Access to solar rights

Subject: Access to solar rights

Since 2009, support for renewable electricity in the EU Member States has been governed by the Renewable Energy Directive, which tasks them with reaching a certain percentage of renewable energy by 2020. This has resulted in an increase in solar energy systems and private investments in photovoltaic cells and solar water heaters on rooftops. Unfortunately, the increase in the number of tenements and high-rise buildings is reducing the amount of sunlight captured by solar energy systems and making private investments less viable. This development could lead to solar energy systems becoming inefficient and economically unsustainable.

Is the Commission aware of the new obstacles to solar rights and investments in different Member States, such as access to light, construction and urban development, and tenements?

What steps is it planning to take to address those restrictions, protect private investments and the solar rights of EU citizens, and encourage the use of solar energy systems?

How is it guaranteeing that consumers and homeowners who invest in photovoltaic systems are protected and that solar rights are enjoyed by all?

Answer given by Mr Arias Cañete on behalf of the European Commission (7 November 2019)

Urban planning and/or building permissions fall under the Member States competence and responsibility. The revised Energy Performance of Buildings Directive (EPBD II) 2018/844 in its Article 8 (1) advises Member States to ‘consider the need for coherent policies for buildings, soft and green mobility and urban planning’.

In the time of transposition of the new elements of the EPBD II, the Member States have the opportunity to include certain criteria trying to prevent the abovementioned obstacles.

In December 2018, the recast Renewable Energy Directive (REDII) 2018/2001 (2) entered into force, establishing a new binding renewable energy target for the EU for 2030 of at least 32% renewable energy (including solar) in final energy consumption. Both Directives are part of the Clean Energy for all Europeans package, aimed at establishing a new stable legislative framework to underpin the energy transition.

Solar photovoltaic is a mainstream technology at the centre of EU’s energy transition helping to reach renewable energy targets for both 2020 and 2030. RED II covers other very important key objectives such as predictability and stability for investments (Articles 4, 5 and 6), providing long-term certainty for investors and ensuring a cost-efficient deployment of renewable energy sources in the EU.

The Commission is supporting the Member States in the EPBD II and RED II transposition and implementation, including in the context of the National Energy and Climate Plans, and in this context remains available to them for further clarifications.

⋅1∙ https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018L0844&from=EN

⋅2∙ https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018L2001&from=EN