BETA

26 Amendments of Tiemo WÖLKEN related to 2022/0160(COD)

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 energy production from biomass an overall assessment of its sustainability and effect on the climate neutrality target should be ensured. 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

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 9a

(9a) ’renewables go-to area’ means a specific location, whether on land or sea, which has been ~~designat~~prioritised by a Member State as particularly suitable for the installation of plants for the production of energy from renewable sources, other than biomass combustion and hydropower plants.

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 2

1. Member States shall collectively ensure that the share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least 45%. In order to reach this target, Member States shall set targets for 2025 for Wind and Solar power.

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 4

(1) By [12 years after the entry into force of the [Regulation for Nature Restoration], Member States shall identify the installed capactiy as well as land and sea areas necessary for the installation of plants for the production of energy from renewable sources that are required in order to meet their national contributions towards the 2030 renewable energy target in accordance with Article 3 of this Directive and the target of climate neutrality by 2045 at the latest, with intermediary steps. Such areas shall be commensurate with at least the estimated trajectories and total planned installed capacity by renewable energy technology set in national energy and climate plans of Member States, as updated pursuant to Article 14 of Regulation (EU) 2018/1999, and set in national long term strategies pursuant to article 15 of Regulation (EU) 2018/1999, as part of a trajectory to move to 100 % sustainable and renewable energy by 2040.

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive (EU) 2018/2001
Article 15b – paragraph 2 – point a

(a) ~~the availability of the renewable energy resources and~~ the potential for renewable energy production of the different technologies in the land and sea areas;

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive (EU) 2018/2001
Article 15 – paragraph 2 – point b

(b) the projected energy demand;, taking into account the expected energy efficiency gains as well as electrification of activities previously based on fossil fuel combustion

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive (EU) 2018/2001
Article 15b – paragraph 2 – points c a (new) and c b (new)

(ca) the potential of involving citizens and municipalities actively in the energy system as renewable self-consumers, collective self-consumers or renewable energy communities; (cb) land and sea areas with other primary uses, namely the existing Natura 2000 network, national protected areas and additional protected areas to be designated pursuant to the Union’s Commitment to protect 30% of its land and sea, all areas included in Member States’ Restoration Plans in line with their obligations under the [Nature Restoration Regulation], as well as areas included in the Member States’ Programmes of Measures in line with the Marine Strategy Framework Directive.

2022/09/19
Committee: ENVI

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, with the exception of biomass combustion plants or sourcing areas and new hydropower plants, for which no go-to areas shall be designated, taking account of 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

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 ~~significant~~low environmental impacts according to the sensitivity mapping under Article 15b(2a), in view of the particularities of the selected territory. In doing so, Member States shall:

2022/09/19
Committee: ENVI

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 to artificial and built surfaces, such as rooftops, transport infrastructure areas and their direct environment, 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~~;

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 5

— exclude Natura 2000 sites ~~and nature parks and reserves, the identified bird migratory routes~~, peatlands and other protected areas, the identified bird and marine mammal migratory routes, blue carbon ecosystems, buffer zones and ecological corridors, 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.

2022/09/19
Committee: ENVI

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 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 situ~~implement 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 closely monitored and appropriate steps are taken immediately if they do not prove to be effective.

2022/09/19
Committee: ENVI

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

Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)

Directive (EU) 2018/2001
Article 15d (new)

(5a) The following article is inserted: “Article 15d (new) Public Participation Member States shall ensure that the preparation of the plans identifying the land and sea areas necessary for the installation of plants for the production of energy from renewable sources and those designating renewables areas is open, inclusive and effective and that the public is given early and effective opportunities to participate in its elaboration. Member States shall identify the public affected or likely to be affected by, or having an interest in the plans, including natural or legal persons or their associations, organisations or groups, taking into account the objectives of this Directive and the potential impacts from its implementation on areas covered by other EU instruments. Member States shall ensure that the public referred to in the previous paragraph is informed electronically and by public notices or by other appropriate means of: i. the draft proposal, where available; ii. any relevant environmental information held by the competent authority; and iii. practical arrangements for participation, including: (i) the administrative entity from which the relevant information may be obtained, (ii) the administrative entity to which comments, opinions or questions may be submitted, and (iii) reasonable time- frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the environmental decision-making process; iv. opportunities for municipalities, residents, and the public concerned to participate in the implementation of the plans, both financially and non- financially, including through the establishment of renewable energy communities as covered by Article 2, second paragraph, point (16), and Article 22 of this Directive. In taking a decision on the plans, Member States shall take due account of the outcome of the public participation. Member States shall inform the public of the plans, including theirits text, and of the reasons and considerations upon which the decision is based, together with a summary of the results of the public consultation and how those results have been incorporated or otherwise addressed.”;

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001
Article 16 – paragraph 1 a (new)

(1a) The provisions of Article 16a(1) and Article 16b shall apply to the permit- granting processfor network assets necessary for the integration of renewable energy productionin the system which are not integrated in the permit-granting process under paragraph 1 of this Article.

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001
Article 16 – paragraph 2

(2) No later than ~~fourteen days~~one month for plants located in go-to areas and ~~one~~two months for plants located outside of go-to areas, following the receipt of the application, the competent authority shall validate the application or, if the developer has not sent all the information required to process an application, request the developer to submit a complete application within fourteen days from this request. If the developer does not submit a complete application within this deadline, the competent authority may reject the application in written form. In the event of a rejection, the competent authority shall justify its decision. The developer may resubmit a new application at any point in time following such rejection. The date of the acknowledgement of the validity of the application by the competent authority shall serve as the start of the permit- granting process. All applications deemed to be valid shall be made available to the public on the date of acknowledgement of their validity.

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001
Article 16 – paragraph 2 a (new)

(2a) Member States shall ensure and support local authorities to a degree that the financing and actual training of qualified staff, upskilling, and reskilling of their competent authorities at national, regional, and local level is proportionate with the implementation of the overall renewable energy needs established under Article 15b of this Directive, and with the planned installed renewable energy generation capacity as foreseen in their National Energy and Climate Plans updated pursuant to Article 14 of Regulation (EU) 2018/1999. The skills development shall encompass all relevant parts of the project development and authorisation and deployment chain. Members States shall report every year on average permitting procedure time by technology and human resources dedicated to the permitting procedure. The Commission shall synthesise these reports and make them public.

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001
Article 16 – paragraph 2 b (new)

(2b) Member States shall earmark all fees linked to the application and permit- granting processes for the above purpose of further financing qualified staff and improving the capacity of the relevant permitting authority.

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001
Article 16 – paragraph 3

(3) Member States shall set up or designate one or more contact points. Those contact points shall, upon request by the applicant, guide through and facilitate the entire administrative permit application and granting process. The applicant shall not be required to contact more than one contact point for the entire process. The contact point shall guide the applicant through the administrative permit application process, including the environmental related steps, in a transparent manner up to the delivery of one or several decisions by the responsible authorities at the end of the process, provide the applicant with all necessary information and involve, where appropriate, other administrative authorities. The contact point shall provide the public with information regarding their opportunities, and technical and practical aspects of installing renewables for self-consumption and in the context of renewable energy communities, as required by Article 18(6) of this Directive. The contact point shall ensure fulfilment of the deadlines for the permit- granting procedures set out in this Directive. Applicants shall be allowed to submit relevant documents in digital form. By [2 years from entry into force] Member States shall ensure that all procedures are carried out in electronic format.

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001
Article 16 – paragraph 6 a (new)

(6a) Member States shall ensure that, in accordance with their national legal system and Article 9 of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (the ‘Aarhus Convention’), members of the public concerned who meet the conditions set out in paragraph (b), including natural or legal persons or their associations, organisations or groups, have - where appropriate - access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions that: - fail to comply with the legal obligations provided for in Articles 15b, 15c, [15d,] 16a, and 16b of this Directive; or - are subject to Article 10 of Regulation (EU) 2018/1999.

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001
Article 16 – paragraph 7 a (new)

(7a) Member States shall ensure that applicants are allowed to submit all relevant documents also in digital form. Member States shall further ensure the digitalization of the public hearings and the participation procedures as much as possible.

2022/09/19
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive (EU) 2018/2001
Article 16c – title

~~Permit-granting process for the installation~~Accelerated deployment of solar energy equipment in artificial structures

2022/09/19
Committee: ENVI

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 in~~For 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 staill~~ation 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

Proposal for a directive
Article 2 – paragraph 1 – point 1

Directive 2010/31/EU
Article 9a – paragraph 2 – point a

(a) by 31 December 2026, on all new public and commercial buildings with useful floor area larger than 25100 square meters;

2022/09/19
Committee: ENVI

Proposal for a directive
Article 2 – paragraph 1 – point 1

Directive 2010/31/EU
Article 9a – paragraph 2 – point b

(b) by 31 December 2027, on all existing public and commercial buildings with useful floor area larger than 2150 square meters; and

2022/09/19
Committee: ENVI

Proposal for a directive
Article 2 – paragraph 1 – point 1

(ca) by 31 December 2032, on all existing residential buildings with useful floor area larger than 150 square meters

2022/09/19
Committee: ENVI