Commission Implementing Decision (EU) 2023/2199of 17 October 2023granting 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)

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 OJ L 304, 14.11.2008, p. 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 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). . 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

Annex

ANNEX Derogations from items of the Annexes to Regulation (EC) No 1099/2008, in accordance with Article 1: Provisions concernedItems concernedMember StateDerogation period grantedContent of the derogation grantedAnnex B (c)all energy productsKingdom of Belgium3 yearsDeadline 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 Belgium3 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 productionFederal Republic of Germany3 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 Germany3 yearsTotal 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 Republic3 yearsDeadline 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 productsHellenic Republic3 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 ElectricityHellenic Republic2 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 Republic3 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 Spain1 year Gross electricity and heat production from Solar photovoltaic with installed capacities: Less than 30 kW From 30 to 1000 kW More than 1000 kW Net maximum electrical capacity from Solar photovoltaic with installed capacities: Less than 30 kW From 30 to 1000 kW More than 1000 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 Spain2 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 productsKingdom of Spain3 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 Cyprus1 yearTotal 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 5.2.1.5.1 5.2.1.5.2 5.2.1.5.3 Solar photovoltaicRepublic of Cyprus1 year Gross electricity and heat production from solar photovoltaic with installed capacities: Less than 30 kW From 30 to 1000 kW More than 1000 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 productsRepublic of Cyprus3 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 productsRomania2 years Final energy consumption of: Agriculture Forestry Annex B 2.2.4 2.2.5 3.2.3 3.2.4 LossesRomania2 yearsTransmission 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 productsRomania2 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 modeRomania3 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 productsRomania3 years 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 3.2.15 Electricity and heatRomania3 yearsNewly 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 ElectricityRomania3 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) Romania3 years Gross electricity and heat production from solar photovoltaic with installed capacities: Less than 30 kW From 30 to 1000 kW More than 1000 kW Net maximum electrical capacity from solar photovoltaic with installed capacities: Less than 30 kW From 30 to 1000 kW More than 1000 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 characteristicsRomania3 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 Republic3 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 photovoltaicSlovak Republic3 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 modeSlovak Republic1 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 productsRepublic 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: 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 5.2.1.5.1 5.2.1.5.2 5.2.1.5.3 Solar photovoltaicRepublic of Finland2 years Gross electricity and heat production from solar photovoltaic with installed capacities: Less than 30 kW From 30 to 1000 kW More than 1000 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 productsRepublic of Finland2 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 productsRepublic of Finland2 yearsDeadline for transmission of annual statistics data.