131 Amendments of Valérie HAYER related to 2023/0081(COD)
Amendment 21 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) In this regard and although State aid can provide financial support in a fast and targeted manner, financial support to net-zero technologies cannot solely rely on a relaxation of State aid rules, considering the heterogeneity of Member States’ budgetary capacities, which could have adverse effects on the functioning of the Single Market. To avoid a fragmentation of the Single Market, it is necessary to consider a European approach to financial support for net-zero technologies, complementing private and national public funding.
Amendment 43 #
Proposal for a regulation
Recital 28
Recital 28
(28) For the purposes of taking into account within a public procurement procedure of the need to diversify sources of supply of net-zero technologies away from single sources of supply within the meaning of Article 19 (2), and without prejudice to the Union’s international commitments, the supply should at least be deemed insufficiently diversified where a single source supplies for more than 650% of the demand for a specific net-zero technology within the Union.
Amendment 44 #
Proposal for a regulation
Recital 29
Recital 29
(29) For the purposes of setting up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products, and without prejudice to the Union’s international commitments, the supply should be deemed insufficiently diversified where a single source supplies more than 650% of the total demand for a specific net- zero technology within the Union. To ensure a consistent application, the Commission should publish a yearly list starting on the date of application of this Regulation, of the distribution of the origin of net zero technology final products which fall under this category, broken down by the share of Union supply originating in different sources in the last year for which data is available.
Amendment 45 #
Proposal for a regulation
Recital 31
Recital 31
(31) The application of the provisions on resilience in public procurement procedures set out in Article 19 should be without prejudice to the application of Regulation 2022/1031/EU of the European Parliament and the Council, Article 25 of Directive 2014/24/EU of the European Parliament and of the Council47 , and Articles 43 and 85 of Directive 2014/25/EU of the European Parliament and of the Council48 , as according with the Commission’s guidance of 201949 . The same way, public procurement provisions should continue to apply to works, supplies and services subject to Article 19, including article 67 (4) of Directive 2014/24/EU and any implementing measures resulting from the Proposal for a Regulation establishing a framework for setting ecodesign requirements for sustainable products. __________________ 47 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 48 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 49 Communication from the Commission: Guidance on the participation of third country bidders and goods in the EU procurement market, Brussels, 24.7.2019, C(2019) 5494 final.
Amendment 51 #
Proposal for a regulation
Recital 39
Recital 39
(39) As indicated in the Communication on the Green Deal Industrial Plan for the Net-Zero Age, published on 1 February 2023, the Union’s industry’s market shares are under strong pressure, due to subsidies in third countries which roll out support schemes aiming at anchoring and attracting clean tech industry. Such an approach undermines a level playing field and presents a competitive challenge for the EU to maintain and develop its own industry. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal framework.
Amendment 52 #
Proposal for a regulation
Recital 40
Recital 40
(40) Access to public and private finance is key for ensuring the Union’s open strategic autonomy and for establishing a solid and competitive manufacturing base for net-zero technologies and their supply chains across the Union. The majority of investments necessary to reach the Green Deal objectives will come from private capital53 attracted by the growth potential of the net-zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero manufacturing projects. Swift progress towards the Capital Markets Union is thus necessary for the EU to deliver on its net-zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sectorAs indicated in the Staff Working Document accompanying this Regulation, investment needs amount to around EUR 92 billion over the period 2023-2030, with a range between about EUR 52 billion to around EUR 119 billion depending on various scenarios, which would result in public funding requirements of EUR 16 – 18 billion. __________________ 53 Commission Staff Working Document Identifying Europe's recovery needs Accompanying the document Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - Europe's moment: Repair and Prepare for the Next Generation, SWD(2020) 98 final, Identifying Europe's recovery needs, 27.05.2020.
Amendment 56 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) The majority of investments necessary to reach the Green Deal objectives will come from private capital attracted by the growth potential of the net-zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero manufacturing projects. Swift progress towards the Capital Markets Union is thus necessary for the EU to deliver on its net-zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sector.
Amendment 61 #
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA to avoid a fragmentation of the EU Single Market. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes.
Amendment 63 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) In order to ensure consistency between different existing tools to boost investments in net-zero technologies, the European Commission should ensure that strategic net-zero technologies as defined in the NZIA and which are not covered by the TCTF, must not be subject to risk of redeployment outside of the EU.
Amendment 64 #
Proposal for a regulation
Recital 42
Recital 42
(42) Several Union funding programmes, such as the Recovery and Resilience Facility, InvestEU, cohesion policy programmes or the Innovation Fund are also available to fund investments in net-zero technology manufacturing projects. The current EU budget has however insufficient possibilities for supporting the objectives of the Net-Zero Industry Act and for ensuring a level- playing field between Member States. The revision of the 2021-2027 multinannual financial framework (MFF) should therefore provide for a European budget fit for purpose. In this regard, a European Sovereignty Fund should also provide fresh additional financial means partly dedicated to net-zero manufacturing projects contributing to the reduction of strategic dependencies in the EU.
Amendment 69 #
Proposal for a regulation
Recital 47
Recital 47
(47) A European Sovereignty Fund would provide a comprehensive and 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 for reducing strategic dependencies and ensure the open strategic autonomy of the Union. While not limited to the green and digital transitions, it will notably help preserving a European edge on critical and emerging technologies, including net-zero technologies, by meeting the applicable public funding requirements associated with this Regulation. This structural instrument will build on the experience of coordinated multi-country projects under the IPCEIs and seek 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.
Amendment 72 #
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.
Amendment 103 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in public and private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance. The Commission and the Member States shall ensure this support is provided to the project promoter within six months following the submission of the request of the net-zero strategic project.
Amendment 105 #
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular its preamble and its Article 2(c),
Amendment 109 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The Commission and the Member States may provide administrative and operational support to net-zero strategic projects to facilitate their rapid and effective implementation, including by providing:
Amendment 115 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. Member States shall allocate appropriate resources and incorporate measures to pursue the objectives of this Regulation within their national Recovery and Resilience Plans, specifically under their respective REPowerEU chapters.
Amendment 124 #
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 the net-zero strategic project promoter, discuss and advise on how the financing ofas well as provide and coordinate support for its project canto be completed, in particular to ensure it meets the criteria defined in Article 19(2), taking into account the funding already secured and considering at least the following elements:
Amendment 124 #
Proposal for a regulation
Recital 5
Recital 5
(5) The higher energy prices after the unjustified and unlawful military aggression by the Russian Federation against Ukraine, gave a strong impetus to accelerate the implementation of the European Green Deal and reinforce the resilience of the Energy Union by speeding up the clean energy transition and ending any dependence on fossil fuels exported from the Russian Federation. The REPowerEU plan35 plays a key role in responding to the hardships and global energy market disruption caused by the invasion of Ukraine by the Russian Federation. That plan aims to accelerate the energy transition in the European Union, in order to reduce the Union’s gas and electricity consumption and to boost investments in the deployment of energy efficient and low carbon solutions. That plan sets inter alia the targets to double solar photovoltaic capacity by 2025 and to install 600 GW of solar photovoltaic capacity by 2030; to double the rate of deployment of heat pumps; to produce 10 million tonnes of domestic renewable hydrogen by 2030; and to substantially increase production of biomethane up to 35 bcm by 2030. The plan also sets out that achieving the REPowerEU goals will require diversifying the supply of low carbon energy equipment and of critical raw materials, reducing sectoral dependencies, overcoming supply chain bottlenecks and expanding the Union’s clean energy technology manufacturing capacity. As part of its efforts to increase the share of renewable energy in power generation, industry, buildings and transport, the Commission proposes to increase the target in the Renewable Energy Directive to 45% by 2030 and to increase the target in the Energy Efficiency Directive to 13%. This would bring the total renewable energy generation capacities to 1236 GW by 2030, in comparison to 1067 GW by 2030 envisaged under the 2021 proposal and will see increased needs for storage through batteries to deal with intermittency in the electricity grid. Similarly, policies related to the decarbonisation of the road sector, such as Regulation (EU) 2019/631 and Regulation (EU) 2019/1242 will be strong drivers for a further electrification of the road transport sector and thus increasing demand for batteries. _________________ 35 Communication of 18 May 2022 from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, REPowerEU Plan, COM/2022/230 final, 18.05.2022.
Amendment 127 #
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) relevant Union funding and financing programmes, including a European Sovereignty Fund.
Amendment 128 #
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologiclean energy sources , electricity and heat storage technologies, heat pumps, grid technologiesnergy storage, energy efficiency, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation,rgy infrastructure, energy transformation, greenhouse gas capture, use and storage technologies, and energy-system related energy efficiency technologies, clean transportation, industrial emission reduction, and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 139 #
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 tender, in compliance with Regulation 2022/1031/EU, 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 141 #
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
(d) the tender’s contribution to resilience, taking into account the proportion of the products originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council72 , from which more than 650% of the supply for that specific net-zero technology within the Union originates in the last year for which data is available for when the tender takes place. __________________ 72 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 142 #
Proposal for a regulation
Recital 7
Recital 7
(7) To meet the 2030 and 2050 climate and energy targets, energy efficiency needs to be prioritised. Saving energy is the cheapest, safest and cleanest way to meet those targets. ‘Energy efficiency first’ is an overall principle of EU energy policy and is important in both its practical applications in policy and investment decisions. Therefore, it is essential to expand the Union’s manufacturing capacity for energy efficient technologies, such as heat pumps and smart grid technologies, that help the EU reduce and control its energy consumption.
Amendment 149 #
Proposal for a regulation
Article 19 – paragraph 4 b (new)
Article 19 – paragraph 4 b (new)
4 b. Award of a supply contract in all the sectors of the net-zero technologies as listed in Articles 3 point 1 (a) and of the strategic net-zero technologies as listed in Annex 1, shall be rejected if the economic operator originates from a country whose economic operators, goods and services are the subject to an IPI measure as defined in the Regulation 2022/1031/EU of the European Parliament and of the Council, especially the Articles 6 and 8.
Amendment 149 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Union’s decarbonisation objectives, security of energy supply, digitalisation of the energy system and electrification of demand, for example in mobility and the need for fast recharging points, require an enormous expansion of electricity grids in the European Union, both at transmission level and at distribution level. At transmission level, high-voltage direct current (HVDC) systems are needed to connect offshore renewable energies; while at distribution level, connecting electricity providers and managing demand-side flexibility builds on investments in innovative grid technologies, such as electric vehicles smart charging (EVSC), energy efficiency building and industry automation and smart controls, advanced meter infrastructure (AMI) and home energy management systems (HEMS). The electricity grid needs to interact with many actors or devices based on a detailed level of observability, and hence availability of data, to enable flexibility, smart charging and smart buildings with smart electricity grids and small scale flexibility services enabling demand side response from consumers and the uptake of renewables. Connecting the net-zero technologies to the network of the European Union requires the substantial expansion of manufacturing capabilities for electricity grids in areas such as offshore and onshore cables, substations and transformers.
Amendment 154 #
Proposal for a regulation
Recital 9
Recital 9
(9) Additional policy effort is necessary to support those technologies that are commercially available and have a good potential for rapid scale up to support the Union’s 2030 and 2050 climate targets, improve the security of supply for net-zero technologies and their supply chains, and safeguard or strengthen the overall resilience and competitiveness of the Union’s energy system. It includes access to a safe and sustainable source of best in class fuels, as described in recital 8 of Commission Delegated Regulation (EU) 2022/1214.
Amendment 160 #
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. These 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, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 186 #
Proposal for a regulation
Recital 13
Recital 13
(13) The development of carbon capture and storage solutions for industry is confronted with a coordination failure. On the one hand, despite the growing CO2 price incentive provided by the EU Emissions Trading System, for industry to invest into capturing CO2 emissions making such investments economically viable, they face a significant risk of not being able to access a permitted geological storage site. On the other hand, investors into first CO2 storage sites face upfront costs to identify develop and appraise them even before they can apply for a regulatory storage permit. Transparency about potential CO2 storage capacity in terms of the geological suitability of relevant areas and existing geological data, in particular from the exploration of hydrocarbon production sites, can support market operators to plan their investments. Member State should make such data publicly available and report regularly in a forward-looking perspective about progress in developing CO2 storage sites and the corresponding needs for injection and storage capacities above, in order to collectively reach the Union-wide target for CO2 injection capacitystorage.
Amendment 195 #
Proposal for a regulation
Recital 14
Recital 14
(14) A key bottleneck for carbon capture investments that are today increasingly economically viable is the availability of operating CO2 storage sites in Europe, which underpin the incentives from Directive 2003/87/EC. To scale up the technology and expand its leading manufacturing capacities, the EU needs to develop a forward-looking supply of permanent geological CO2 storage sites permitted in accordance with Directive 2009/31/EU36 . By defining a Union target of 50 million tonnes of annual operational CO2 injection capacitystorage by 2030, in line with the expected capacities needed in 2030, the relevant sectors can coordinate their investments towards a European Net- Zero CO2 transport and storage value chain that industries can use to decarbonise their operations. This initial deployment will also support further CO2 storage in a 2050 perspective. According to the Commission’s estimates, the Union could need to capture up to 550 million tonnes of CO2 annually by 2050 to meet the net zero objective37 , including for carbon removals. Such a first industrial-scale storage capacity will de-risk investments into the capturing of CO2 emissions as important tool to reach climate neutrality. When this regulation is incorporated into the EEA Agreement, the Union target of 50 million tonnes of annual operational CO2 injection capacitystorage by 2030 will be adjusted accordingly. _________________ 36 Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance), (OJ L 140, 5.6.2009, p. 114). 37 In depth analysis in support of the Commission Communication (2018/773) A Clean Planet for all. A European long-term strategic vision for a prosperous, modern, competitive and climate neutral economy.
Amendment 204 #
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategic projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most-cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition and possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 50 million tonnes of annual operational CO2 injection capacity by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solution is available ahead of demand. In order to ensure a timely, Union-wide and cost- effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production, refining and supply in the EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties.
Amendment 208 #
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategic projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most-cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition and possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 50 million tonnes of annual operational CO2 injection capacitystorage by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solution is available ahead of demand. In order to ensure a timely, Union-wide and cost- effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production in the EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties.
Amendment 210 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Considering the need for periodic evaluation and potential adjustments, the Commission should conduct assessments every five years to assess targets for CO2 storage. Should the need arise, the Commission shall propose updates through delegated acts.
Amendment 217 #
Proposal for a regulation
Recital 17
Recital 17
(17) To address security of supply issues and contribute to supporting the resilience of Union’s energy system and decarbonisation and modernisation efforts, the net-zero technology manufacturing capacity in the Union needs to expand. Union manufacturers of solar photovoltaic (PV) technologies need to increase their competitive edge and improve security of supply perspectives, by aiming to reach at least 30 gigawatt of operational solar PV manufacturing capacity by 2030 across the full PV value chain, in line with the goals set out in the European Solar Photovoltaic Industry Alliance, which is supported under the Union’s Solar Energy Strategy.38 Union manufacturers of wind and heat pump technologies need to consolidate their competitive edge and maintain or expand their current market shares throughout this decade, in line with the Union’s technology deployment projections that meet its 2030 energy and climate targets.39 This translates into a Union manufacturing capacity for wind of at least 36 GW and, respectively, for heat pumps of at least 31 GW in 2030. Union manufacturers of batteries and electrolysers need to consolidate their technology leadership and actively contribute to shaping these markets. For battery technologies this would mean contributing to the objectives of the European Battery Alliance and aim at almost 90% of the Union’s battery annual demand being met by the Union’s battery manufacturers, translating into a Union manufacturing capacity of at least 550 GWh in 2030. For EU electrolyser manufacturers, the REPowerEU plan projects 10 million tonnes of domestic renewable hydrogen production and a further up to 10 million tonnes of renewable hydrogen imports by 2030. To ensure EU’s technological leadership translates into commercial leadership, as supported under the Electrolyser Joint Declaration of the Commission and the European Clean Hydrogen Alliance, EU electrolyser manufacturers should further boost their capacity, such that the overall installed electrolyser capacity being deployed reaches at least 100 GW hydrogen by 2030. Furthermore, the RePowerEU Plan sets an objective of boosting biomethane production to 35 bcm by 2030. Biomethane, with its supply chain largely based in Europe today, already contributes to Europe’s resilience—a contribution that should be further promoted. _________________ 38 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Solar Energy Strategy, SWD(2022) 148 final, 18.05.2022. 39 As per REPowerEU objectives set out in the REPowerEU Plan, COM/2022/230 final, and accompanying Commission Staff Working Document Implementing the Repower EU Action Plan: Investment Needs, Hydrogen Accelerator and achieving the Bio-Methane Targets Accompanying the Document : Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU Plan, SWD/2022/230 final, 18.05.2022
Amendment 223 #
Proposal for a regulation
Recital 18
Recital 18
(18) Considering these objectives together, while also taking into account that for certain elements of the supply chain (such as inverters, as well as solar cells, wafers, and ingots for solar PV or cathodes and anodes for batteries) the Union manufacturing capacity is low, the Union net-zero technologies annual manufacturing capacity should aim at approaching or reaching an overallcover at least 50% of annual deployment needs by 2030 for the technologies listed in the Annex. In addition to this general objective, specific objectives for each technology should be established. Moreover, the Union net-zero technologies annual manufacturing benchmark ofcapacity should cover at least 4025% of annuglobal deployment needs by 2030 for the technologies listed mand for the corresponding the Annex echnologies.
Amendment 237 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain competitiveness and reduce current strategic import dependencies in key net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive and innovation friendly. The Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way and to reduce administrative burden and level the playing field with international competitors.
Amendment 256 #
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additional criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental, governance and innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability and resilience in relation to a series of criteria relating to the tender’s environmental sustainability, compliance with human rights laws, adherence to EU governance rules and reporting obligations innovation, system integration and to resilience.
Amendment 264 #
Proposal for a regulation
Recital 28
Recital 28
(28) For the purposes of taking into account within a public procurement procedure of the need to diversify sources of supply of net-zero technologies away from single sources of supply within the meaning of Article 19 (2), and without prejudice to the Union’s international commitments, the supply should at least be deemed insufficiently diversified where a single source supplies for more than 650% of the demand for a specific net-zero technology within the Union.
Amendment 266 #
Proposal for a regulation
Recital 29
Recital 29
(29) For the purposes of setting up schemes benefitting households, companies or consumers which incentivise the purchase of net-zero technology final products, and without prejudice to the Union’s international commitments, the supply should be deemed insufficiently diversified where a single source supplies more than 650% of the total demand for a specific net- zero technology within the Union. To ensure a consistent application, the Commission should publish a yearly list starting on the date of application of this Regulation, of the distribution of the origin of net zero technology final products which fall under this category, broken down by the share of Union supply originating in different sources in the last year for which data is available.
Amendment 267 #
Proposal for a regulation
Recital 30
Recital 30
(30) Council Decision 2014/115/EU approved in particular the amendment to the World Trade Organisation Agreement on Government Procurement (the ‘GPA’)46 . The aim of the GPA is to establish a multilateral framework of balanced rights and obligations relating to public contracts with a view to achieving the liberalisation and expansion of world trade. For contracts covered by the European Union’s Appendix I to the GPA, as well as by other relevant international agreements by which the Union is bound, including free trade agreements and the Article III:8(a) of the General Agreement on Tariffs and Trade of 1994 for procurement by governmental agencies of products purchased with a view to commercial resale or with a view to use in the production of goods for commercial sale, contracting authorities and contracting entities should not apply the requirements of Article 19 (1) point (d) to economic operators of sources of supply that are signatories to the agreements. _________________ In view of safeguarding a level playing field and reciprocity between European and third country entities and given the importance of ensuring an economically efficient green transition, the Commission should make sure that the relevant provisions of the International Procurement Instrument, Regulation (EU) 2022/103145a, are applied when awarding contracts to third country entities in international public procurement procedures. _________________ 45a Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third- country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (OJ L 173, 30.6.2022, p. 1–16) 46 Council decision 2014/115/EU of 2 December 2013 on the conclusion of the Protocol Amending the Agreement on Government Procurement, (OJ L68, 7.3.2014, p. 1).
Amendment 271 #
Proposal for a regulation
Recital 31
Recital 31
(31) The application of the provisions on resilience in public procurement procedures set out in Article 19 should be without prejudice to the application of Regulation 2022/1031/EU of the European Parliament and the Council46a, Article 25 of Directive 2014/24/EU of the European Parliament and of the Council47 , and Articles 43 and 85 of Directive 2014/25/EU of the European Parliament and of the Council48 , as according with the Commission’s guidance of 201949 . The same way, public procurement provisions should continue to apply to works, supplies and services subject to Article 19, including article 67 (4) of Directive 2014/24/EU and any implementing measures resulting from the Proposal for a Regulation establishing a framework for setting ecodesign requirements for sustainable products. _________________ 46a Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third- country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (OJ L 173, 30.6.2022, p. 1–16) 47 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 48 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 49 Communication from the Commission: Guidance on the participation of third country bidders and goods in the EU procurement market, Brussels, 24.7.2019, C(2019) 5494 final.
Amendment 282 #
Proposal for a regulation
Recital 35
Recital 35
(35) Households, consumers and final consumers are an essential part of the Union’s demand for net-zero technologies final products and public support schemes to incentivize the purchase of such product by households, in particular for vulnerable low- and lower middle-class income households and consumers, are important tools to accelerate the green transition. Under the solar rooftop initiative announced in the EU solar strategy52 , Member States should for instance set-up national programmes to support the massive deployment of rooftop solar energy. In the REPowerEU plan, the Commission called Member States to make full use of supporting measures which encourage switching to heat pumps. Such support schemes set up nationally by Member States or locally by local or regional authorities should also contribute to improving the sustainability and resilience of the EU net-zero technologies. Public authorities should for instance provide higher financial compensation to beneficiaries for the purchase of net-zero technology final products that will make a higher contribution to resilience in the Union. Public authorities should ensure that their schemes are open, transparent and non-discriminatory, so that they contribute to increase demand for net-zero technology products in the Union. Public authorities should also limit the additional financial compensation for such products so as not to slow down the deployment of the net-zero technologies in the Union. To increase the efficiency of such schemes Member States should ensure that information is easily accessible both for consumers and for net-zero technology manufacturers on a free website. The use by public authorities of the sustainability and resilience contribution in schemes targeted at consumers or households should be without prejudice to State aid rules and to WTO rules on Subsidies. _________________ 52 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions : EU Solar Energy Strategy, COM(2022) 221 final, 18.05.2022.
Amendment 291 #
Proposal for a regulation
Recital 39
Recital 39
(39) As indicated in the Communication on the Green Deal Industrial Plan for the Net-Zero Age, published on 1 February 2023, the Union’s industry’s market shares are under strong pressure, due to subsidies in third countries which undermine a level playing field. Some third countries are rolling out support schemes that aim at anchoring and attracting clean tech industry. This situation presents a competitive challenge fieldor the EU to maintain and develop its own industry. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal framework, including its trade defence instruments in order to compete globally defending open and fair trade by making full and efficient use of all available tools, and promoting European standards for key net zero technologies.
Amendment 294 #
Proposal for a regulation
Recital 40
Recital 40
(40) Access to public and private finance is key for ensuring the Union’s open strategic autonomy and for establishing a solid and competitive manufacturing base for net-zero technologies and their supply chains across the Union. The majority of investments necessary to reach the Green Deal objectives will come from private capital53 attracted by the growth potential of the net- zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero manufacturing projects. Swift progress towards the Capital Markets Union is thus necessary for the EU to deliver on its net-zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sector. As indicated in the Staff Working Document accompanying this Regulation53a, investment needs amount to around EUR 92 billion over the period 2023-2030, with a range between about EUR 52 billion to around EUR 119 billion depending on various scenarios, which would result in public funding requirements of EUR 16 – 18 billion. _________________ 53 Commission Staff Working Document Identifying Europe's recovery needs Accompanying the document Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - Europe's moment: Repair and Prepare for the Next Generation, SWD(2020) 98 final, Identifying Europe's recovery needs, 27.05.2020. 53a Commission Staff Working Document Investment Needs Assessment and Funding Availabilities to Strengthen EU's Net-Zero Technology Manufacturing Capacity Accompanying the document 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), SWD(2023) 68 final, Investment Needs Assessment and Funding Availabilities to Strengthen EU's Net-Zero Technology Manufacturing Capacity, 23.03.2023
Amendment 301 #
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA, to avoid a fragmentation of the EU single market. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes.
Amendment 304 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) In order to ensure consistency between different existing tools to boost investments in net-zero technologies, the European Commission should ensure that strategic net zero technologies as defined in the NZIA which are not covered by the TCTF must not be subject to risk of redeployment outside of the EU.
Amendment 305 #
Proposal for a regulation
Recital 42
Recital 42
(42) Several Union funding programmes, such as the Recovery and Resilience Facility, InvestEU, cohesion policy programmes or the Innovation Fund are also available to fund investments in net-zero technology manufacturing projects. The current EU budget is not sufficient for supporting the objectives of the Net-Zero Industry Act and for ensuring a level-playing field between Member States. The revision of the 2021- 2027 multiannual financial framework (MFF) should therefore provide for a European budget fit for purpose. In this regard, a European Sovereignty Fund should also provide fresh additional financial means partly dedicated to net- zero manufacturing projects contributing to the reduction of strategic dependencies in the EU.
Amendment 324 #
Proposal for a regulation
Recital 46
Recital 46
(46) The Innovation Fund also provides a very promising and cost efficient avenue to support the scaling up of manufacturing and deployment of renewableclean hydrogen and other strategic net zero technologies in Europe, thus reinforcing Europe’s sovereignty in key technologies for climate action and energy security.
Amendment 331 #
Proposal for a regulation
Recital 47
Recital 47
(47) A European Sovereignty Fund would provide a comprehensive and structural answer to the investment needs. It will for reducing strategic dependencies and ensure the open strategic autonomy of the Union. While not limited to the green and digital transitions, it will notably help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net- zero technologies, by meeting the applicable public funding requirements associated with this Regulation. This structural instrument will build on the experience of coordinated multi-country projects under the IPCEIs and seek 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.
Amendment 333 #
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. To date, EU funding sources have largely benefitted research and innovation and deployment of clean energies and related infrastructures, rather than targeting manufacturing capacity in the sector. The Net-Zero Europe Platform has a key role to play to build a comprehensive view of available and relevant funding opportunities and to discussfor net- zero industrial value chains scale-up and to discuss and coordinate support for the individual financing needs of net-zero strategic projects.
Amendment 372 #
Proposal for a regulation
Recital 55
Recital 55
(55) Net-zero technology manufacturing projects undergo lengthy and complex permitting procedures of 2-7 years, depending on the Member State, technology and value chain segment. Considering the size of required investments – in particular for gigafactory- size projects which are needed to reach the expected economies of scale – inadequate permitting creates an additional and often detrimental barrier to increase net-zero technology manufacturing capacity in the Union. In order to provide project promoters and other investors with the security and clarity needed to increase development of net-zero technologies manufacturing projects, Member States should ensure that the permit-granting process related to such projects does not exceed pre-set time limits. For Net Zero Strategic Projects the length of the permit- granting process should not exceed twelve9 months for facilities with a yearly production output of more than 1 GW, and 96 months for those with a yearly production output of less than 1 GW. For all other net-zero technology manufacturing projects, the length of the permit-granting process should not exceed eighteen12 months for facilities with a yearly production output of more than 1 GW, and twelve9 months for those with a yearly production output of less than 1 GW. For net-zero technologies for which the GW metric is not relevant, such as grids and carbon capture and storage (CCS) or carbon capture and usage (CCU) technologies, the upper limits of the aforementioned deadlines should apply. For the expansion of existing production lines, each of the aforementioned time limits should be halved.
Amendment 398 #
Proposal for a regulation
Recital 69
Recital 69
(69) At Union level, a Net-Zero Europe Platform, should be established, composed of the Member States, of the European Parliament, of representatives of the industrials alliances and chaired by the Commission. The Net-Zero Europe Platform may advise and assist the Commission and Member States on specific questions and provide a reference body, in which the Commission and Member States coordinate their action and facilitate the exchange of information on issues relating to this Regulation or the achievement of the Green Deal Industrial Plan,. The Net- Zero Europe Platform should further perform the tasks outlined in the different Articles of this Regulation, notably in relation to permitting, including one-stop shops, Net-Zero Strategic Projects, coordination of and access to financing, access to markets and skills as well as innovative net-zero technologies regulatory sandboxes. Where necessary, the Platform may establish standing or temporary subgroups and invite third parties, such as experts or representatives from net-zero industries.
Amendment 432 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) that by 2030, manufacturing capacity in the Union of the strategic net- zero technologies listed in the Annex approaches or reaches a benchmark ofcovers at least 450% of the Union’s annual deployment needs for the corresponding technologies necessary to achieve the Union’s 2030 climate and energy targets, and at least 25% of global demand for the corresponding technologies;
Amendment 445 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) the reduction of strategic dependencies for net zero technologies, while safeguarding open, fair and sustainable trade.
Amendment 470 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to net-zero technologies, except for Articles 26 and 27 of this Regulaincluding their essential components, materials and machinery that are indispensable to their production and functioning, which apply to innovative net-zero technologies. Raw materials processed materials or components falling under the scope of Regulation (EU) …/… [add footnote with publication references of the Critical Raw Materials Regulation] shall be excluded from the scope of this Regulation.
Amendment 473 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article2a Manufacturing capacity objectives within the Union 1. In order to achieve the objectives stated in Article 1(1), the following specific indicative targets should be reached by 2030: (i) The solar photovoltaic manufacturing capacity within the Union should meet at least 40% of the annual deployment needs for solar photovoltaic within the Union; (ii) The wind turbine manufacturing capacity within the Union should meet at least 85% of the annual deployment needs for wind energy within the Union; (iii) The heat pump manufacturing capacity within the Union should meet at least 60% of the annual deployment needs for heat pumps within the Union; (iv) The battery manufacturing capacity within the Union should meet at least 85% of the annual demand for batteries within the Union; (v) the electrolyser manufacturing capacity within the Union should meet at least 50% of the annual deployment needs within the Union; (vi) The manufacturing capacity of essential elements for nuclear reactors within the Union should be able to meet at least 90% of the annual deployment needs within the Union. (vii) The solar thermal manufacturing capacity within the Union should meet at least 75% of the annual deployment needs for solar thermal energy within the Union. 2. Where the Commission concludes that the Union does not achieve or risks not achieving the overall targets set out in paragraph 1, it shall propose without delay additional measures aimed at covering the identified gaps.
Amendment 477 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in- class fuels; carbon capture, utilisation, and storage technologies; and energy- system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Councilany technology that when deployed, contribute to the objectives of the Union’s climate and energy targets, and that is listed in the Annex onf the use of renewable and low-carbon fuels in maritime transport COM/2021/562 finalis Regulation.
Amendment 518 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) 'net-zero strategic projects' refers to net-zero technology manufacturing projects that are selected in accordance with the criteria set forth in Article 10 of this Regulation.
Amendment 523 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘component’ means a small parnufactured element of a net-zero technology that is manufactured and traded by a company starting from processed materials;
Amendment 533 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘innovative net-zero technologies’ means technologies which satisfy the definition of ‘net-zero technologies’, except that they have not reached a technology readiness level of at least 87, and that comprise genuine innovation which are not currently available on the market and are advanced enough to be tested in a controlled environment.
Amendment 562 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) ‘net-zero industry valley’ means a specific area, on land, which has been designated by a Member State as particularly suitable for the construction or expansion of manufacturing facilities of the net-zero industry supply chain;
Amendment 666 #
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) spatial planning and subsurface data;
Amendment 668 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Duration and requirements of the permit- granting process
Amendment 685 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) 129 months for the construction of net-zero technology manufacturing projects with a yearly manufacturing capacity of less than 1 GW;
Amendment 692 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) 182 months for the construction of net-zero technology manufacturing projects, with a yearly manufacturing capacity of more than 1 GW.
Amendment 699 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For net-zero technology manufacturing projects for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 182 months.
Amendment 721 #
Proposal for a regulation
Article 6 – paragraph 9 a (new)
Article 6 – paragraph 9 a (new)
9a. In accordance with this Regulation, the European Commission shall adopt guidelines to define a minimum set of permit-granting requirements that Member States must adhere to for net-zero technology manufacturing projects, in particular to simplify the preparatory work for promoters submitting manufacturing projects, while facilitating the instruction of requests by administrations.
Amendment 725 #
Proposal for a regulation
Article 6 – paragraph 9 b (new)
Article 6 – paragraph 9 b (new)
9b. National competent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary steps to be considered as approved, except where the principle of administrative tacit approval does not exist in the national legal system. This provision shall also apply to final decisions on the outcome of the process and for these decisions an explicit notice of tacit approval shall be send to the project promoter within a week after the tacit approval came into effect. All decisions, including a notice of tacit approval, shall be made publicly available.
Amendment 779 #
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 increasing the manufacturing capacity of a component or part in the net- zero technology value chain for which the Union heavily dependsdepends on more than 50% on imports coming from a single third country ;
Amendment 802 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv
Article 10 – paragraph 1 – point b – point iv
(iv) it adopts comprehensive low- carbon, energy and material efficiency and circular manufacturing practices, including waste heat recovery.
Amendment 810 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv a (new)
Article 10 – paragraph 1 – point b – point iv a (new)
(iva) it contributes to increase the competitiveness of SMEs.
Amendment 916 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) 96 months for the construction of net-zero strategic projects with a yearly manufacturing capacity of less than 1 GW;
Amendment 920 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) 129 months for the construction of net-zero strategic projects, with a yearly manufacturing capacity of more than 1 GW;
Amendment 926 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. For net-zero strategic technologies for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 129 months.
Amendment 941 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in public and private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance. The Commission and the Member States shall ensure this support is provided to the project promoter within six months following the submission of the request of the net-zero strategic project.
Amendment 949 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The Commission and Member States may provide administrative and operational support to net-zero strategic projects to facilitate their rapid and effective implementation, including by providing:
Amendment 964 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Member States shall allocate appropriate resources and incorporate measures to pursue the objectives of this Regulation within their national Recovery and Resilience Plans, specifically under their respective REPowerEU chapters.
Amendment 966 #
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2b. In order to reach security of supply in the Union, Member States may provide financial support to Net Zero Resilience Projects.Such support shall, without prejudice to Article 107 and Article 108 of the TFEU, be designed to address remaining financing gaps for Net Zero Resilience Projects and may include: (a) guarantees to decrease borrowing costs and reduce risk at an early stage of project development; (b) measures aimed at de-risking agreements with off-takers, including supporting off-takers established in the Union to sign off-take agreements with Net-Zero Resilience Projects.
Amendment 974 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Net-Zero Europe Platform as established in Article 28 shall discuassess financial needs and bottlenecks of net-zero strategic projects, collect potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges with the relevant industrial alliances.
Amendment 981 #
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 the net-zero strategic project promoter, discuss and advise on how the financing of its project can be completed, provide and coordinate support for its project to be completed, in particular to meet the criteria defined in Article 19(2), taking into account the funding already secured and considering at least the following elements:
Amendment 991 #
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) relevant Union funding and financing programmes, including a European Sovereignty Fund.
Amendment 995 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Within three months of this regulation entering into force, the Net- Zero Europe Platform shall issue recommendations to the Commission on how to guarantee sufficient funding, including through the EU budget, to pursue the objectives of this Act. The Platform shall issue such recommendations every two years.
Amendment 1002 #
Proposal for a regulation
Chapter III – title
Chapter III – title
III CO2 injection capacitystorage
Amendment 1007 #
Proposal for a regulation
Article 16 – title
Article 16 – title
16 Union level objective of CO2 injection capacitystorage
Amendment 1016 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
An annual injection capacitystorage of at least 50 million tonnes of CO2 shall be achieved by 2030, in storage sites located in the territory of the European Union, its exclusive economic zones or on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS) and which are not combined with Enhanced Hydrocarbon Recovery (EHR).
Amendment 1022 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Following the entry into force of this Regulation, the Commission shall conduct assessments every five years concerning targets for CO2 storage, and if necessary, propose an update by means of a delegated act.
Amendment 1089 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each entity holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC shall be subject to an individual contribution to the Union- wide target for available CO2 injection capacity set in Article 16. Those individual contributions shall be calculated pro-rata on the basis of each entity’s share in the Union’s crude oil and natural gas production, refining and supply from 1 January 2020 to 31 December 2023 and shall consist of CO2 injection capacity in a storage site permitted in accordance with Directive 2009/31/EC on the geological storage of carbon dioxide and available to the market by 2030.
Amendment 1104 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Following the receipt of the reports submitted pursuant to Article 17 (2), the Commission after having consulted Member States and interested parties, shall specify the share of the contribution to the Union CO2 injection capacitystorage objective by 2030 from entities referred to in paragraph 1.
Amendment 1107 #
Proposal for a regulation
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Within twelve months of the entry into force of the Regulation, the entities referred to in paragraph 1 shall submit to the Commission a plan detailing how they intend to meet their contribution to Union CO2 injection capacitystorage objective by 2030. Those plans shall:
Amendment 1123 #
Proposal for a regulation
Article 18 – paragraph 5 – introductory part
Article 18 – paragraph 5 – introductory part
5. To meet their targeted volumes of available injection capacitystorage, entities referred to in paragraph 1 can do any of the following:
Amendment 1139 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Two years after the entry into force of the Regulation and every year thereafter, the entities referred to in paragraph 1 shall submit a report to the Commission detailing their progress towards meeting their contribution. The Commission shall make these reports public. In accordance with Directive 2009/31/EC, this report must include details on the newly commissioned storage capacities, the extent of its utilization, and the origins of the CO2 being stored.
Amendment 1158 #
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. To guarantee the continuous and effective implementation of this contribution over time, the Commission shall: (a) One year after the entry into force of this regulation, conduct an impact assessment to evaluate which carbon sources should be encouraged or precluded for the CO2 storage target. (b) On a rolling basis, and in accordance with the reassessment of the CO2 storage target, recalculate the pro-rata contributions of oil and gas producers, refiners, and other suppliers, based on their share in the Union’s crude oil and natural gas production.
Amendment 1162 #
Proposal for a regulation
Chapter IV – title
Chapter IV – title
IV Access to markets and global playing field of Net Zero Technologies
Amendment 1172 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. CWithout prejudice to the GPA and other international agreements by which the European Union is bound as well as applicable sectoral legislation, contracting authorities orand contracting entities shall base the award of contracts for purchase or use 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 tender, in compliance with Regulation 2022/1031/EU, 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 1189 #
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
Amendment 1196 #
Amendment 1199 #
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
(d) the tender’s contribution to resilience, taking into account: (a) the proportion of the final products originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council72 , from which more than 650% of the supply for that specific net-zero technology within the Union originates in the last year for which data is available for when the tender takes place. ; (b) the proportion of the products and components originating from a source of supply located in the Union, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council; (c) the introduction by third countries of a restrictive or distortive measure on net- zero technology or its technical and open interoperability; (d) the availability of essential spare parts for the functioning of the net-zero technology subject to the tender according to point (a) of this paragraph; (e) a commitment by the tenderer that possible changes in its supply chain during the execution of the contract will not affect adversely the execution of the contract; _________________ 72 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 1214 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Contracting authorities or contracting entities may base the award of contracts referred to in paragraph 1 on the following non-cumulative criteria, applied in an objective, transparent and non-discriminatory manner: a) where an innovative solution needs to be developed, its impact and the quality of the implementation plan, including risk management measures; b) the tender’s contribution to the energy system integration; c) social sustainability criteria applied under existing legislation.
Amendment 1217 #
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2b. This shall not preclude contracting authorities from using other non-price criteria beyond those listed in paragraphs 2 and 2a.
Amendment 1218 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilience contribution a weight between 15% and 30% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b)minimum weight of 30% of the award criteria.
Amendment 1227 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. For the implementation of the criteria referred to in paragraph 2, point (d), the contracting authorities or contracting entities refer to the latest data entered in the list referred to in Article 22(2), and the origin of supply shall be determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council.
Amendment 1230 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The contracting authority or the contracting entity shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige that authority or entity to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 10% may be presumed by contracting authorities and contracting entities to be disproportionate.This provisis Regulation shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.
Amendment 1240 #
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. Any tender submitted for the award of a supply contract in all the sectors of the net zero technologies, shall be rejected where the proportion of the products originating in third countries as determined in accordance with regulation (EU) No 952/2013 of the European Parliament and the Council, exceeds 50% of the total value of products constituting the tender. This paragraph shall apply in compliance with the provisions of the Article 85(1) of the Directive 25/2014/EU.
Amendment 1245 #
Proposal for a regulation
Article 19 – paragraph 4 b (new)
Article 19 – paragraph 4 b (new)
Amendment 1248 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Without prejudice to Article 4 of Directive (EU) 2018/2001 and Articles 107 and 108 the Treaty, and to the Union’s international commitments including the GPA and other international agreements by which the Union is bound, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall assessuse the sustainability and resilience contribution as referred to in Article 19(2) of this Regulation when designing the criteria used for ranking bids or defining eligibility criteria in the framework of auctions, the aim of which is to support the production or consumption of energy from renewable sources as defined in Article 2, point (1) of Directive (EU) 2018/2001. This shall not preclude these entities from using other non-price criteria.
Amendment 1253 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The sustainability and resilience contribution shall be given a weight between 15% andminimum weight of 30% of the award criteria, without prejudice of the possibility to give a higher weighting to the criteria in Article 19(2), points (a) and (b), where applicable under Union legislation, and of any limit for non-price criteria . By exception to point 50 of Guidelines on State aid for climate, environmental protection and energy 2022, for auctions outlined in paragraph 1, non-price criteria will be able to represent under State aid rulesp to 45% of the award criteria, providing that the criteria set in Article 19(2) represent more than 25%.
Amendment 1260 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The conditions defined in Article 19 (4a) and (4b) apply also to this Article, for the actions to deploy renewable energy sources.
Amendment 1262 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1270 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. When designing and implementing a scheme for the deployment of renewable energy sources by gateway (in the context of which aid is not allocated through a tendering procedure as described in paragraphs 20(1) to 20(3), competent public authorities may have the possibility to take into account the criteria mentioned in Article 19(2) and 19(2a) to provide higher financial amounts (as defined in Article 21(2) or to condition eligibility for the scheme).
Amendment 1281 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Articles 107 and 108 of the Treaty and Article 4 of Directive 2018/200173 and in line with the Union’s international commitments, when deciding to set up schemes benefitting households, companies or consumers which incentivise the purchase of net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a higha minimum sustainability and resilience contribution as referred in Article 19(2), by providing additional proportionate financial compensation. _________________ 73 Directive 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources
Amendment 1294 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The additional financial compensation granted by authorities in accordance with paragraph 1, due to the application of the criteria referred to in Article 19(2) (b) (c) and (d) shall not exceed 520 % of the cost of the net-zero technology final product for the consumer.
Amendment 1302 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where relevant, tThe Commission shall provide guidance on the criteria to assess the resilience and sustainability contribution of available products covered by the forms of public intervention covered under articles 19, 20 and 21.
Amendment 1352 #
Proposal for a regulation
Article 26 – title
Article 26 – title
European Net-Zero regulatory sandboxes
Amendment 1358 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States may at their own initiative establish net-zero regulatory sandboxes, if needed in collaboration with regional, local levels and other Member States, allowing for the development, testing and validation of innovative net- zero technologies, in a controlled real- world environment for a limited time before their placement on the market or putting into service, thus enhancing regulatory learning and potential scaling up and wider deployment. Member States shall establish net-zero regulatory sandboxes in accordance with paragraph 1 at the request of any company developing innovative net-zero technologies, which fulfils the eligibility and selection criteria referred to in paragraph 4(a) and which has been selected by the competent authorities following the selection procedure referred to in paragraph 4(b).
Amendment 1398 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Platform may advise and assist the Commission and Member States in relation to their actions to reach the objectives outlined in Chapter I of this Regulation, taking into account Member States’ national energy and climate plans submitted under Regulation (EU) 2018/199975 . In particular, it will provide recommendations on several key areas. These include the establishment of manufacturing benchmarks for required strategic technologies and the identification of new technologies that should be included within the scope of the regulation. The Platform will also assess investment and funding needs, provide guidance on skills development, and oversee the implementation of permitting timelines. _________________ 75 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (Text with EEA relevance.), (OJ L 328, 21.12.2018, p. 1).
Amendment 1406 #
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. The Commission and Member States may coordinate within the Platform on the Net-Zero Industrial Partnerships and also with relevant third countries to help promote the adoption of net-zero technologies globally and to support the role of Union industrial capabilities in paving the way for the global clean energy transition, in line with the overall objectives of this Regulation stemming from Article 1 of this Regulation. The Platform may periodically discussshall:
Amendment 1413 #
Proposal for a regulation
Article 28 – paragraph 4 – point a
Article 28 – paragraph 4 – point a
(a) how towhere needed, improve cooperation along the net-zero value chain between the Union and third countries;
Amendment 1414 #
Proposal for a regulation
Article 28 – paragraph 4 – point a a (new)
Article 28 – paragraph 4 – point a a (new)
(aa) ensure articulation and alignment of this regulation with other EU initiatives or temporary schemes falling under the Green deal industrial Plan;
Amendment 1415 #
Proposal for a regulation
Article 28 – paragraph 4 – point a b (new)
Article 28 – paragraph 4 – point a b (new)
(ab) monitor progress on value chains for net zero technologies, track technological and industrial changes, and identify future emerging strategic value chains;
Amendment 1416 #
Proposal for a regulation
Article 28 – paragraph 4 – point a c (new)
Article 28 – paragraph 4 – point a c (new)
(ac) monitor the timely notification of state-aid by Member states and authorisation by the Commission;
Amendment 1417 #
Proposal for a regulation
Article 28 – paragraph 4 – point a d (new)
Article 28 – paragraph 4 – point a d (new)
(ad) monitor requests for access to grants through EU funds and programs for purposes related to this regulation and, where needed, issue recommendations for coordinated, accelerated and easier procedure;
Amendment 1418 #
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) assess how to address non-tariff barriers to trade, such as through mutual recognition of conformity assessment or commitments to avoid export restrictions;
Amendment 1420 #
Proposal for a regulation
Article 28 – paragraph 4 – point c – introductory part
Article 28 – paragraph 4 – point c – introductory part
(c) identify which third countries should be prioritised for the conclusion of Net-Zero Industrial Partnerships, taking into account the following:
Amendment 1429 #
Proposal for a regulation
Article 28 – paragraph 4 – point c a (new)
Article 28 – paragraph 4 – point c a (new)
(ca) evaluate trade defence tools to counter any measures from third countries that may arise and jeopardise the objectives set in Article 1;
Amendment 1430 #
Proposal for a regulation
Article 28 – paragraph 4 – point c b (new)
Article 28 – paragraph 4 – point c b (new)
(cb) Discuss market access for European undertakings to public procurements of third countries falling under the scope of Regulation (EU) 2022/1031;
Amendment 1440 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Platform shall be composed of the Member States and of the Commission, the Commission, of the European Parliament, and of representatives of the industrials alliances. It shall be chaired by a representative of the Commission.
Amendment 1465 #
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. Where appropriate, the Platform or the Commission may invite experts, stakeholders representing civil society, trade unions and other third parties to Platform and sub- group meetings or to provide written contributions.
Amendment 1503 #
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. the number of SMEs that are part of net-zero technology manufacturing projects;
Amendment 1509 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend the list of net-zero technologies contained in Annexe, the modalities in which agreements between entities referred to in Article 18(1) and investments in storage capacity held by third parties are taken into account to meet their individual contribution set out in Article 18 (5), as well as the content of the reports referred to in Article 18 (6).
Amendment 1519 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
It shall apply from [date of entry into force]. Until [21 years following the date of application of this Regulation], Article 19 (2), point (a), (b) and (c) shall apply only to contracts concluded by central purchasing bodies as defined in Article 2 (1), point (16), of Directive 2014/24/EU and Article 2 (1), point (12), of Directive 2014/25/EU and for contracts of a value equal to or higher than EUR 25 million.
Amendment 1522 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Amendment 1528 #
Proposal for a regulation
Annex I – table 1
Annex I – table 1