79 Amendments of Tiemo WÖLKEN related to 2023/0081(COD)
Amendment 14 #
Proposal for a regulation
Recital 3
Recital 3
(3) Regarding external aspects, in particular regarding emerging markets and developing economies, the EU will seek win-win partnerships in the framework of its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain, to the achievement of global climate objectives as well as to partner countries’ efforts to pursue twin transition and develop local value addition.
Amendment 28 #
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 technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation,carbon capture and storage technologies, and energy- system related energy efficiency technologies and their supply chains, as well as circular manufacturing technologies for improving energy and material efficiency in industrial processes, 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 andquality jobs and sustainable growth.
Amendment 34 #
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 technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storagecarbon capture, and storage technologies, circular economy technologies including recycling technologies, and energy-system related energy efficiency technologies 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 49 #
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 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 58 #
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 71 #
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 capacity. At the same time, CO2 injection capacity sites should comply with the applicable environmental standards and ensure the safety of their operations, including the rules laid out in Directive 2009/31/EC and the ‘Do No Significant Harm’ principle within the meaning of Regulation (EU) 2020/852.
Amendment 77 #
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 capacity by 2030 to be used for residual emissions from energy- intensive sectors with unavoidable CO2 generation, 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 capacity by 2030 will be adjusted accordingly. In addition, the Commission should set out a new target for 2040 three years after entry into force of this regulation in order to reflect the requirements of the Union’s 2040 climate target. _________________ 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 87 #
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target by storing residual emissions from energy- intensive sectors with unavoidable CO2 generation 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 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, ensuring fair and non-discriminatory access to the storage sites.
Amendment 90 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Union has helped build a global economic system based on open and rules-based trade, pushed for respecting and advancing social and environmental sustainability and climate transition standards, and is fully committed to those values.
Amendment 96 #
(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 GW85% of annual deployment needs and, respectively, for heat pumps of at least 31 GW60% of annual deployment needs 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 980% 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 annually reaches at least 100 GW50% of hydrogen by 2030. _________________ 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 101 #
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 capacity should aim at approaching or reaching an overall annual manufacturing benchmark of at least 40% of annual deployment needs by 2030 for the technologies listed in the Annex , without prejudice to sector- specific indicative targets.
Amendment 110 #
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, while ensuring regional and social cohesion in view of overcoming structural differences between regions as well as social inequalities.
Amendment 116 #
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should submit updated drafts of their 2021-2030 National Energy and Climate Plans (NECPs) in June 202340 . As emphasised in the Commission’s Guidance to Member States for the update of the 2021-2030 national energy and climate plans41 , the updated plans should describe Member States’ objectives and policies to facilitate the scale-up of manufacturing projects of commercially available energy efficient and low-carbon technologies, equipment and key components within their territory. Those plans should also describe Member States’ objectives and policies to achieve such scale-up through diversification efforts in third countries, and to enable theirindustries other than the oil and gas industriesy to capture and store residual CO2 emissions from energy-intensive sectors with unavoidable CO2 generation permanently in geological storage sites. _________________ 40 Member States shall update their national plans for 2021-2030 by June 2023 (draft plans) and June 2024 (final plans). See Article 14 and requirements of Chapter 2 and Annex I of the Regulation (EU) 2018/1999. 41 Commission Notice on the Guidance to Member States for the update of the 2021- 2030 national energy and climate plans 2022/C 495/02, (OJ C 495, 29.12.2022, p. 24).
Amendment 119 #
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, the Communication on the Green Deal Industrial Plan for the Net- Zero Age42 sets out a comprehensive approach to support a clean energy technology scale up based on four pillars in order to achieve the Union's climate transition objectives. The first pillar aims at creating a regulatory environment that simplifies and fast-tracks permitting for new net-zero technology manufacturing and assembly sites and facilitates the scaling up of the net-zero industry of the Union. The second pillar of the plan is to boost investment in and financing of net- zero technology production, through the revised Temporary Crisis and Transition Framework adopted in March 2023 and the creation of a European Sovereignty fund to preserve the European edge on critical and emerging technologies relevant to the green and digital transitions. The third pillar relates to developing the skills and quality jobs needed to make the transition happen and increase the number of skilled workers in the clean energy technology sector. The fourth pillar focuses on trade and the diversification of the supply chain of critical raw materials. That includes creating a critical raw materials club, working with like-minded partners to collectively strengthen supply chains and diversifying away from single suppliers for critical input, in full compliance with social and labour standards. _________________ 42 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: A Green Deal Industrial Plan for the Net-Zero Age, COM/2023/62 final, 01.02.2023.
Amendment 124 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) In order to encourage demand for sustainable and resilient net-zero technologies, Member States should use their purchasing power to promote Sustainable Public Procurement (SPP) to ensure a good balance between the three pillars of sustainable development - economic, social and environmental - when procuring goods or services.
Amendment 139 #
Proposal for a regulation
Recital 50
Recital 50
(50) At the same time, the unpredictability, complexity and at times, excessive length of national permit- granting processes undermines the investment security needed for the effective development of net-zero technologies manufacturing projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedures. In addition, Net-Zero Strategic Projects should be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them, without preventing competent authorities to streamline permitting for other net-zero technologies manufacturing projects that are not Net- Zero Strategic Projects or more generally. In order to ensure that net-zero manufacturing projects and net-zero strategic projects can be treated with priority, Member States should ensure that the competent authorities are adequately equipped and staffed.
Amendment 146 #
Proposal for a regulation
Recital 51
Recital 51
Amendment 156 #
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 twelve months for facilities with a yearly production output of more than 1 GW, and 9 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 eighteen months for facilities with a yearly production output of more than 1 GW, and twelve 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 158 #
Proposal for a regulation
Recital 56
Recital 56
(56) In addition, given the importance of Net Zero Strategic Projects for the Union’s energy supply certain administrative restrictions should be partly lifted or simplified to speed up their implementation, as long as this does not impede the quality of potential environmental assessments.
Amendment 162 #
Proposal for a regulation
Recital 57
Recital 57
(57) The environmental assessments and authorisations required under Union law, including in relation to water, air, ecosystems, habitats, biodiversity and birds, are an integral part of the permit granting procedure for a net zero technologies manufacturing project and an essential safeguard to ensure negative environmental impacts are prevented or minimised in line with the 'Do No Significant Harm' principle. In particular, designated Natura 2000 areas should not be eligible to host net-zero manufacturing projects due to the disruptive nature of large-scale industrial installations for protected flora and fauna. However, to ensure that permit granting procedures for net zero technologies manufacturing projects are predictable and timely, any potential to streamline the required assessments and authorisations while not lowering the level of environmental protection should be realised. In that regard, i, with exemptions only granted in cases of exceptional risks for the health and safety of workers or of the general population. It should be ensured that the necessary assessments are bundled to prevent unnecessary overlap and it should be ensured that project promoters and responsible authorities explicitly agree on the scope of the bundled assessment before the assessment is carried out to prevent unnecessary follow-up. In this spirit, the public should always be consulted as early as possible, in order to ensure broad public support for net-zero technology manufacturing projects.
Amendment 175 #
Proposal for a regulation
Recital 60 a (new)
Recital 60 a (new)
(60a) Member States may designate Net- Zero Industry Valleys as areas that are particularly suitable to develop net-zero manufacturing projects and strategic projects, in order to further accelerate permitting procedures and allocate financial support. Given their role in ensuring the Union’s security of supply for net-zero technologies, and their contribution to the Union’s open strategic autonomy and the green and digital transition, responsible permitting authorities should consider net-zero manufacturing projects in Net-Zero Industry Valleys to be in the public interest. Based on its case-by-case assessment, a responsible permitting authority may conclude that the public interest served by the project overrides the public interests related to nature and environmental protection and that consequently the project may be authorised, provided that all relevant conditions set out in Directive 2000/60/EC, Directive 92/43/EEC and Directive 2009/147/EC63 are met. When designating Net-Zero Industry Valleys, Member States should respect the 'Do No Significant Harm' principle and should not establish valleys in designated Natura 2000 areas or areas protected by the Nature Restauration Regulation. Member States can designate Net-Zero Industry Valleys specific for one or more types of net-zero technologies and should indicate the type or types of projects that are suitable for each Net-Zero Industry Valley. When allowing companies to set up projects in Net-Zero Industry Valleys, Member States should assess the compliance of these companies with the highest social standards, including a living wage, job security and access to social protection, lifelong learning opportunities, good working conditions in safe and healthy workplaces, reasonable working time with a good work-life balance, as well as trade union representation and bargaining rights. Member States and the Commission should furthermore ensure financial support including through the European Social Fund, Just Transition Fund, European Regional Development Funds and Single Market Programme.
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of commercially available net-zero technologies in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobs.
Amendment 194 #
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, including their key components and machinery required for their manufacture, reaches a benchmark of at least 40% of the Union’s annual deployment needs for the corresponding technologies necessary to achieve the Union’s 2030 climate and energy targets; and specific indicative targets for the following strategic net-zero technologies:
Amendment 197 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point i (new)
Article 1 – paragraph 2 – point a – point i (new)
i) the wind turbine manufacturing capacity in the Union is able to meet at least 85% of the wind annual deployment needs within the Union;
Amendment 198 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point ii (new)
Article 1 – paragraph 2 – point a – point ii (new)
ii) the heat pump manufacturing capacity within the Union is able to meet at least 60% of the heat pump annual deployment needs within the Union;
Amendment 199 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii (new)
Article 1 – paragraph 2 – point a – point iii (new)
iii) the battery manufacturing capacity within the Union is able to meet at least 80% of the battery annual demand within the Union;
Amendment 200 #
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iv (new)
Article 1 – paragraph 2 – point a – point iv (new)
iv) the electrolyser manufacturing capacity within the Union is able to meet at least 50% of the hydrogen annual deployment needs within the Union.
Amendment 210 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Where, based on the report referred to in Article 35, the Commission concludes that the Union is likely not to achieve the objectives set out in paragraph 1this Article or that those objectives are not fit for purpose, it shall assess the feasibility and proportionality of proposing measures or exercising its powers at Union level, including by means of a legislative proposal, in order to ensure the achievement of those objectives.
Amendment 216 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 namely wind, solar (solar thermal and solar photovoltaic) and geothermal energy; 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 reacto, including renewable hydrogen, for use in sectors which cannot be directly electrified; sustainable alternative fuels technologies meaning e-fuel production for aviation and shipping from e- ammonia, e-methanol, e-liquid H2 and e- kerosene; electrolysers, and related best-fuel cells, in-class fuelsuding technologies for renewable hydrogen; 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 for reducing residual emissions in energy-intensive sectors with unavoidable CO2 generation; energy- system related energy efficiency technologies; circular manufacturing technologies for improving energy and material efficiency in industrial processes. They refer to the commercially available final products, specific compon 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 Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 finalts and specific machinery used for the production of those products. They shall have reached a technology readiness level of at least 8.
Amendment 234 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘component’ means a small part of a net- zero technology that is manufactured and traded by a company starting from processed materials exclusively for use in net-zero technologies;
Amendment 237 #
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 8, and that comprise genuine innovation which helps achieve the objectives of this Regulation through improved energy or resource efficiency, sustainability, circularity or reduced carbon impact, and which are not currently available on the market and are advanced enough to be tested in a controlled environment.
Amendment 244 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) ‘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 252 #
Proposal for a regulation
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘CO2 injection capacity’ means the annual amount of CO2 that can be injected in an operational geological storage site, permitted under Directive 2009/31/EC and in line with the ‘Do No Significant Harm’ principle within the meaning of Article 17 of Regulation (EU) 2020/852, with the purpose to reduce emissions or increase carbon removals in energy-intensive sectors with unavoidable CO2 generation, in particular from large scale industrial installations and which is measured in tonnes per annum;
Amendment 315 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 9 of Directive 2011/92/EU, the project promoter concerned shall request an opinion to the competent authority referred to in Article 4 on the scope and level of detail of the information to be included in the environmental impact assessment report pursuant to Article 5(1) of that Directive. The national competent authority shall ensure that the opinion referred to in the first subparagraph includes the results of a consultation of the public pursuant to Article 8 of Directive 2011/92/EU and is issued as soon as possible and within a period of time not exceeding 30 days from the date on which the project promoter submitted its request, provided that this request includes all required documentation.
Amendment 326 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 a (new)
Article 7 – paragraph 2 – subparagraph 3 a (new)
The application of the joint or coordinated procedure shall not affect the content or quality of the environmental impact assessment.
Amendment 343 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The timeframes for consulting the public concerned on the environmental report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer thanat least be 30 days and not exceed 45 days. In cases falling under the second sub-paragraph of Article 6(4), this period shall be extended to 90 days.
Amendment 350 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. In exceptional cases, where the nature, complexity, location or size of the request so requires, the national competent authority may extend the time limits referred to in paragraph 1 and 4 by a maximum of 30 days before their expiry and on a case-by-case basis. Where the national competent authority considers that the request raises exceptional risks for the health and safety of workers or of the general population, and where additional time is necessary to establish that adequate safeguards are put in place, they shall extend those time limits by a further 180 days, before their expiry and on a case-by-case basis.
Amendment 354 #
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. The national competent authority shall ensure that the project promoter’s request is aligned with the promoter’s obligations under Articles 4, 5, 6, 7, 8 and 15 of [Directive 2022/0051 (COD), Directive on Corporate Sustainability Due Diligence], Article 19a of Directive (EU) 2022/2464 and fulfils the requirements of the ‘Do No Significant Harm’ principle within the meaning of Article 17 of Regulation (EU) 2020/852.
Amendment 361 #
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
4c. Where a project promoter's request would affect a designated Natura 2000 area, the national competent authority shall not consent to the project promoter’s request.
Amendment 364 #
Proposal for a regulation
Article 7 – paragraph 4 d (new)
Article 7 – paragraph 4 d (new)
4d. The Member States shall ensure that their national competent authorities and other authorities pursuant to Article 6(1) of Directive 2011/92/EU are adequately equipped to fulfil its obligations under this Article.
Amendment 377 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where plans include provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects, are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where relevant, that combined assessment shall also address the impact on potentially affected water bodies and verify whether the planspecific projects under the plan could potentially prevent a water body from achieving good status or good potential or cause deterioration of status or of potential referred to in Article 4 of Directive 2000/60/EC or would potentially hamper that a water body achieves good status or good potential. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU, these impacts shall also be covered by the combined assessment. The combined assessment shall not affect the content or quality of the assessment.
Amendment 380 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The provisions set out in this Regulation are without prejudice to the obligations under Articles 6 and 7 of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, in particular with regard to Articles 4, 6, 7 and 9, signed at Aarhus on 25 June 1998, and under the UNECE Convention on environmental impact assessment in a transboundary context, signed at Espoo on 25 February 1991.
Amendment 388 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. All decisions adopted pursuant to this Section and Articles 12, 13, 14 and 213 shall be made publicly available.
Amendment 390 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 391 #
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Amendment 397 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall recognise as net-zero strategic projects net-zero technology manufacturing projects corresponding to a technology listed in the Annex and located in the Union that contributes to the realisation of the objectives set out in Article 1 of this Regulation and meet at least one of the following criteria:
Amendment 402 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – introductory part
Article 10 – paragraph 1 – point b – introductory part
(b) the net-zero technology manufacturing project has positive impact on the Union’s net-zero industry supply chain or downstream sectors, beyond the project promoter and the Member States concerned, contributing to the competitiveness and quality job creation of the Union’s net-zero industry supply chain, according to at least three ofnd its climate targets, according to the following criteria:
Amendment 412 #
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, sustainable, resource-efficient, and circular manufacturing practices, including waste heat recovery. , with a lower than industry average carbon and resource footprint;
Amendment 417 #
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 is aligned with the promoter’s obligations under Articles 4, 5, 6, 7, 8 and 15 of [Directive 2022/0051 (COD)], Article 19a of Directive (EU) 2022/2464 and fulfils the requirements of the ‘Do No Significant Harm’ principle in the meaning of in Regulation (EU) 2020/852.
Amendment 431 #
Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(ca) the CO2storage project contributes to reducing residual emissions in energy- intensive sectors with unavoidable CO2 generation remaining after the best available techniques and all demand-side emissions reduction measures have been demonstrably applied;
Amendment 435 #
Proposal for a regulation
Article 10 – paragraph 2 – point c b (new)
Article 10 – paragraph 2 – point c b (new)
(cb) the CO2 storage project does not store emissions generated by entities holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC or other oil and gas producers importing hydrocarbons to the EU.
Amendment 439 #
Proposal for a regulation
Article 10 – paragraph 2 – point c c (new)
Article 10 – paragraph 2 – point c c (new)
(cc) the CO2 storage project fulfils the requirements of the ‘Do No Significant Harm’ principle in the meaning of Article 17 in Regulation (EU) 2020/852.
Amendment 456 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 482 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. 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 specific project is subject to an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directive 2000/60/EC, Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, 2011/92/EU or Directive 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments concerned havehas not yet been carried out, or where the principle of administrative tacit approval does not exist in the national legal system. Where the lack of reply of the relevant administrative bodies occurs frequently, Member States shall ensure that the bodies are adequately resourced to respond within the applicable time limits to future requests. This provision shall not apply to final decisions on the outcome of the process, which are to be explicit. All decisions shall be made publicly available.
Amendment 490 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. In exceptional cases, where the nature, complexity, location or size of the net-zero strategic project so requires, the national competent authority may extend the time limits referred to in paragraph 1 and 2 by a maximum of 1 month before their expiry and on a case-by-case basis. Where the national competent authority considers that the net-zero strategic project raises exceptional risks for the health and safety of workers or of the general population, and where additional time is necessary to establish that adequate safeguards are put in place, they shall extend those time limits by a further 6 months, before their expiry and on a case-by-case basis.
Amendment 507 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article15a Financing of net-zero technologies Without prejudice to the relevant provisions of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 (ETS Directive), Member States shall report annually on the percentage of revenues generated from the auctioning of the allowances pursuant to Article 10(3) of Directive 2003/87/EC that are used to support the objectives of this Regulation and more particularly with regard to the specific strategic net-zero technologies listed in the Annex of this Regulation.
Amendment 519 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The Commission shall present a report, accompanied by a legislative proposal if appropriate, to establish a new annual CO2 objective to be achieved between 2030 and 2040 by (3 years following the entry into force of the Regulation) on the the basis of the data received under Article 17 and 18.
Amendment 529 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) oblige entities holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC of the European Parliament and of the Council71 on their territory to make publicly available all geological data relating to production sites that have been decommissioned or whose decommissioning has been notified to the competent authority., including data on: _________________ 71 Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, p. 3).
Amendment 531 #
Proposal for a regulation
Article 17 – paragraph 1 – point b – point i (new)
Article 17 – paragraph 1 – point b – point i (new)
i) whether the site is suitable for injecting CO2;
Amendment 533 #
Proposal for a regulation
Article 17 – paragraph 1 – point b – point ii (new)
Article 17 – paragraph 1 – point b – point ii (new)
ii) whether transport infrastructure suitable for CO2 to reach the site is available or can be constructed.
Amendment 535 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) For the purposes of point (a), the data shall include at least the information requested in the Commission Notice on the Guidance to Member States for the update of the 2021-2030 National Energy and Climate Plans and its subsequent updates.
Amendment 537 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 (new)
Article 17 – paragraph 1 – subparagraph 1 (new)
Updated data shall be made publicly available at least every 5 years.
Amendment 538 #
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. By six months from the entry into force of this Regulation and each year thereafter, each Member State shall submit to the Commission and make available publicly a report describing:
Amendment 546 #
Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
Article 17 – paragraph 2 – point b a (new)
(ba) an assessment of each project’s compliance with the ‘Do No Significant Harm’ principle within the meaning of Article 17 of Regulation (EU) 2020/852;
Amendment 551 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the national support measures that couldhave been and will be adopted to prompt projects referred to in points (a) and (b).
Amendment 566 #
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 to be used for reducing residual emissions in energy-intensive sectors with unavoidable CO2 generation excluding gas and oil producers. 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 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 573 #
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 and make publicly available within six months the share of the contribution to the Union CO2 injection capacity objective by 2030 from entities referred to in paragraph 1 and, if necessary, revise the CO2 injection objective in Article 16, paragraph 1.
Amendment 578 #
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 and make publicly available a plan detailing how they intend to meet their contribution to Union CO2 injection capacity objective by 2030. Those plans shall:
Amendment 584 #
Proposal for a regulation
Article 18 – paragraph 4 – point b
Article 18 – paragraph 4 – point b
(b) specify the means and the milestones for reaching the targeted volume., including CO2 capture sources;
Amendment 587 #
Proposal for a regulation
Article 18 – paragraph 4 – point b a (new)
Article 18 – paragraph 4 – point b a (new)
(ba) outline how the entity ensures that the conditions for any commercial arrangements with third parties for the capture, storage and transport of CO2 are fair and non-discriminatory.
Amendment 599 #
Proposal for a regulation
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
(c) enter into agreements with third party storage, capture and transport project developers or investors to fulfil their contribution.
Amendment 603 #
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5a. The entities shall demonstrate the safety and permanence of their CO2 storage sites, including the safety of CO2 transport to the site, through independent third-party verification and provide financial guarantees concerning the safety of CO2 storage covering the whole period of CO2 storage in line with Directive 2009/31/EC and without prejudice to Directive 2004/35/EC.
Amendment 610 #
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, including related costs. The Commission shall make these reports public and include recommendations to the Member States on additional measures required to reach the CO2 injection objective.
Amendment 619 #
Proposal for a regulation
Article 18 – paragraph 7 – point b a (new)
Article 18 – paragraph 7 – point b a (new)
(ba) The list of energy-intensive sectors with unavoidable CO2 generation that will be permitted to benefit from the CO2 storage set out in this Chapter.
Amendment 622 #
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. Member States shall lay down rules on dissuasive penalties applicable to the entities referred to in paragraph 1 in case of infringement of the provisions of paragraphs 1, 4, 5 and 5a of this Article and notify these rules to the Commission within three months after entry into force of this Regulation.
Amendment 623 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article18a Regulating the market for CO2 storage and transport Within 2 years of the entry into force of this Regulation, the Commission shall propose a legislative proposal to establish a regulatory framework for CO2 storage and transport, laying down rules on open, fair and non-discriminatory access, the safety of the CO2 storage and transport network, and implementing specification standards on CO2 transport and storage.
Amendment 694 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall take into consideration this Regulation when preparing their national energy and climate plans and their updates, submitted pursuant to Articles 3, 9, and 14 of Regulation (EU) 2018/1999 and shall include a detailed analysis of their progress towards the objectives in Article 1 of this Regulation and future measures to achieve these objectives, including through cross-border cooperation, in particular as regards the dimension “research, innovation and competitiveness” of the Energy Union, and in the submission of their biennial progress reports in accordance with Article 17 of that Regulation.
Amendment 696 #
Proposal for a regulation
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. The Commission shall monitor and make publicly available the results of this monitoring on an ongoing basis:
Amendment 731 #
Proposal for a regulation
Annex – row 6
Annex – row 6