantities of fuels used in patent fuel plants to produce patent fuel.

Quantities of fuels used in coke ovens to produce coke oven coke and coke oven gas.

Quantities of fuels used to produce brown coal briquettes (BKB) in BKB plants and quantities of fuels used in peat briquette plants to produce peat briquettes (PB).

Quantities of fuels used to produce gas work gas in gas works and in coal gasification plants.

Quantities of fuels entering the blast furnace vessel, whether through the top along with the iron ore, or through the tuyeres in the bottom along with the heated blast air.

Quantities of fuel used to produce synthetic oil.

Quantities of gaseous fuels converted to liquid fuels.

Quantities of solid biofuels converted to charcoal.

Quantities of fuels used to produce petroleum products.

Quantities of gases blended with natural gas into the gas grid (gas network).

Quantities of liquid biofuels blended with their fossil counterparts. Quantities of hydrogen blended in the fuels.

Quantities of fuels used to produce hydrogen

Quantities of fuels used for transformation activities not included elsewhere. If used, what is included under this heading should be explained in the report.

2.3.   Energy sector

Quantities consumed by the energy industry to support extraction (mining, oil and gas production) or plant operations related to transformation activities. This corresponds to NACE Divisions 05, 06, 19 and 35, NACE Group 09.1 and NACE classes 07.21 and 08.92.

Excludes quantities of fuels transformed into another energy form (which should be reported under the transformation sector) or used to support the operation of oil, gas and coal slurry pipelines (which should be reported in the transport sector).

Quantities of fuels consumed as energy for support operations at plants with electricity-only, heat-only and CHP units.

Quantities of fuels consumed as energy to support the extraction and preparation of coal within the coal mining industry. Coal burned in pithead power stations should be reported in the transformation sector.

Quantities of fuels consumed as energy for support operations at patent fuel plants.

Quantities of fuels consumed as energy for support operations in coke ovens (coking plants).

Quantities of fuels used as energy for support operations in BKP/PB plants (briquetting plants).

Quantities of fuels consumed as energy for support operations at gas works and coal gasification plants.

Quantities of fuels consumed as energy for support operations at blast furnaces.

Quantities of fuels consumed as energy for support operations at coal liquefaction plants.

Quantities of fuels consumed as energy for support operations in natural gas liquefaction and regasification plants.

Quantities of fuels consumed as energy for support operations in biogas gasification plants.

Quantities of fuels consumed as energy for support operations in gas-to-liquid conversion plants.

Quantities of fuels consumed as energy for support operations in charcoal production plants.

Quantities of fuels consumed as energy for support operations at petroleum refineries.

Quantities of fuels consumed as energy for support operations of nuclear industry (mining, processing, reprocessing of nuclear materials for atomic fission and fusion) and including treatment, disposal and storage of radioactive nuclear waste.

Quantities of fuels consumed in oil and natural gas extraction facilities. Excludes pipeline losses (to be reported as distribution losses) and energy quantities used to operate pipelines (to be reported in the transport sector).

Quantities of fuels consumed as energy in support of the production, liquefaction and gasification of hydrogen.