BETA

25 Amendments of Anja HAZEKAMP related to 2022/0160(COD)

Amendment 1 #
Proposal for a directive
Recital 1
(1) In the context of the European Green Deal16 , Regulation (EU) 2021/1119 of the European Parliament and of the Council17 established the objective of the Union becoming climate neutral in 2050, as well as the target of a 55% reduction in greenhouse gas emissions by 2030. This requires an energy transition and significantly higher shares of renewable energy sources in an integrated and socially just energy system. __________________ 16 Communication from the Commission COM/2019/640 final, The European Green Deal. 17 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’), OJ L 243, 9.7.2021, p. 1).
2022/09/19
Committee: ENVI
Amendment 6 #
Proposal for a directive
Recital 7
(7) Some of the most common issues faced by renewable energy project developers relate to the procedures established at national or regional level to assess the environmental impact of the proposed projects. Therefore, it is appropriate to streamline certain environmental-related aspects of the permit-granting procedprocedures and permitting processes for renewable energy projects should be improved, without any harmful impact to the environment. Accelerating deadlines should in no case skip or impoverish procedures that aim to provide legal certainty and environmental security. In addition, large energy companies have better resources and processes for renewable energy projectto present projects, which results in a concentration of the majority of energy projects by them. In this sense, renewable energy community projects should be prioritised in order to avoid an oligopoly of the energy market by large companies.
2022/09/19
Committee: ENVI
Amendment 13 #
Proposal for a directive
Recital 9
(9) Member States should designate as renewables go-to areas those areas that are particularly suitable to develop renewable energy projects, differentiating between technologies, and where the deployment of the specific type of renewable energy sources is not expected to have a significantny environmental impact. In the designation of renewables go-to areas, Member States should avoid protected areas to the extent possible and consider restoration plans. Member States may designate renewable go-to areas specific for one or more types of renewable energy plants and should indicate the type or types of renewable energy that are suitable to be produced in each renewable go-to area.
2022/09/19
Committee: ENVI
Amendment 15 #
Proposal for a directive
Recital 11
(11) Following the adoption of the plan or plans designating renewables go-to areas, Member States should monitor the significant environmental effects of the implementation of plans and programmes in order, inter alia, to identify at an early stage unforeseen adverse effects, and to be able to undertake appropriate remedial action, in accordance with Directive 2001/42/EC, as well as hold the relevant agent, actor or company accountable.
2022/09/19
Committee: ENVI
Amendment 19 #
Proposal for a directive
Recital 12
(12) The provisions 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 Matters23 (‘the Aarhus Convention’)¨ regarding access to information, public participation in decision-making, and access to justice in environmental matters, in particular the provisions relating to public participation and to access to justice remain applicable, where relevant. __________________ 23 Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (OJ L 124, 17.5.2005, p. 1).
2022/09/19
Committee: ENVI
Amendment 35 #
Proposal for a directive
Recital 18
(18) The construction and operation of renewable energy plants may result inshould avoid the occasional killing or disturbance of birds and other species protected species under Directive 92/43/EEC or Directive 2009/147/EC26 . However, such killing or disturbance would not be considered deliberate in the sense of these Directives if a project has adopted, during its construction and operation,The entity responsible for the project should take appropriate mitigation measures to avoid collisions or prevent disturbance, and if ito carriesy out a pproperiate monitoring to assess the effectiveness of suchthese measures and, i. In the lighevent of the information gathered, takes further measures as required to ensure no significant negative impact on the population of the species concernoccurrence of killing or disturbance, the entity responsible for the project should also be held liable and should be responsible for repairing the damage caused. __________________ 26 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p.7).
2022/09/19
Committee: ENVI
Amendment 41 #
Proposal for a directive
Recital 22
(22) Renewable energy sources are crucial to fight climate change, reduce energy prices, decrease the Union’s dependence on fossil fuels and ensure the Union’s security of supply. For the purposes of the relevant Union environmental legislation, in the necessary case-by-case assessments to ascertain whether a plant for the production of energy from renewable sources, its connection to the grid, the related grid itself or storage assets is of overriding public interest in a particular case, Member States should presume these plants and their related infrastructure as being of overriding public interest and serving public health and safety, except where there is clear evidence that these projects have major adverse effects on the environment which cannot be mitigated or compensated. Considering such plants as being of overriding public interest and serving public health and safety would allow such projects to benefit from a simplified assessment.
2022/09/19
Committee: ENVI
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1
By [2 years after the entry into force], When designating the areas referred to in Article 15b(1), Member States shall adopt a plan or plans designating, within the areas referred to in Article 15b(1), renewables go-to areas for one or more types of renewable energy sources, that match the space requirements identified for each technology to reach the 2030 and 2040 targets for renewable energy as set under Article 15b(1). In that plan or plans, Member States shall:
2022/09/19
Committee: ENVI
Amendment 75 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – introductory part
(a) Designate sufficiently homogeneous land and sea areas where the deployment of a specific type or types of renewable energy is not expected to have significantlow environmental impacts, in view of the particularities of the selected territory according to the sensitivity mapping under Article 15b(2a), in view of the particularities of the selected territory. The overall amount of land and sea areas designated as renewables areas shall match the space requirements identified to reach the 2030 and 2040 targets for renewable energy as set under Article 15b(1) of this Directive and included in national energy and climate plans of Member States, as updated pursuant to Article 14 of Regulation (EU) 2018/1999. In doing so, Member States shall:
2022/09/19
Committee: ENVI
Amendment 81 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 1
give priority tofirst designate artificial and built surfaces, such as for renewable energy, except new hydropower and bioenergy, where the installation of this type of renewable energy can be expected to have low environmental impact. These are rooftops, transport infrastructure areas, parking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture;. For these areas (‘renewable go-to areas’), Member States shall designate them within 1 year of the entry into force of this Directive. When appropriate, the contamination levels shall be assessed.
2022/09/19
Committee: ENVI
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 2
exclude Natura 2000 sites and nature parks and reserves, the identified bird migratory routes as well as other areas identified based on sensitivity maps and the tools referred to in the next point, except for artificial and built surfaces located in those areas such as rooftops, parking areas or transport infrastructure. secondly designate areas for renewable energy, except new hydropower plants, where the installation of this type can be expected to have low environmental impact and which are outside Natura 2000 sites and other protected areas, the identified bird and marine mammal migratory routes, blue carbon ecosystems, buffer zones and ecological corridors, restoration areas in line with the [Nature Restoration Regulation], as well as other areas identified based on sensitivity maps and the tools referred to in the next point, except for artificial and built surfaces located in those areas such as rooftops, parking areas or transport infrastructure on the condition that the artificial and built surfaces in question are not spatially expanded and pursuant to the appropriate assessment of Article 6(3) of Directive 92/43/EEC. For these areas, Member States shall designate them within 2 year of the entry into force of [the Nature Restoration Regulation] but no later than 3 years after the entry into force of this Directive.
2022/09/19
Committee: ENVI
Amendment 97 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point b
(b) Establish appropriate rules for the designated renewable go-to areas, including on the appropriate and effective mitigation measures to be adopted for the installation of renewable energy plants, co-located energy storage facilities, as well as assets necessary for their connection to the grid, in order to avoid or, if not possible, to significantly reduce the negative environmental impacts that may arise. Where appropriate, Member States shall ensure that appropriate mitigation measures are applied to prevent the situimplement obligations described in Articles 6(2) and 12(1) of Directive 92/43/EEC, Article 5 of Directive 2009/147/EEC and Article 4(1)(a)(i) and (ii) of Directive 2000/60/EC. Such rules shall be targeted to the specificities of each identified renewable go-to area, the renewable energy technology or technologies to be deployed in each area and the identified environmental impacts. Compliance with such rules and the implementation of the appropriate mitigation measures by the individual projects shall result in the presumption that projects are not in breach of those provisions without prejudice to paragraphs 4 and 5 of Article 16a. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Council Directive 92/43/EEC and Directive 2009/147/EEC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such measures is and risks. The effectiveness of such measures shall be closely monitored and appropriate steps are shall be taken immediately if they do not prove to be effective. .
2022/09/19
Committee: ENVI
Amendment 109 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 2
Member States shall explain in the plan the assessment made to identify each designated go-to area on the basis of the criteria set out in point (a) and to identify appropriate mitigation measures.
2022/09/19
Committee: ENVI
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 2
(2) Before its adoption, the plan or plans designating renewables go-to areas shall be subject to an site and project-specific environmental assessment carried out in accordance with the conditions set out in Directive 2001/42/EC, and where applicable, if including artificial and built surfthey may have significant impacets located ion Natura 2000 sites, likely to have significant impacts in those sitein those sites, either individually or in combination with other plans or projects, to the appropriate assessment in accordance to Article 6(3) of Directive 92/43/EEC.
2022/09/19
Committee: ENVI
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 2 a (new)
(2a) When identifying the areas referred to in Article 15b(1) at sea, the designation shall be aligned with the requirements of Directive 2014/89/EU, which recommends the Member States use an ecosystem-based approach to Maritime Spatial Planning (MSP) when designating renewable energy sites. During the MSP process, which shall be updated as soon as new EU legislation impacting spatial planning is published, Member States shall increase the space designated for renewable energy production in line with the climate targets for 2030, 2040 and 2050.
2022/09/19
Committee: ENVI
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 3
(3) The plan or plans idesignating renewables go-to areasntifying land and sea areas necessary for the installation of plants for the production of energy from renewable sources and designating renewables areas under Article 15b and 15c shall be made public and shall be reviewed periodically, at least in the context of the updates of the national energy and climate plans pursuant to Article 14 of Regulation (EU) 2018/1999, and Directive 2014/89/EU.
2022/09/19
Committee: ENVI
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Without prejudice to paragraphs 4 and 5, by derogation from Article 4(2) of Directive 2011/92/EU, and Annex II, points 3(a), (b), (d), (h), (i), and 6(c) alone or in conjunction with point 13(a) to that Directive as far as this concerns renewable energy projects, new applications for renewable energy plants, except for biomass combustion plants, including the repowering of plants, in already designated renewables go-to areas for the respective technology, co-located storage facilities as well as their connection to the grid, shall be exempted from the requirement to carry out a dedicated environmental impact assessment under Article 2(1) of Directive 2011/92/EU, provided that these projects comply with the rules and measures set out in accordance with Article 15c(1), point (b). The exemption from the application of Directive 2011/92/EU above shall not apply to projects which are likely to have significant effects on the environment in another Member State or where a Member State likely to be significantly affected so requests, as provided for in Article 7 of the said Directive.deleted
2022/09/19
Committee: ENVI
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 3 – subparagraph 2
By derogation from Article 6(3) of Directive 92/43/EEC, the plants referred to in the first subparagraph, shall not be subject to an assessment of their implications for Natura 2000 sites.deleted
2022/09/19
Committee: ENVI
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 4 – subparagraph 1
The competent authorities of Member States shall carry out a screening of the applications referred to in paragraph 3. Such screening shall aim to identify if any of such projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographical areas where they are located, that were not identified during the environmental assessment of the plan or plans designating renewables go-to areas carried out in accordance with Directive 2001/42/EC and, if relevant, with Directive 92/43/EEC. The screening carried out for the repowering of projects shall be limited to the potential impacts stemming from the change or extension compared to the original project.deleted
2022/09/19
Committee: ENVI
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 4 – subparagraph 2
For the purpose of such screening, the project developer shall provide information on the characteristics of the project, on its compliance with the rules and measures identified according to Article 15c (1), points (b) and (c), for the specific go-to area, on any additional measures adopted by the project and how these measures address environmental impacts. Such screening shall be finalised within 30 days from the date of submission of the applications for new renewable energy plants, with the exception of applications for installations with an electrical capacity of less than 150 kW. For such installations and for new applications for the repowering of plants, the screening phase shall be finalized within 15 days.deleted
2022/09/19
Committee: ENVI
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 5
(5) Following the screening process, the applications referred to in paragraph 3 shall be authorised from an environmental perspective without requiring any express decision from the competent authority, unless the competent authority adopts an administrative decision, duly motivated and based on clear evidence, that a specific project is highly likely to give rise to significantunforeseen adverse effects in view of the environmental sensitivity of the geographic area where they are located that cannot be mitigated by the measures identified in the plan or plans designating go-to areas or proposed by the developer for the project. Such decision shall be made available to the public. Such projects shall be subject to an assessment in accordance with Directive 2011/92/EC and, if applicable, to an assessment under Article 6(3) of Directive 92/43/EEC, which shall be carried out within six months following the screening decision.deleted
2022/09/19
Committee: ENVI
Amendment 182 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive (EU) 2018/2001
Article 16b – paragraph 2 – subparagraph 1
Where an environmental assessment is required under Directive 2011/92/EU or Directive 92/43/EEC, it shall be carried out in a single procedure that combines all relevant assessments for a given project. When any such environmental impact assessment is required, the competent authority, taking into account the information provided by the developer, shall issue an opinion on the scope and level of detail of the information to be included by the developer in the environmental impact assessment report, of which the scope shall not be extended subsequently. Where the specific projects have adopted appropriate mitigation measures, any killing or disturbance of the species protected under Article 12(1) of Directive 92/43/EEC and Article 5 of Directive 2009/147/EC shall not be considered deliberate. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Council Directive 92/43/EEC and Directive 2009/147/EEC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such measures is closely monitored and appropriate steps are taken immediately if they do not prove to be effective. The permit-granting process for the repowering of projects and for new installations with an electrical capacity of less than 150 kW, co-located storage facilities as well as their grid connection, located outside renewables go-to areas shall not exceed one year including environmental assessments where required by relevant legislation. Where duly justified on the ground of extraordinary circumstances, this one- year period may be extended by up to three months. Member States shall clearly inform the developers about the extraordinary circumstances that justified the extension.deleted
2022/09/19
Committee: ENVI
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2018/2001
Article 16c – title
Permit-granting process for the installationAccelerated deployment of solar energy equipment in artificial structures
2022/09/19
Committee: ENVI
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2018/2001
Article 16c – paragraph 1
(1) Member States shall ensure that the permit-granting process referred to in Article 16(1) for the installation of solar energy equipment, including building- integrated solar installations, in existing or future artificial structures, with the exclusion of artificial water surfaces, shall not exceed three months, provided that the primary aim of such structures is not solar energy production. By derogation from Article 4(2) of Directive 2011/92/EU andAnnex II, points 3(a) and (b), alone or in conjunction with point 13(a) to that Directive, such inFor rooftop solar installations below 50 kW, Member States shall ensure only simplified authorisation procedures are in place. Requirements for construction permits shall be removed in case staillation of solar equipment shall be exempted from the requirement, if applicable, to carry out a dedicated environmental impact assessment under Article 2(1) of Directive 2011/92/EU in place. Member States shall also establish a roadmap to remove other barriers and to enhance the accelerated deployment of solar energy.
2022/09/19
Committee: ENVI
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive (EU) 2018/2001
Article 16d
(10) The following Article 16d is inserted: By [three months from entry into force], until climate neutrality is achieved, Member States shall ensure that, in the permit-granting process, the planning, construction and operation of plants for the production of energy from renewable sources, their connection to the grid and the related grid itself and storage assets are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in the individual cases for the purposes of Articles 6(4) and 16(1)(c) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC.deleted Article 16d Overriding public interest
2022/09/19
Committee: ENVI