29 Amendments of Jean-Luc SCHAFFHAUSER related to 2016/0376(COD)
Amendment 97 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2012/27/EU of the European Parliament and of the Council9 is an element to progress towards the Energy Union, under which energy efficiency should be treated as an energy source in its own right. The 'energy efficiency first'makes a contribution to the application of the ‘energy efficiency first’ principle. That principle should be taken into account when setting new rules for the supply side and other policy areas. The Commission should ensure that energy efficiency and demand side response can compete on equal terms with generation capacity. Energy efficiency needs to be considered whenever energy system relevant planning or financing decisions are taken. Energy efficiency improvements need to be realised whenever it is more cost-effective than equivalent supply-side solutions. This should help to exploit the multiple benefits of energy efficiency for Europe's societyies, in particular for citizens and businesses. __________________ 9 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
Amendment 115 #
Proposal for a directive
Recital 4
Recital 4
(4) There are no binding targets at national level in the 2030 perspective. The need for the Union to achieve its energy efficiency targets at EU level, expressed in primary andor final energy consumption, in 2020 and 2030 should be clearly set out in the form of a binding 30 % target. This clarification at Union level should not restrict Member States as their freedom is kept to set their national contributions based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States should set their national indicative energy efficiency contributions taking into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. This means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the Union compared toby means of comparison with 2005 levels. A regular evaluation of progress towards the achievement of the Union 2030 target is necessary and is provided for in the legislative proposal on Energy Union Governance.
Amendment 152 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Public investment in long-term energy efficiency, such as renovation of buildings or replacement of meters, is vital not only for the purpose of attaining energy and climate targets but above all to revive the economy, employment and internal demand in the Union, particularly in those Member States hardest hit by the economic crisis and austerity policies. Such investment ought therefore not to be included in accounting under the Stability and Growth Pact;
Amendment 155 #
Proposal for a directive
Recital 7
Recital 7
(7) Member States are required to achieve a cumulative end-use savings requirement for the entire obligation period, equivalent to 'new' savings of 1.5 % of annual energy sales. This requirementA contribution to energy saving could be madet by new policy measures that are adopted during the new obligation period from 1 January 2021 to 31 December 2030 or by new individual actions as a result of policy measures adopted during or before the previous period, but in respect of which the individual actions that trigger energy savings are actually introduced during the new period.
Amendment 162 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In order to attain primary energy saving targets, services on the energy efficiency market should be provided in a competitive and transparent context in order to guarantee that the final consumer will enjoy the benefits, in terms of reduced costs and better quality of service, associated with energy efficiency measures. The energy efficiency market should ensure non-discriminatory access for the various economic actors, particularly SMEs, guaranteeing their participation on equal terms with vertically integrated operators and overcoming the positions of competitive advantage that have been established for businesses operating in the distribution or sale of energy. To this end, integrated operators should offer third parties the same conditions and the same instruments as they use to provide energy efficiency services.
Amendment 232 #
Proposal for a directive
Recital 16
Recital 16
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/27/EU
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union’s 2020 20% headline targets and its 2030 30% binding27% headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates. It lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy, and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030.’;
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Each Member State shall set an indicative national energy efficiency target for 2020, based on either primary or final energy consumption, primary or final energy savings, or on energy intensity. Member States shall notify those targets to the Commission in accordance with Article 24(1) and Annex XIV, Part 1. When doing so, they shall also express those targets in terms of an absolute level of primary energy consumption and final energy consumption in 2020 and shall explain how, and on the basis of which data, thie calculations hasve been calculatedmade.
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 2 – point -a (new)
Article 3 – paragraph 1 – subparagraph 2 – point -a (new)
(-a) primary or final energy consumption levels, or energy intensity levels, in the year 2005;
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 2 – point a
Article 3 – paragraph 1 – subparagraph 2 – point a
Amendment 312 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 3 – point d
Article 3 – paragraph 1 – subparagraph 3 – point d
(d) development of all sources of renewable energies, nuclear energy, carbon capture and storage, and energy storage; and
Amendment 331 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Each Member State shall set indicative national energy efficiency contributions towards the Union’s 2030 target referred to in Article 1 paragraph 1(1) in accordance with Articles [4] and [6] of Regulation (EU) XX/20XX [Governance of the Energy Union]. When setting those contributions, Member States shall take into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. Member States shall notify those contributions to the Commission as part of their integrated national energy and climate plans in accordance with the procedure pursuant to Articles [3] and [7] to [11] of Regulation (EU) XX/20XX [Governance of the Energy Union].’;
Amendment 348 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2012/27/EU
Article 5
Article 5
(2a) Article 5 is replaced by the following: Article 5 Article 5 Exemplary role of public bodies’ buildings 1. Without prejudice to Article 7 of Directive 2010/31/EU, each Member State shall ensure that, as from 1 January 2014, 3% of the total floor area of heated and/or cooled buildings owned and occupied by its central government is renovated each year to meet at least the minimum energy performance requirements that it has set in application of Article 4 of Directive 2010/31/EU. The 3% rate shall be calculated on the total floor area of buildings with a total useful floor area over 500 m2 owned and occupied by the central government of the Member State concerned that, on 1 January of each year, do not meet the national minimum energy performance requirements set in application of Article 4 of Directive 2010/31/EU. That threshold shall be lowered to 250 m2 as of 9 July 2015. Where a Member State requires that the obligation to renovate each year 3% of the total floor area extends to floor area owned and occupied by administrative departments at a level below central government, the 3% rate shall be calculated on the total floor area of buildings with a total useful floor area over 500 m2 and, as of 9 July 2015, over 250 m2 owned and occupied by central government and by these administrative departments of the Member State concerned that, on 1 January of each year, do not meet the national minimum energy performance requirements set in application of Article 4 of Directive 2010/31/EU. When implementing measures for the comprehensive renovation of central government buildings in accordance with the first subparagraph, Member States may choose to consider the building as a whole, including the building envelope, equipment, operation and maintenance. Member States shall require that central government buildings with the poorest energy performance be a priority for energy efficiency measures, where cost- effective and technically feasible. 2. Member States may decide not to set or apply the requirements referred to in paragraph 1 to the following categories of buildings: (a) buildings officially protected as part of a designated environment, or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance; (b) buildings owned by the armed forces or central government and serving national defence purposes, apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities; (c) buildings used as places of worship and for religious activities. 3. If a Member State renovates more than 3% of the total floor area of central government buildings in a given year, it may count the excess towards the annual renovation rate of any of the three previous or following years. 4. Member States may count towards the annual renovation rate of central government buildings new buildings occupied and owned as replacements for specific central government buildings demolished in any of the two previous years, or buildings that have been sold, demolished or taken out of use in any of the two previous years due to more intensive use of other buildings. 5. For the purposes of paragraph 1, by 31 December 2013, Member States shall establish and make publicly available an inventory of heated and/or cooled central government buildings with a total useful floor area over 500 m2 and, as of 9 July 2015, over 250 m2, excluding buildings exempted on the basis of paragraph 2. The inventory shall contain the following data: (a) the floor area in m2; and (b) the energy performance of each building or relevant energy data. 6. Without prejudice to Article 7 of Directive 2010/31/EU, Member States may opt for an alternative approach to paragraphs 1 to 5 of this Article, whereby they take other cost-effective measures, including deep renovations and measures for behavioural change of occupants, to achieve, by 2020, an amount of energy savings in eligible buildings owned and occupied by their central government that is at least equivalent to that required in paragraph 1, reported on an annual basis. For the purpose of the alternative approach, Member States may estimate the energy savings that paragraphs 1 to 4 would generate by using appropriate standard values for the energy consumption of reference central government buildings before and after renovation and according to estimates of the surface of their stock. The categories of reference central government buildings shall be representative of the stock of such buildings. Member States opting for the alternative approach shall notify to the Commission, by 31 December 2013, the alternative measures that they plan to adopt, showing how they would achieve an equivalent improvement in the energy performance of the buildings within the central government estate. 7. Member States shall encourage public bodies, including at regional and local level, and social housing bodies governed by public law, with due regard for their respective competences and administrative set-up, to: (a) adopt an energy efficiency plan, free-standing or as part of a broader climate or environmental plan, containing specific energy saving and efficiency objectives and actions, with a view to following the exemplary role of central government buildings laid down in paragraphs 1, 5 and 6; (b) put in place an energy management system, including energy audits, as part of the implementation of their plan; (c) use, where appropriate, energy service companies, and energy performance contracting to finance renovations and implement plans to maintain or improve energy efficiency in the long term.
Amendment 352 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – title
Article 7 – title
Article 7 Energy savings obligationContribution in terms of energy savings (This amendment applies throughout the text.)
Amendment 381 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 (new)
Article 1 – paragraph 1 – point 3 (new)
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
Member States may provide a cumulative contribution in terms of new energy savings per year from 1 January 2021 to 31 December 2030, commensurate with the contributions referred to in Article 3(4); (All references to paragraph 1(b) are changed accordingly into references, within paragraph 1, to the above subparagraph 1a.)
Amendment 382 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 465 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
(a) for the calculation of the amount of energy savings required for the period referred to in point (a) of paragraph 1 Member States may make use of points (a), (b), (c), (d) and (de) of paragraph 2;
Amendment 489 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 2
Article 7a – paragraph 2
2. Member States shall designate, on the basis of objective and non- discriminatory criteria, obligated parties among energy distributors and/or retail energy sales companies operating in itstheir territory and may in, excludeing transport fuel distributors orand transport fuel retailers operating in itstheir territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 7(1), or, if Member States so decide, through certified savings stemming from other parties as described in point (b) of paragraph 5.
Amendment 496 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 (new)
Article 1 – paragraph 1 – point 4 (new)
Directive 2012/27/EU
Article 7a – paragraph 4 a (new)
Article 7a – paragraph 4 a (new)
Amendment 541 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2012/27/EU
Article 7b a (new)
Article 7b a (new)
(4) The following Article 7ba is inserted: ‘Article 7ba Provision of energy efficiency services Member States shall ensure that services on the energy efficiency market are provided in a transparent competitive context in order to enable the final consumer to enjoy the benefits, in terms of lower costs and better quality of service, associated with energy efficiency measures. To that end, Member States shall: (a) ensure that businesses, particularly SMEs, have non-discriminatory access to the market in energy efficiency services, thereby enabling them to participate on equal terms with vertically integrated operators and overcoming the positions of competitive advantage established for distributors or sellers of energy; (b) adopt every act necessary to ensure that integrated operators offer third parties the same conditions and means as they employ to provide energy efficiency services.’
Amendment 542 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2012/27/EU
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 544 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2012/27/EU
Article 9 – title
Article 9 – title
Amendment 545 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2012/27/EU
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 590 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 4 – subparagraph 2
Article 9a – paragraph 4 – subparagraph 2
Amendment 592 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2012/27/EU
Article 10
Article 10
Amendment 613 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2012/27/EU
Article 11 – title
Article 11 – title
Amendment 620 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2012/27/EU
Article 20 – paragraph 7 a (new)
Article 20 – paragraph 7 a (new)
(11a) In Article 20, the following paragraph 7a is added: ‘7a. Investment by Member States in measures to improve energy efficiency within the meaning of this Directive and Directive 2010/31/EU shall not be taken into account for the purposes of the Stability and Growth Pact.’
Amendment 634 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by XXXX [Please insert the date 124 months following the date of entry into force] at the latest. They shall immediately communicate to the Commission the text of those provisions.
Amendment 638 #
Proposal for a directive
Annex – point 1 – point a
Annex – point 1 – point a
Directive 2012/27/EU
Annex IV – footnote 3
Annex IV – footnote 3