45 Amendments of Nils TORVALDS related to 2016/0382(COD)
Amendment 108 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) A target of 35% for the overall share of energy from renewable energy sources together with a target of at least 10% for energy from renewable sources in transport would be appropriate and achievable objectives. The main purpose of mandatory national targets is to provide certainty for investors and to encourage continuous development of technologies which generate energy from all types of renewable sources. A framework that includes mandatory targets should provide the business community with the long term stability it needs to make investments in the renewable energy sector which are essential for reducing dependence on fossil fuels and boosting the development and use of new energy technologies.
Amendment 109 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) It is thus appropriate to establish a Union binding target of at least 35% share of renewable energy by 2030, to be implemented by means of binding national targets taking into account the situation and potential of each Member State, and at least a 10% share of energy from renewable sources in transport. Member States should define their contribution to the achievement of this target as part of their Integrated National Energy and Climate Plans through the governance process set out in Regulation [Governance].
Amendment 110 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The establishment of a Union binding renewable energy target for 2030, to be implemented by means of binding national targets taking into account the situation and potential of each Member State, would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors and enable Member States to meet their greenhouse gas reduction targets in the most cost-effective manner in accordance with their specific circumstances, energy mixes and capacities to produce renewable energy.
Amendment 111 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) The renewable energy potential and the energy mix of each Member State vary. It is therefore necessary to translate the Union binding target of at least 35% share of energy from renewable sources by 2030 into individual targets for each Member State, with due regard to a fair and adequate allocation taking account of Member States' different capacities and potentials, including the existing level of energy from renewable sources and the energy mix.
Amendment 112 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) By contrast, it is appropriate for the at least 10% target for energy from renewable sources in transport to be set at the same level for each Member State in order to ensure consistency in transport fuel specifications and availability.
Amendment 117 #
Proposal for a directive
Recital 10
Recital 10
(10) Member States should take additional measures in the event that the share of renewables at the Union level does not meet the Union trajectory towards the at least 2735% renewable energy target. As set out in Regulation [Governance], if an ambition gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Plans, the Commission may take measures at Union level in order to ensure the achievement of the target. If a delivery gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Progress Reports, Member States should apply the measures set out in Regulation [Governance], which are giving them enough flexibility to choose.
Amendment 151 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure that Annex IX takes into account the principles of the circular economy, the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council17, the Union sustainability criteria, a lifecycle assessment of emissions and the need to ensure that the Annex does not create additional demand for land while promoting the use of wastes and residues, the Commission, when should regularly evaluatinge the Annex, shoul and consider the inclusion of additional feedstocks that do not cause significant distortive effects on markets for (by-)products, wastes or residues in any amendment of it. __________________ 17 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 172 #
Proposal for a directive
Recital 57
Recital 57
(57) Several Member States have implemented measures in the heating and cooling sector to reach their 2020 renewable energy target. However, in the absence of binding national targets post- 2020, the remaining national incentives may not be sufficientIn order to be in line with and in order to reach the long- term decarbonisation goals for 2030 and 2050. In order to be in line with such goals, reinforce investor certainty and foster the development of a Union-wide renewable heating and cooling market, while respecting the energy efficiency first principle, it is appropriate to encourage the effort of Member States in the supply of renewable heating and cooling to contribute to the progressive increase of the share of renewable energy. Given the fragmented nature of some heating and cooling markets, it is of utmost importance to ensure flexibility in designing such an effort. It is also important to ensure that a potential uptake of renewable heating and cooling does not have detrimental environmental side-effects.
Amendment 183 #
Proposal for a directive
Recital 62
Recital 62
(62) The European Strategy for a low- carbon mobility of July 2016 pointed out that food-based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels. To prepare for the transition towardsovide certainty for investors, to foster the greater uptake of advanced biofuels and minimise the overall indirect land-use change impacts and in line with the conditions set out in the State aid Guidelines, it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the Union targets set out in this Directive.
Amendment 198 #
Proposal for a directive
Recital 63 a (new)
Recital 63 a (new)
(63a) The Union and Member States should aim to increase the mix of energy from renewable sources, reduce the total consumption of energy in transport and increase energy efficiency in all transport sectors. Measures to do this could be promoted both in transport planning, as well as in the production of cars with higher energy efficiency.
Amendment 199 #
Proposal for a directive
Recital 63 b (new)
Recital 63 b (new)
(63b) Fuel efficiency standards for road transport would provide an effective way of promoting the uptake of renewable alternatives in the transport sector and of achieving further greenhouse gas emission savings and decarbonisation of the transport sector in the long run. Fuel efficiency standards should be advanced in line with developments in technology and climate and energy targets.
Amendment 202 #
Proposal for a directive
Recital 64
Recital 64
(64) Advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, and, increasingly, renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost- effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports, which will strengthen the Union's energy independence. The incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels and make determined efforts to deal with a possible negative impact on biodiversity, air, soil and water quality.
Amendment 213 #
Proposal for a directive
Recital 65
Recital 65
(65) The promotion of low carbon fossil fuels that are produced from fossilgaseous waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation. It iswould therefore be appropriate to include those fuels in the incorporation obligation on fuel suppliersdevelop a methodology on their possible contribution towards the aims of this Directive and the Union decarbonisation policy objectives at large.
Amendment 220 #
Proposal for a directive
Recital 65 a (new)
Recital 65 a (new)
(65a) In order to more accurately account for the share of renewable electricity in transport, a suitable methodology should be developed and different technical and technological solutions for this purpose should be explored.
Amendment 222 #
Proposal for a directive
Recital 66
Recital 66
(66) Feedstocks which have low indirect land use change impacts when used for biofuels, should be promoted for their contribution to the decarbonisation of the economy. Especially feedstocks for advanced biofuels, for which technology is more innovative and less mature and therefore needs a higher level of support, should be included in an annex to this Directive. In order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects, an evaluation should take place after the adoption of the Directive in order to assess the possibility to extend the annex to new feedstocks regular evaluation of it should take place.
Amendment 231 #
Proposal for a directive
Recital 68
Recital 68
(68) In order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy, the Union and the Member States should promote greater sustainable mobilisation of existing timber and agricultural resources and the development of newsustainable forestry and agriculture production systems.
Amendment 235 #
Proposal for a directive
Recital 69
Recital 69
(69) Biofuels, bioliquids and biomass fuelsRenewable energy should always be produced in a sustainable manner. Biofuels, bioliquids and biomass fuels used for compliance with the Union targets laid down in this Directive, and those forms of renewable energy which benefit from support schemes, should therefore be required to fulfil sustainability and greenhouse gas emissions savings criteria.
Amendment 256 #
Proposal for a directive
Recital 76
Recital 76
(76) To ensure that, despite the growing demand for forest biomass, harvesting is carried out in a sustainable manner in forests where regeneration is ensured, that special attention is given to areas explicitly designated for the protection of biodiversity, landscapes and specific natural elements, that biodiversity resources are preserved and that carbon stocks are tracked, woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as Forest Europe and are implemented through national laws or the best management practices at the forest holdingsupply base level. Operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy. To that end, operators should put in place a risk- based approach. In this context, it is apporopriate for the Commission to develop operational guidance on the verification of compliance with the risk based approach, following the consultation of the Energy Union Governance Committee, and the Standing Forestry Committee established by Council Decision 89/367/EEC24. __________________ 24 Council Decision 89/367/EEC of 29 May 1989 setting up a Standing Forestry Committee (OJ L 165, 15.6.1989, p. 14).
Amendment 285 #
Proposal for a directive
Recital 101
Recital 101
(101) Since the objectives of this Directive, namely to achieve at least 2735% share of energy from renewable sources in the Union's gross final consumption of energy and at least a 10% share of energy from renewable sources in each Member State's transport energy consumption by 2030, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 289 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes a common framework for the promotion of energy from renewable sources. It sets a binding Union target to be distributed as binding mandatory national targets for the overall share of energy from renewable sources in gross final consumption of energy in 2030 and for the share of energy from renewable sources in transport. It also lays down rules on financial support to electricity produced from renewable sources, self-consumption of renewable electricity, and renewable energy use in the heating and cooling and transport sectors, regional cooperation between Member States and with third countries, guarantees of origin, administrative procedures and information and training. It establishes sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels.
Amendment 342 #
Proposal for a directive
Article 2 – paragraph 2 – point f f
Article 2 – paragraph 2 – point f f
Amendment 357 #
Proposal for a directive
Article 2 – paragraph 2 – point j j
Article 2 – paragraph 2 – point j j
(jj) ‘harvesting permit’ means an official document giving the right legal permit or similar right under national and/or regional legislation to harvest the forest biomass;
Amendment 361 #
Proposal for a directive
Article 2 – paragraph 2 – point m m
Article 2 – paragraph 2 – point m m
Amendment 365 #
Proposal for a directive
Article 2 – paragraph 2 – point m m
Article 2 – paragraph 2 – point m m
(mm) ‘forest holding’ means one or more parcels of forest and other wooded land which constitute a single unit from the point of view of management or utilisationsupply base’ means a clearly outlined area of sourcing from which an operator acquires its biomass feedstock;
Amendment 369 #
Proposal for a directive
Article 2 – paragraph 2 – point n n
Article 2 – paragraph 2 – point n n
(nn) ‘biowaste’ means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises, and comparable waste from the food processing industrywaste as defined in Article 3(1) of Directive 2008/98/EC;
Amendment 471 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not to remove them. Each delegated act shall be based on an analysis of the latest scientific and technical progress, taking due account of the principles of the circular economy, the waste hierarchy established in Directive 2008/98/EC, in compliance with the Union sustainability criteria, supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues, while avoiding significant distortive effects on markets for (by-)products, wastes or residues, delivering substantial greenhouse gas emission savings compared to fossil fuels based on a lifecycle assessment of emissions, and not creating risk of negative impacts on the environment and biodiversity.
Amendment 481 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
Every 2 years, the Commission shall carry out an evaluation of the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, in line with the principles set out in this paragraph. The first evaluation shall be carried out no later than 6 months after [date of entry into force of this Directive]. If appropriate, the Commission shall adopt delegated acts to amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not to remove them. Biofuels made from feedstocks that have been determined by competent national authorities to be waste, residues or other material for the production of advanced biofuels and that are used in existing installations on [the date of entry into force of this Directive], may, for the installations concerned, continue to be counted towards the national target until 2030.
Amendment 485 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. When setting policies for the promotion of production of the production of fuels from feedstocks listed in Annex IX, Member States shall ensure that the waste hierarchy as established in Article 4 of Directive 2008/98/EC is complied with, including its provisions regarding life cycle thinking on the overall impacts of the generation and management of different waste streams.
Amendment 562 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
1. With effect from 1 January 2021, Member States shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, from renewable liquid and gaseous transport fuels of non-biological origin, from waste-based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year.
Amendment 585 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 3
Article 25 – paragraph 1 – subparagraph 3
The greenhouse gas emission savings from the use of advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IXll fuels in the transport sector shall be at least 70% as of 1 January 2021.
Amendment 596 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point a
Article 25 – paragraph 1 – subparagraph 4 – point a
(a) for the calculation of the denominator, that is the energy content of road and rail transport fuels supplied for consumption or use on the market, petrol, diesel, natural gas, biofuels, biogas, renewable liquid and gaseous transport fuels of non-biological origin, waste-based fossil fuels and electricity, shall be taken into account;
Amendment 605 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – subparagraph 1
Article 25 – paragraph 1 – subparagraph 4 – point b – subparagraph 1
(b) for the calculation of the numerator, the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non-biological origin, waste based fossil fuels supplied to all transport sectors, and renewable electricity supplied to road vehicles, shall be taken into account.
Amendment 635 #
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
3. To determine the share of renewable electricity for the purposes of paragraph 1 either the average share of electricity from renewable energy sources in the Union or, the share of electricity from renewable energy sources in the Member State where the electricity is supplied, as measured two years before the year in question, may be used. In both cases, an equivalent amount of guarantees of origin issued in accordance with Article 19 shall be cancelledf a supplier chooses to supply fully renewable electricity to the transport sector, the additionality of the renewable electricity needs to be shown. In both cases, an equivalent amount of guarantees of origin issued in accordance with Article 19 shall be cancelled. The Commission shall, by 2022, develop a suitable methodology for the purpose of accurately accounting renewable electricity in road and rail transport.
Amendment 669 #
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to further specify the methodology referred to in paragraph 3(b) of this Article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process, to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non-biological origin and waste-based fossil fuelfossil fuels produced from gaseous waste streams and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this Article.
Amendment 683 #
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Article 25 a Member States shall collectively ensure that the share of energy from renewable sources in the Union's gross final consumption of energy in 2030 is at least 35%. Each Member State shall ensure that the share of energy from renewable sources in all forms of transport in 2030 is at least 10% of the final consumption of energy in transport. Member States respective contributions to these targets shall be set and notified to the Commission as part of their Integrated National Energy and Climate Plans in accordance with Articles 3 to 5 and Articles 9 to 11 of Regulation [Governance].
Amendment 685 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 1 – introductory part
Article 26 – paragraph 1 – subparagraph 1 – introductory part
1. Energy from biofuels, bioliquids and biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of this paragraph only in line with the conditions set out in State Aid Guidelines and only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 and the greenhouse gas emissions saving criteria set out in paragraph 7:
Amendment 712 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 4
Article 26 – paragraph 1 – subparagraph 4
The sustainability criteria set out in paragraphs 2 to 6 and the greenhouse gas emissions saving criteria set out in paragraph 7 shall apply irrespectively of the geographical origin of the biomass, whether inside or outside of the Union.
Amendment 735 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land that was peatland in January 2008, unless verifiable evidence is provided that the cultivation and harvesting of raw material does not involve drainage of previously undrained soil.
Amendment 760 #
Proposal for a directive
Article 26 – paragraph 5 – point a – point iii
Article 26 – paragraph 5 – point a – point iii
iii) areas of high conservation valuedesignated by law or by the relevant competent authority for nature protection purposes, including wetlands and peatlands, are protected;
Amendment 766 #
Proposal for a directive
Article 26 – paragraph 5 – point a – point iv
Article 26 – paragraph 5 – point a – point iv
iv) the impacts of forest harvharvesting is carried out in a way that takest ing onto account the maintenance of soil quality and biodiversity are minimisedwith the aim of minimizing negative impacts; and
Amendment 801 #
Proposal for a directive
Article 26 – paragraph 5 – point b – point i
Article 26 – paragraph 5 – point b – point i
i) the forest biomass has been harvested according to athe legal permitconditions of harvesting;
Amendment 807 #
Proposal for a directive
Article 26 – paragraph 5 – point b – point iii
Article 26 – paragraph 5 – point b – point iii
iii) areas of high conservation valuedesignated by law or by the relevant competent authority for nature protection purposes, including peatlands and wetlands, are identified and protected;
Amendment 813 #
Proposal for a directive
Article 26 – paragraph 5 – point b – point iv
Article 26 – paragraph 5 – point b – point iv
iv) impacts of forest harvharvesting is carried out in a way that takest ing onto account the maintenance of soil quality and biodiversity are minimisedwith the aim of minimizing negative impacts;
Amendment 855 #
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 4
Article 26 – paragraph 6 – subparagraph 4
By 31 December 20235, the Commission shall assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address LULUCF requirements, on the basis of available data. The Commission shall, if appropriate, present a proposal to modify the requirements laid down in paragraphs 5 and 6 for the post- 2030 period.
Amendment 931 #
Proposal for a directive
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
4. The Commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 26(7), and/or demonstrate that consignments of biofuels, bioliquids or biomass fuels comply with the sustainability criteria set out in Article 26(2), (3), (4), (5) and (6), and/or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under Annex IX. When demonstrating that requirements set out in Article 26(5) and (6) for forest biomass are met, the operators may decide to directly provide the required evidence at the forest holdingsupply base level. The Commission may also recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 26(2)(b)(ii).