Activities of Martina MICHELS related to 2023/0081(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on establishing a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act)
Amendments (30)
Amendment 2 #
Proposal for a regulation
Recital 3
Recital 3
(3) Regarding external aspects, in particular regarding emerging markets and developing economies, the EU will seek win-win partnerships in the framework of its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain, knowledge and technology transfer mechanisms as well as to partner countries’ efforts to pursue a socially balanced twin transition and develop local value addition.
Amendment 5 #
Proposal for a regulation
Recital 4
Recital 4
(4) To fulfil those commitments, the Union must accelerate its pace of transition to clean energy, notably by increasing energycircularity, recycling and re-use, energy saving and efficiency and the share of renewable energy sources. This will contribute to achieving the EU targets of the European Pillar of Social Rights Action Plan for 2030 of an employment rate of at least 78% and participation in training of at least 60% of adults. It will also contribute to ensuring that the green transition is fair and equitable34 . _________________ 34 Council Recommendation on ensuring a fair transition towards climate neutrality, adopted on 16 June 2022 as part of the Fit for 55 package.
Amendment 8 #
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. TheseSuch technologies include solar photovoltaic and solar thermal technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, thesesuch technologies should benefit from even fastermore efficient permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 9 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that the Union’s future energy system is resilient, fair, inclusive and sustainable this scaling-up should be carried out across the whole supply chain of the technologies in question, in full complementarity with the Critical Raw Materials Act, with international human rights law, international environmental law, and due diligence principles, and meaningful engagement with local communities.
Amendment 20 #
Proposal for a regulation
Recital 45
Recital 45
(45) Member States can provide support from cohesion policy programmes in line with applicable rules under Regulation (EU) 2021/1060 of the European Parliament and of the Council57 to encourage the take up of net-zero strategic projects in less developed and transition regions through investment packages of infrastructure, productive investment in innovation, manufacturing capacity in SMEs, services, job-search assistance, research, training and upskilling measures, including support to capacity building of the public authorities and promoters. The applicable co-financing rates set in programmes may be up to 85% for less developed regions and up to 60% or 70% for transition regions depending on the fund concerned and the status of the region but Member States may exceed these ceilings at the level of the project concerned, where feasible under State aid rules. The Technical Support Instrument can help Member States and regions in preparing net-zero growth strategies, improve the business environment, reducing red tape and accelerating permitting. Member States should be encouraged to promote the sustainability of net-zero strategic projects by embedding these investments in European value chains, building notably on interregional and cross border cooperation networks. _________________ 57 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
Amendment 23 #
Proposal for a regulation
Recital 47
Recital 47
(47) AThe European Sovereignty Fund wouldill provide a structural answer to the investment needs. It will help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net-zero technologies. This structural instrument will, buildt on experience of coordinated multi- country projects under, among other, the IPCEIs and seeking to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aids, will provide a key part of the necessary additional funding indispensable for tackling the challenges related to the twin transition.
Amendment 25 #
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) In order to avoid further divergence in territorial, social and economic cohesion, the Commission shall present measures that are suitable to mitigate the risks of unequal abilities of Member States to provide state aid due to greater financial resources.
Amendment 26 #
Proposal for a regulation
Recital 48
Recital 48
(48) To overcome the limitations of the current fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, and Member States should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. The Net-Zero Europe Platform has a key role to play to build a comprehensive view of available and relevant funding opportunities and to discuss the individual financing needs of net-zero strategic projects and in order to support regions, municipalities and promoters.
Amendment 29 #
Proposal for a regulation
Recital 58
Recital 58
(58) Land use conflicts can create barriers to the deployment of net zero technologies manufacturing projects. Well- designed plans, including spatial plans and zoning, that take into account the potential for implementing net-zero technologies manufacturing projects and whose potential environmental impacts are assessed, have the potential to help balance public goods and interests, decreasing the potential for conflict and accelerating the sustainable deployment of net-zero technologies manufacturing projects in the Union. Responsible national, regional and local authorities should therefore consider the inclusion of provisions for net-zero technologies manufacturing projects when developing relevant plans and systematically foresee a public civil society consultation process.
Amendment 41 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 9 of Directive 2011/92/EU, the project promoter concerned shall request an opinion to the competent authority referred to in Article 4 on the scope and level of detail of the information to be included in the environmental impact assessment report pursuant to Article 5(1) of that Directive. The national competent authority shall ensureMember States, in accordance with the respective national legal system, shall ensure that in parallel the public concerned is consulted according to Art. 11 of Directive 2011/92/EU, and that the opinion referred to in the first subparagraph is issued as soon as possible and within a period of time not exceeding 390 days from the date on which the project promoter submitted its request.
Amendment 44 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The national competent authority shall ensure that the authorities concerned issue a reasoned conclusion as referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment within three months of receiving all necessaryrequested information gathered pursuant to Articles 5, 6 and 7 of that Directive , validating their sufficient quality and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 45 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The timeframes for consulting the public concerned on the environmental report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 4590 days. In cases falling under the second sub-paragraph of Article 6(4), this period shallmay be extended to 90 dayon a case-by-case basis.
Amendment 46 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The timeframes for consulting the public concerned on the environmental report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 45 days. In cases falling under the second sub-paragraph of Article 6(4), this period shallmay be extended to 90 dayon a case-by-case basis.
Amendment 48 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities shall, wtaking into consideration the re appropriatesults of consultation with civil society in the respective territory, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry. Natura 2000 sites shall be strictly excluded.
Amendment 51 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where plans include provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects, are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where relevant, that combined assessment shall also address the impact on potentially affected water bodies and verify whether the plan potentially prevent a water body from achieving good status or good potential or cause deterioration of status or of potential referred to in Article 4 of Directive 2000/60/EC or would potentially hamper that a water body achieves good status or good potential. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU, these impacts shall also be covered by the combined assessment. The combination of assessment pursuant to this paragraph shall not lower nor endanger the quality of either of the assessments. The Commission shall issue guidelines on how to combine assessments pursuant to the first subparagraph.
Amendment 53 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The provisions set out in this Regulation are without prejudice to the obligations under Articles 6 and 7 of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed at Aarhus on 25 June 1998, and under the UNECE Convention on environmental impact assessment in a transboundary context, signed at Espoo on 25 February 1991.
Amendment 54 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. All decisions adopted pursuant to this Section and Articles 12, 13, 14 and 213 shall be made publicly available.
Amendment 55 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States in consultation with local and regional authorities shall recognise as net-zero strategic projects net- zero technology manufacturing projects corresponding to a technology listed in the Annex and located in the Union that contributes to the realisation of the objectives set out in Article 1 of this Regulation and meet at least one of the following criteria:
Amendment 56 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the net-zero technology manufacturing project contributes to the technological and industrial resilience of the Union’s energy system by sustainably and strategically increasing the manufacturing capacity of a component or part in the net-zero technology value chain for which the Union heavily depends on imports coming from a single third country ;
Amendment 57 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point ii
Article 10 – paragraph 1 – point b – point ii
(ii) it manufactures technologies with significantly improved sustainability and performance;
Amendment 59 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iii
Article 10 – paragraph 1 – point b – point iii
(iii) it puts into place measures to attract, upskill or reskill a workforce required for net-zero technologies, including through apprenticeships, in close cooperation with social partners, fostering quality, healthy and stable employment and decent wages;
Amendment 60 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv
Article 10 – paragraph 1 – point b – point iv
(iv) it adopts comprehensive lowzero- carbon, non-toxic, resource efficient and circular manufacturing practices, including waste heat recoveryand materials recovery, especially the recovery of critical raw materials pursuant to Regulation (EU) 20…/nn of the European Parliament and of the Council [Critical Raw Materials Regulation]. The net-zero technology manufacturing project shall adopt manufacturing practices that reflect at least the level of current best available solutions in field of the particular net-zero technology manufacturing project.
Amendment 63 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall recognise as net-zero strategic projects CO2 storage projects that meet the following cumulative criteriaOnly such CO2 storage projects in line with the "do no significant harm assessment within the meaning of art. 17 of Regulation (EU) 2020/852 and that meet the following cumulative criteria may be recognised as net-zero strategic projects:
Amendment 66 #
Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(ca) (d) the CO2 storage project is not combined with Enhanced Hydrocarbon Recovery (EHR) (e) the CO2 storage project has an agreement to store CO2 only from residual emissions of hard-to-abate industrial processes defined in a delegated act referred to in Article 16(1). (f) the project promoter has no previous significant violations of Union law or laws of third countries, particularly in the field of environment, human and labour rights or tax evasion.
Amendment 68 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 77 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Commission mayshall provide its opinion on the approved projectprojects approved by a Member State in consultation with local and regional authorities. In the case of a rejection of the application by a Member State, the applicant shall have the right to submit the application to the Commission, which shall assess the application within 20 working days.
Amendment 82 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 89 #
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The Net-Zero Europe Platform shall, at the request of theregions, municipalities or a net-zero strategic project promoter, discuss and advise on how the financing of its project can be completed, taking into account the funding already secured and considering at least the following elements:
Amendment 101 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Contracting authorities or contracting entities shall base the award of contracts for net-zero technology listed in the Annex in a public procurement procedure on the most economically advantageous tender, which shall include the best price-quality ratio, comprising at least the sustainability and resilience contribution of the tendercontribution of the tender to sustainability, quality of employment, resilience and to regional development, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU and applicable sectoral legislation, as well as with the Union’s international commitments, including the GPA and other international agreements by which the Union is bound.
Amendment 126 #
Proposal for a regulation
Article 29 – paragraph 7
Article 29 – paragraph 7
7. The Platform shall invite representatives of the European Parliament, the European Committee of the Regions and the European Economic and Social Committeee to attend, as observers, its meetings, including of the standing or temporary sub- groups referred to in paragraph 6.