152 Amendments of Marc BOTENGA related to 2023/0081(COD)
Amendment 54 #
Proposal for a regulation
Recital 64
Recital 64
(64) The scaling up of European net- zero technology industries requires significant additional skilled workers which implies important investment needs in re-skilling and upskilltraining, including in the field of vocational education and training. This shouldmust contribute to the creation of quality jobs in line with the targets for employment and training of the European Pillar of Social Rights. The energy transition will require a significant increase in the number of skilled workers in a range of sectors, including renewable energy and energy storage, and has a great potential for quality job creation, and to the improvement of already existing jobs. A just and fair energy transition means guaranteeing high quality and equal working conditions and employment, while ensuring decent salaries. The skill needs for the fuel cell hydrogen sub-sector in manufacturing alone are estimated at 180.000 trained workers, technicians and engineers by the year 2030, according to the Commission’s European Strategic Energy Technology Plan65 [1]. In the photo- voltaic solar energy sector, up to 66.000 jobs would be needed in manufacturing alone. The European network of employment services (EURES) is providing information, advice and recruitment or placement for the benefit of workers and employers, including across internal market borders. _________________ 65 European Commission, Directorate- General for Research and Innovation, Joint Research Centre, The strategic energy technology (SET) plan, Publications Office, 2019, https://data.europa.eu/doi/10.2777/04888.
Amendment 60 #
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64a) Upskilling and reskilling are important tools, but do not guarantee quality jobs. The so-called skills mismatches and shortages are too often the result of low wages, unattractive job positions and poor working conditions. Therefore, to overcome labour problems the Commission as well as the Member States must put in place all possible measures offering decent wages, stable work contracts, good work-life balance, regular training and attractive career prospects to workers.
Amendment 62 #
Proposal for a regulation
Recital 64 b (new)
Recital 64 b (new)
(64b) Trade unions are essential to guarantee quality jobs, as a counter- power to profit maximization strategies of employers and shareholders. Workers and trade unions must be fully included at every stage of the development and implementation of EU and national industrial strategies including this Regulation and others.
Amendment 67 #
Proposal for a regulation
Recital 65
Recital 65
(65) Since strengthening the manufacturing capacity of key net-zero technologies in the Union will not be possible without a sizeable skilled workforce, it is necessary to introduce measures to boost the activation of more people to the labour market, notably women and young people not in employment, education or training (NEETs), including via skills first approaches as a complement to qualifications-based recruitment, better wages, stable work contracts, good work- life balance, regular training and attractive career prospects. In addition, in line with the objectives of the Council Recommendation on ensuring a fair transition towards climate-neutrality, specific support for job-to-job transition for workers in redundant and declining sectors are important. This means investing in skills and in quality job creation required for net-zero technologies in the Union. Building on and fully taking into account existing initiatives such as the EU Pact for Skills, EU level activities on skills intelligence and forecasting, such as by the European Centre for the Development of Vocational Training (Cedefop) and the European Labour Authority, and the Blueprints for sectoral cooperation on skills, the objective is to mobilise all actors: Member States authorities, including at regional and local levels, education and training providers, social partners and industry, in particular SMEs, to identify skills needs, develop education and training programmes and deploy these at large scale in a fast and operational manner. Net-zero strategic projects have a key role to play in this regard. Member States and the Commission may ensure financial support including by leveraging the possibilities of the Union budget through instruments such as the European Social Fund Plus, Just Transition Fund, European Regional Development Funds, the Recovery and Resilience Facility, the Modernisation Fund, REPowerEU and the Single Market Programme.
Amendment 77 #
Proposal for a regulation
Recital 68 a (new)
Recital 68 a (new)
(68a) Subcontracting often leads to higher risks of occupational accidents. Therefore, joint and several liability should be ensured along the sub- contracting chain for all sub-contractors and contractors; Contractors and sub- contractors must fully respect health and safety frameworks as well as other rules and regulations.
Amendment 78 #
Proposal for a regulation
Recital 68 b (new)
Recital 68 b (new)
(68b) European Net Zero Industry Academies shall promote measures to reduce abuses in subcontracting and guarantee joint and several liability in case of subcontracting chains.
Amendment 111 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Single Market provides the appropriate environment for enabling access at the necessary scale and pace to the technologies required to achieve the Union’s climate ambition. Given the complexity and the transnational character of net-zero technologies, uncoordinated national measures to ensure access to those technologies would have a high potential of distorting competition and fragmenting the Single market. Therefore, to safeguard the functioning of the Single markethas failed to foster and develop the necessary net-zero industry for Europe. Given market failures, the complexity and the transnational character of net-zero technologies, uncoordinated market-driven measures will guarantee neither the net- zero industry nor the quality jobs required. Therefore, it is necessary to createhrough a common Union legal framework to take this transition in public hands and collectively address this central challenge by increasing the Union’s resilience and security of supply in the field of net-zero technologies.
Amendment 114 #
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 as well as to partner countries’ efforts to pursue twin transition and, develop local value addition and foster local communities and environments in partner countries.
Amendment 123 #
Proposal for a regulation
Recital 5
Recital 5
(5) The higher energy prices enabled by the liberalisation and market failures and accelerated 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. 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 130 #
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 promotingut acknowledging its failures by promoting public and publicly-led 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 storage 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 growthquality jobs.
Amendment 136 #
Proposal for a regulation
Chapter V – title
Chapter V – title
V Enhancing skills for quality job creationGuaranteeing quality training and jobs for workers
Amendment 149 #
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
Article 23 – paragraph 1 – point c a (new)
(ca) promote, in collaboration with trade unions, knowledge concerning workers´ and social rights, including health and safety regulations;
Amendment 163 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
The Net-Zero Europe Platform referred to in Article 28 shall support the creation of quality jobs and the availability and deployment of skillsproper training in net-zero technologies, and in competent authorities and contracting authorities referred to in Chapter II and Chapter IV, through the following tasks:
Amendment 166 #
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 and diversification of sources of supply, 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, without prejudice to sound impact and risk assessment on both social and environmental consequences.
Amendment 169 #
Proposal for a regulation
Article 25 – paragraph 1 – point 3
Article 25 – paragraph 1 – point 3
(3) assist the mobilisation of stakeholders including industry, social partners and education and training providers for the roll-out of learning programs developed by the European Net- Zero Industry Academies;
Amendment 175 #
Proposal for a regulation
Article 25 – paragraph 1 – point 6
Article 25 – paragraph 1 – point 6
(6) promote adequategood working conditions in jobs in net-zero technology industries, the activation of youth, women and seniors to the labour market for, decent wages and career prospectives in jobs in net- zero technology industries, and the attraction of skilled workers from third countries, and thereby achieve a more diverse workforce;
Amendment 180 #
Proposal for a regulation
Article 25 – paragraph 1 – point 7
Article 25 – paragraph 1 – point 7
(7) facilitate closer coordination and the exchange of best practices and know- how between Member States, including through open science and technology sharing, to enhance the availability of skills in the net-zero technologies, including by contributing to Union and Member States policies to attract new talents from third countries.;
Amendment 184 #
Proposal for a regulation
Article 25 – paragraph 1 – point 7 a (new)
Article 25 – paragraph 1 – point 7 a (new)
(7a) ensure equal pay for equal work while respecting the rules on minimum wages.
Amendment 185 #
Proposal for a regulation
Article 25 – paragraph 1 – point 7 b (new)
Article 25 – paragraph 1 – point 7 b (new)
(7b) prevent abuse in subcontracting chains and ensure joint and several liability.
Amendment 185 #
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, unsustainable costs, long-term safety risks, as well as a risk of "carbon lock-in". 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. When delivering a permit, authorities shall take into account the "do no significant harm" principle, and conduct sound impact and risk assessments.
Amendment 188 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 203 #
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 targetcan be defined as net-zero strategic projects, for 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 sitesmitigation of emissions from industrial processes for which electrification is not currently or in the foreseeable future technically feasible. 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 gasfossil fuel industry has affirmed its determinationshown little enthusiasm to embark on an energy transition, andlthough it possesses the assets, skills and knowledge needed to explore and develop additional storage sdo contribute. Companies and industrial activities. 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 an are in large part responsible for emissions, and citizens should not pay the price of environmental destruction. Therefore, all investments in CO2 storage capacities designed storage as a climate solution is available ahead of demand. In order to ensure a timely, Union-wide and cost- effective mitigate the emissions of private corporations shall be supported by private capital. In order to ensure a development of CO2 storage sites in line with the EU objective for injection capacity and the environmental challenges, licensees of oil and gasfossil fuel production in the EU shouldmust 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 230 #
Proposal for a regulation
Recital 20
Recital 20
(20) At the same time, net-zero technology products will contribute to the Union’s resilience and security of supply of clean energy. A secure supply of clean energy is a prerequisite for society, just economic development, as well as for public health, order and security. Net-zero technology products will also yield benefits to other strategically important economic sectors, such as farming and food production by securing access to clean energy and machinery at competitive prices, thus contributing sustainably to EU food security and to providing an increasing outlet for bio-based alternatives through circular economy. In the same way, the fulfilment of the Union’s climate ambitions will translate both into economic growth and social well-beinginto increased social well-being, an improvement of public health and long-term safety for all.
Amendment 238 #
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. Treduce dependencies and ensure the diversification of supply sources, the Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way, through public initiative and planning based on scientifically sound recommendations and people’s needs.
Amendment 242 #
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 their industries to capture and store CO2emissions permanently in geological storage site through win-win partnerships. _________________ 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 251 #
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. 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. _________________ 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 253 #
Proposal for a regulation
Recital 24
Recital 24
(24) Under the first pillar, the Union should develop and maintain an industrial basis for the provision of net-zero technology solutions to secure its energy supply, while also living up to its ambitions on climate neutrality and emissions reduction. To support that goal and to avoid dependencies for the supply of net-zero technologies that would delay the Union’s greenhouse gas emission reductions efforts or put at risk the security of supply of energy, this Regulation shall set out provisions to encourage demand forpublic production of sustainable and resilient net- zero technologies and transformation of existing infrastructures.
Amendment 255 #
Proposal for a regulation
Recital 25
Recital 25
(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 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, innovation, system integration and to resilience. The tenders should present how they intend to ensure workers’ participation to the decision taking processes, as well as their commitment to respect collective bargaining.
Amendment 275 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 278 #
Proposal for a regulation
Recital 35
Recital 35
(35) Households 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 byguarantee access for households, in particular for workers, vulnerable low- and lower middle-class income households and consumers, are important tools to accelerate the green transition. Only ambitious public plans and initiatives will guarantee this accessibility. Under the solar rooftop initiative announced in the EU solar strategy52 , Member States should for instance set-up national public programmes to support the massive deployment of rooftop solar energy, preferably by public companies. 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 alsobe part of a coherent publicly-led plan and contribute to improving the sustainability and resilience of the EU net-zero technologies. PFor the deployment of net-zero technologies and products in the framework of public planning and priorities, public authorities should for instance provide higherguarantee full financial coverage or compensation to beneficiariefamilies and households for the purchase of net-zero technology final products that will make a higher contribution to resilience in the Union, in particular through third-party payment mechanisms. 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. discriminatory. 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. _________________ 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 290 #
Proposal for a regulation
Recital 37
Recital 37
(37) The Commission should also assist Member States in theshould design of schemes targeted at households and consumers to build synergies and exchange best practices. The Net-Zero Europe Platform should also play an important role in accelerating the implementation of the sustainability and resilience contribution by Member States and public authorities in their public procurement and auctioning practices. It should issue guidance and identify best practices on how to define the contribution and use it, providing concrete and specific examples.
Amendment 292 #
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. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal framework. The Union cannot win a subsidy race with third countries, nor should it accept to enter a downward spiral on social and environmental legislation. Therefore, it is necessary to adopt an innovative European approach that replaces market- driven transitions with mission-oriented public-driven initiatives.
Amendment 297 #
Proposal for a regulation
Recital 40
Recital 40
(40) Access to finance is key for ensuring the Union’s open strategic autonomy and for establishing a solid 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 manufacturOnly public ownership offers long-term guarantees for local manufacturing, against relocation and disinvestment. Public investments necessary to reach the Green Deal objectives must therefore serve public ownership. Any European or other public funds used shall result ing 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. _________________ 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, 27.05.2020portionate public ownership. Member States should establish public and non-for-profit entities for net-zero technologies and products, and guarantee proportionate public ownership of intellectual property rights and know-how.
Amendment 299 #
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 conditionsbe conditionned to strong environmental and social criterias. These criterias will be set in close cooperation with civil society and trade unions, and without the interference of the industry. Member States can have an important role in easing access to finance for net-zero technologies public 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 wouldneeds however also to enable Member States to put in place measures to support new public investments in production facilities in defined, strategic net-zero sectors, including voffering preferential tax benefitreatment to public companes. 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 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 308 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) The provision of public subsidies must be transparent and proportionate. When public support is granted, it shall be incompatible with extraordinary dividend payments and share buybacks.
Amendment 309 #
Proposal for a regulation
Recital 42 b (new)
Recital 42 b (new)
(42b) The Commission shall publish and update regularly an aggregate and disaggregated overview of all European funds disbursed, as well of grants, loans and guarantees effectively offered to companies.
Amendment 313 #
Proposal for a regulation
Recital 45
Recital 45
(45) Member States can provide support from cohesion policy programmes in line with applicable rules under Regulation (EU) 2021/1060 of the European Parliament and of the Council57 to encourage the take up of net-zero strategic projects in less developed and transition regions through investment packages of infrastructure, productive investment in innovation, manufacturing capacity in SMEs, services, training and upskilling measure, including support to capacity building of the public authorities and promoters. The applicable co-financing rates set in programmes may be up to 85% for less developed regions and up to 60% or 70% for transition regions depending on the fund concerned and the status of the region but Member States may exceed these ceilings at the level of the project concerned, where feasible under State aid rules. The Technical Support Instrument can help Member States and regions in preparing net-zero growth strategies, improve the business environment, reducing red tape and accelerating permitting. Member States should be encouragedand encourage Member States to promote the sustainability of net-zero strategic projects by embedding these investments in European value chains, building notably on interregional and cross border cooperation networks. Public funding should guarantee productive investment, not subsidise private profit, and is therefore incompatible with extraordinary dividend payments and share buybacks. Any European or other public funds used shall result in proportionate public ownership, including of intellectual property rights and know-how. _________________ 57 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
Amendment 334 #
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. All public investment must be conditionned to high environmental and social standards. These conditions will be set by trade unions and civil society.
Amendment 344 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order for net-zero technology manufacturing projects to be deployed or expanded as quickly as possible to ensure the Union’s security of supply for net-zero technologies, it is important to create planning and investment certainty by keepreducing the administrative burden on project promoters to a minimumfor investments, without prejudice of a sound assessment of the viability and opportunity of the project. For that reason, permit-granting processes of the Member States for net zero technology manufacturing projects should be streamlined, whilst at the same time ensuring that such projects are safe, secure, environmentally performant, and comply with environmental, social and safety requirements. Union environmental legislation sets common conditions for the process and content of national permit- granting processes, thereby ensuring a high level of environmental protection. Being granted the status of Net-Zero Strategic Project should be without prejudice to any applicable permitting conditions for the relevant projects, including those set out in Directive 2011/92/EU of the European Parliament and of the Council58 , Council Directive 92/43/EEC59 , Directive 2000/60/EC of the European Parliament and of the Council60 , Directive 2004/35/EC of the European Parliament and of the Council61 , and Directive (EU) 2010/75 of the European Parliament and of the Council62 . _________________ 58 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). 59 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 60 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 61 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56). 62 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (OJ L 334, 17.12.2010, p. 17).
Amendment 346 #
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, while respecting normally applicable 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.
Amendment 360 #
Proposal for a regulation
Recital 52
Recital 52
(52) In order to reduce complexity and increase efficiency and transparency, project promoters of net-zero technologies manufacturing projects should be able to interact with a single national authority responsible for coordinating the entire permit granting process and issuing a comprehensive decision within the applicable time limit. To that end, Member States should designate or create a single national and independent competent authority. Depending on a Member State’s internal organisation, it should be possible for the tasks of the national competent authority s to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of their responsibilities, Member States should provide their national competent authority, or any authority acting on their behalf, with sufficient personnel and resources.
Amendment 361 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) The competent national authority should comply with high transparency standards. Member States should avoid revolving doors and conflicts of interest, and publish relevant information on an accessible website.
Amendment 362 #
(53) In order to ensure clarity about the permitting status of Net-Zero Strategic Projects and to limit the effectiveness of potential abusive litigation, while not undermining effective judicial review, Member States should ensure that any dispute concerning permit granting process is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to a simple dispute settlement procedure and that Net-Zero Strategic Projects are granted urgent treatment in all judicial and dispute resolution procedures relating to them while ensuring respect for the rights of defence. When the case, by its complexity or because of environmental or health and safety implications, requires a more qualitative analysis, the urgency status will be lifted and the time limits assessed on a case-by-case basis.
Amendment 377 #
Proposal for a regulation
Recital 56 a (new)
Recital 56 a (new)
(56a) In strategic sectors, Member States shall develop one or more European public or non-profit consortiums and/or industrial infrastructures operating in the public interest in order to take these sectors back into public hands, guarantee security of supply and prevent possible shortages of strategic products.
Amendment 379 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) Short-term, isolated, single stakeholder approaches are no longer sufficient to tackle environmental and climate challenges. Mission-oriented innovation policies, governance, and practices support directed action toward achieving ambitious goals.
Amendment 387 #
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63a) Member States shall be encouraged to develop their own public industrial initiatives, within the framework of a multiannual environmental and social public plan. Such investments shall be driven by the public interest only.
Amendment 397 #
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 and chaired by the Commissiongovernment representatives, trade unions, environmental organisations and local communities. The Net-Zero Europe Platform mayshall 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. The Platform shall identify, at the European and National levels, the priorities in the production of net-zero technologies. 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 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 industrie, academics or any relevant representative of the civil society, including trade unions.
Amendment 403 #
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) The Net-Zero Platform can serve to develop a coordinated EU approach to addressing the market and policy failures identified in the area of net-zero technology products. The Platform should identify priority R&I projects in the field of net zero technologies in agreement with relevant stakeholders, including trade unions, and contribute to the elaboration and implementing of a long-term European portfolio of strategic net zero R&I projects in collaboration with public and academic research centres at national or European level; ensure and follow-up on the roll-out and availability of innovative net-zero technologies. Additionally, not unlike similar entities in third countries, it can identify and promote revolutionary advances in science; promote the translation of scientific and cutting-edge inventions into technological innovations; and accelerate strategic transformational technological progress.
Amendment 405 #
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Net-Zero Industrial Partnerships will have the objective of contributing to a coordinated publicly-led agenda of large projects in priority areas where problems could be tackled by acting in concert and mobilising a critical mass of funds, as for one the North Sea. Preference shall be given to Partnerships amongst or involving publicly-owned companies.
Amendment 408 #
Proposal for a regulation
Recital 71
Recital 71
(71) The Union should aim to diversify international trade and investments in net- zero technologies and to promote globally high social and environmental standards shouldmust be done in close cooperation and partnership with like-minded countriecountries, civil society representatives and trade unions. Similarly, stronger research and innovation efforts to develop and deploy net-zero technologies should be pursued in close cooperation with partner countries in an open but assertiveand respectful approach.
Amendment 410 #
Proposal for a regulation
Recital 73
Recital 73
Amendment 417 #
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 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 international commitments such as the Paris Agreement, 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 and to reach its sustainability goals.
Amendment 448 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) the creation, and maintaining, of quality jobs.
Amendment 462 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Member States' expenses incurred for public investment to achieve the needs set out in this Regulation, shall not be considered for the application of the EU fiscal rules and deficit calculations;
Amendment 489 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable solar photovoltaic and thermal, wind and geothermal 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 reacto produced to decarbonise industrial processes for which electrification is not currently or in the foreseeable future technically feasible; electrolysers, and related best-in-class fuelsfuel cells ; carbon capture, utilisation, and storage technologies used to prevent CO2 emissions of industrial sectors for which electrification is not currently or in the foreseeable future technically feasible; 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 Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 570 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘net-zero regulatory sandbox’ means a scheme that enables undertakingMember States to test innovative net-zero technologies in a controlled real-world environment, underfollowing a specific planmission- oriented public policy, developed and monitored by a competent authority and in compliance with the precautionary principle as per Article 191 of the Treaty of the Functioning of the European Union.
Amendment 578 #
Proposal for a regulation
Article 3 – paragraph 1 – point o a (new)
Article 3 – paragraph 1 – point o a (new)
(oa) 'quality jobs' means a work providing good wages, ensuring work security via standard employment contract and access to social protection, giving access to good quality lifelong learning opportunities, securing good working conditions in safe and healthy workplaces, including a reasonable working time with good work-life balance, while ensuring trade union representation and bargaining rights.
Amendment 584 #
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, with the purpose to reduce emissions or increase carbon removals, in particular from large scale industrial installatexclusively from industrial process emissions and which is measured in tonnes per annum;
Amendment 611 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. This competent authority shall be composed of representants from the civil society, including trade unions and environmental organisations. It shall comply with the highest standards of transparency.
Amendment 629 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The national competent authority shall prioritise projects promoted by public or non-for-profit companies. If no public entity fits the production requirements, the authority may consider creating it and/or examine private projects on the condition that they are in conformity with high social and environmental standards while guaranteeing a public return on investment.
Amendment 636 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The national competent authority shall take into consideration any valid studies conductscience- based, and permits or authorisations issuindependent studies conducted, for a given project before the project entered the permit- granting process in accordance with this Article and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 649 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that the national competent authority responsible for the entire permit-granting processes, including all procedural steps, has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilladequate training, for the effective performance of its tasks under this Regulation.
Amendment 651 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Member States shall ensure sufficient funding for the national competent authority and all public services mobilised in the development of net-zero technologies.
Amendment 652 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The Platform referred to in Article 28 and 29 shall periodically discuss the implementation of this Section and Articles 12 and 13 and share best-practices for organising national competent authorities and speeding up permitting procedurreaching climate and energy objectives.
Amendment 653 #
Proposal for a regulation
Article 4 – paragraph 8 a (new)
Article 4 – paragraph 8 a (new)
8a. On a regular basis, the national competent authority shall, with the participation of trade unions and environmental organisations, identify and prioritize the deficiencies in research facilities and production. It shall communicate its findings to the Platform.
Amendment 706 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 709 #
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Where competent authorities consider that the proposed 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 may extend those time limits by a further 6 months, before their expiry and on a case-by-case basis.
Amendment 712 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. In either such event, the competent authority shall inform the project promoter of the reasons for the extension and of the date when the comprehensive decision is expected in writing.
Amendment 718 #
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. For the following net-zero technologies : renewable fuels of non- biological origin technologies; sustainable alternative fuels technologies; electrolysers and fuel cells; carbon capture, utilisation and storage technologies ; the time limits shall be assessed on a case-by-case-basis. Projects shall be preceded by a scientifically sound risk and impact assessmnent, conducted at scale. The participation of local communities, environmental organisations and trade unions shall be ensured. The project shall also be submitted to an anticipatory financial evaluation, to assess its economic viability and opportunity.
Amendment 720 #
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 764 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article9a Public support Throughout this Regulation, Member States shall ensure that: a) projects supported by public companies or non-for-profit entities get priority and preferential treatment; b) any European or national public funds used, and notably grants, will result in proportionate public ownership. Member states shall guarantee proportionate public ownership of intellectual property rights and know-how; c) any European or national public funds are conditioned to high social and environmental standards, such as quality jobs, long-term environmental impact assessment, and health and safety measures; d) any project benefitting from public financial compensation or support complies with European and applicable national legislation. Companies must guarantee and secure the participation of trade unions, and respect of collective agreements; e) for any form of public support, dividend distribution, share buybacks and variable remuneration payments are banned.
Amendment 773 #
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 Annexone of the following technologies : solar PV, solar thermal, wind, geothermal renewable energy technologies ; electricity and heat storage technologies; heat pumps and grid technologies, if identified as a priority by the Net Zero European Platform 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 782 #
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 of the following mandatory criteria:
Amendment 786 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point i
Article 10 – paragraph 1 – point b – point i
(i) it adds and offers long-term guarantees for significant manufacturing capacity in the Union for net-zero technologies;
Amendment 788 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point i a (new)
Article 10 – paragraph 1 – point b – point i a (new)
(ia) it contributes to and reinforces a publicly-led coherent strategy and development plan for net-zero technologies and industry;
Amendment 796 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iii
Article 10 – paragraph 1 – point b – point iii
(iii) it puts into place measures to attract, upskill or reskill a workforce required for net-zero technologies, including through apprenticeships, in close cooperation with social partnerwith the participation of trade unions;
Amendment 806 #
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 respects collective agreements and workers' right to organise and collective bargaining along with rights to information and consultation, also on merger and investment decisions;
Amendment 814 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv b (new)
Article 10 – paragraph 1 – point b – point iv b (new)
(ivb) it avoids redundancies and a deterioration of working conditions;
Amendment 816 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv c (new)
Article 10 – paragraph 1 – point b – point iv c (new)
(ivc) it increases the share of profit that is re-invested and shared equitably with workers and does not pay out dividends while the project is financed through any form of public funding;
Amendment 818 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv d (new)
Article 10 – paragraph 1 – point b – point iv d (new)
(ivd) its workers are covered by a collective agreement negotiated with trade unions.
Amendment 820 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 853 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 863 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for recognition of net- zero technology projects as net-zero strategic projects shall be submitted by the project promoter to the relevant Member State's national competent authority referred to in Article 4.
Amendment 870 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Where the nature, complexity, location or size of the proposed project so requires, competent authorities shall assess the time limits on a case-by-case basis.
Amendment 872 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall assess the application referred to in paragraph 1 through a fair and transparent process within a month. The absence of a decision by Member States within that time frame shall constitute an approval of the project.
Amendment 874 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Commission may provide its opinion on the approved projects. In the case of a rejection of the application by a Member State, the applicant shall have the right to submit the application to the Commission, which shall assess the application within 20 working days.
Amendment 876 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 884 #
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. Projects that, after two years after their implementation, have not fulfilled the objective of creating quality jobs ; of which the private promoter is found to be involved in harmful tax practices or in breach of the Corporate Due Diligence Directive shall lose all rights connected to that status under this Regulation.
Amendment 890 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Project promoters and all authorities that, under national law, are competent to issue various permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure, shall ensure that for net-zero strategic projects those processes are treated in the most rapid way possible in accordance with Union and national law, without prejudice to any environmental or health requirements.
Amendment 893 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Without prejudice to obligations provided for in Union law, Member States shall grant net-zero strategic projects the status of the highest national significance possible, where such a status exists in national law, and be treated accordingly in the permit-granting processes including those relating to environmental assessments and if national law so provides, to spatial planninga priority status, where such a status exists in national law.
Amendment 897 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Without prejudice to the “do no significant harm principle”, Net-zero strategic projects shall be considered to contribute to the security of supply of strategic net-zero technologies in the Union and therefore to be in the public interest. With regard to the environmental impacts addressed in Articles 6(4) and 16(1)I of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC, net-zero strategic projects in the Union shall be considered as being of public interest and may be considered as having an overriding public interest provided that all the conditions set out in those Directives are fulfilled.
Amendment 899 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. All dispute resolution procedures, litigation, appeals and judicial remedies related to net-zero strategic projects in front of any national courts, tribunals, panels, including mediation or arbitration, where they exist in national law, shall be treated as urgent, if and to the extent to which national law provides for such urgency procedures and provided thashall respect the normally applicable rights of defence of individuals, workers or of local communities would be respected Project promoters of net-zero strategic projects shall participate in such urgency procedure, where applicable.
Amendment 927 #
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 isprojects are 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 have not yet been carried out, or where the principle of administrative tacit approval does not exist in the national legal system. 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 944 #
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 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. Any such support shall be conditioned to high social and environmental standards.
Amendment 958 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increasguarantee the public acceptancepproval of the project, through the involvement of trade unions, local communities and civil society representatives.
Amendment 979 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. The Net-Zero Europe Platform shall discuss European needs of both critical and strategic raw materials as defined in the Critical Raw Materials Act in order to reach the goals set in the present regulation. The conclusions shall be made public.
Amendment 998 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Amendment 1006 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Amendment 1012 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 1057 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
Amendment 1067 #
Proposal for a regulation
Article 17 – paragraph 2 – point c a (new)
Article 17 – paragraph 2 – point c a (new)
(ca) for each project, a sound risk assessment with mitigation measures;
Amendment 1082 #
Proposal for a regulation
Article 18 – title
Article 18 – title
Contribution of authorised oil and gafossil fuels producers
Amendment 1094 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. All investments for carbon, capture and storage designed to mitigate private sector emissions shall be supported by private capital.
Amendment 1102 #
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, trade unions, environmental organisations and local communities, shall specify the share of the contribution to the Union CO2 injection capacity objective by 2030 from entities referred to in paragraph 1.
Amendment 1118 #
Proposal for a regulation
Article 18 – paragraph 4 – point b a (new)
Article 18 – paragraph 4 – point b a (new)
(ba) explain how the entity intends to reduce their direct emissions with a detailed schedule including reduction targets (percentages and timescales).
Amendment 1168 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. COn the basis of priorities identified by the Platform, 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 to the Union's climate and energy goals, in compliance with 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 Paris Agreement, the GPA and other international agreements by which the Union is bound.
Amendment 1179 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) environmental and social sustainability going beyond the minimum requirements in applicable legislation, including job quality criteria, mechanisms to incentivise quality apprenticeship, measures to improve diversity at work as well as the respect of collective agreements and trade unions' right to negotiate;
Amendment 1209 #
Proposal for a regulation
Article 19 – paragraph 2 – point d a (new)
Article 19 – paragraph 2 – point d a (new)
(da) the tender’s commitment to guarantee quality jobs;
Amendment 1211 #
Proposal for a regulation
Article 19 – paragraph 2 – point d b (new)
Article 19 – paragraph 2 – point d b (new)
(db) the tender’s contribution to the lowest possible carbon footprint;
Amendment 1212 #
Proposal for a regulation
Article 19 – paragraph 2 – point d c (new)
Article 19 – paragraph 2 – point d c (new)
(dc) the tender’s contribution to a sustainable use of of critical and strategic raw materials as set in Critical Raw Materials Act.
Amendment 1226 #
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% andof at least 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).
Amendment 1237 #
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 120% may be presumed by contracting authorities and contracting entities to be disproportionate.This provision 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. This provision shall be without prejudice to high environmental and social standards.
Amendment 1249 #
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 Paris Agreement, 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 assess the sustainability and resilience contribution as referred to in Article 19(2) of this Regulation when designing the criteria used for ranking bids 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.
Amendment 1259 #
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% andat least 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 set under State aid rules.
Amendment 1269 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The 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 not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige those entities 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 120% may be presumed by contracting authorities and contracting entities to be disproportionate.
Amendment 1277 #
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 iIn line with the Union’s international commitments, when deciding to set up schemes benefitting households 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 high 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 1286 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Member States shall systematically prioritise publicly-led or non-for-profit projects.
Amendment 1287 #
Proposal for a regulation
Article 21 – paragraph 1 b (new)
Article 21 – paragraph 1 b (new)
1b. Any European or national public funds used shall result in proportionate public ownership. Where relevant Member states shall guarantee proportionate public ownership of intellectual property rights and know- how.
Amendment 1288 #
Proposal for a regulation
Article 21 – paragraph 1 c (new)
Article 21 – paragraph 1 c (new)
1c. Any European or national public funds used shall be conditioned to high social and environmental standards, such as quality jobs, long-term environmental impact assessment, and health and safety measures.
Amendment 1289 #
Proposal for a regulation
Article 21 – paragraph 1 d (new)
Article 21 – paragraph 1 d (new)
1d. Any project or scheme benefitting from public financial compensation or support shall comply with European and applicable ational legislation. Companies must guarantee and secure the participation of trade unions, and respect of collective agreements.
Amendment 1295 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. When designing and implementing a scheme falling under paragraph 1, the authority shall base itself on an open, non- discriminatory and transparent process to assess the resilience and sustainability contribution of available products on the market. Any net-zero technology final product shall be entitled to apply to join the scheme at any time. The authority shall specify a pass mark for products to be eligible to the additional financial compensation under the support scheme.
Amendment 1351 #
Proposal for a regulation
Chapter VI – title
Chapter VI – title
VI IMission-oriented public innovation policy
Amendment 1354 #
Proposal for a regulation
Article 26 – paragraph -1 (new)
Article 26 – paragraph -1 (new)
Amendment 1357 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Amendment 1360 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. Member States shall avoid restrictive forms of intellectual property to facilitate use and sharing of technology and know-how, including through open- source and open-access partnerships;
Amendment 1369 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The participation in the net-zero regulatory sandboxes shall not affect the supervisory and corrective powers of the authorities supervising the sandbox. The testing, development and validation of innovative net-zero technologies shall take place under the direct supervision and guidance of the competent authorities. The competent authorities shall exercise their supervisory powers in a flexible manner within the limits of the relevant legislation, adapting existing regulatory practices and using their discretionary powers when implementing and enforcing legal provisions to a specific net-zero regulatory sandbox project, with the objective of removing barriers, alleviating regulatory burden, reducing regulatory uncertainty, and supporting innovation in net-zero technologies.
Amendment 1373 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where relevant to achieve the objective of this article, the competent authorities shall consider granting derogations or exemptions to the extent allowed by the relevant Union or national law. The competent authorities shall ensure that the sandbox plan ensures respect for the key objectives and essential requirements of the EU and national legislation. Competent authorities shall make sure that any significant risks to health, safety or the environment identified during the development and testing of innovative net-zero technologies is publicly communicated and results in immediate suspension of the development and testing process until such risk is mitigated. Where competent authorities consider that the proposed project raises exceptional risks for the health and safety of workers, of the general population, or of the environment, in particular because it relates to testing, development or validation involving particularly toxic substances, they shall only approve the sandbox plan once they are satisfied that adequate safeguards have been put in place commensurate with the exceptional risk identified.
Amendment 1377 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 1381 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. Participants in the innovative net- zero regulatory sandbox shall remain liable under applicable Union and Member States’ liability legislation for any harm inflicted on third parties or the environment as a result of the testing taking place in the regulatory sandbox.
Amendment 1390 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall take into account the specific interests and needs of small and medium enterprises , and provide adequate administrative support to take part in the regulatory sandboxes. Without prejudice to the application of Articles 107 and 108 of the Treaty, Member States should inform small and medium enterprises of available financial support to their activities in the regulatory sandboxes.
Amendment 1395 #
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. With the participation of trade unions, environmental organisations, and local communities, the Platform shall, at the European and national levels and on a yearly basis, provide a list of priorities short and long term priorities for the net- zero industrial production in Europe.
Amendment 1396 #
Proposal for a regulation
Article 28 – paragraph 2 b (new)
Article 28 – paragraph 2 b (new)
2b. The Platform shall contribute to a coordinated EU-approach to addressing the market and policy failures and identify priority R&I projects in the field of net zero technologies in agreement with relevant stakeholders, including trade unions;
Amendment 1397 #
Proposal for a regulation
Article 28 – paragraph 2 c (new)
Article 28 – paragraph 2 c (new)
2c. The Platform shall contribute to the elaboration and implementing of a long-term European portfolio of strategic net zero R&I projects in collaboration with public and academic research centres at national or European level, trade unions, and other relevant stakeholders.
Amendment 1401 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Platform mayshall advise and assist the Commission and Member States in relation to their actions to reach the objectives outlined in Chapter I of this RegulationEuropean and international climate commitments, taking into account Member States’ national energy and climate plans submitted under Regulation (EU) 2018/199975 . _________________ 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 1408 #
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 periodicshally discuss:
Amendment 1409 #
Proposal for a regulation
Article 28 – paragraph 4 – point -a (new)
Article 28 – paragraph 4 – point -a (new)
(-a) the identification of strategic priorities for the public production of net- zero technologies;
Amendment 1410 #
Proposal for a regulation
Article 28 – paragraph 4 – point -a a (new)
Article 28 – paragraph 4 – point -a a (new)
Amendment 1411 #
Proposal for a regulation
Article 28 – paragraph 4 – point a
Article 28 – paragraph 4 – point a
(a) how to improve cooperationand promote cooperation, know-how and technology sharing along the net-zero value chain between the Union and third countries;
Amendment 1431 #
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. Member states shall take into account the priorities identified by the platform when granting permits, Net Zero Strategic projects statuses, or public procurements.
Amendment 1435 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Member States shall support the Commission in the implementation of the cooperation measures set out in the Net- Zero Industrial Partnership. Net-Zero Industrial Partnerships will have the objective of facilitating trade among participants, including by favouring necessarysustainable public investments within the Union and in third countries, enhancing resilience and sustainability of the supportive value chains, and guaranteeing a level playing field.
Amendment 1437 #
Proposal for a regulation
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5a. The Platform shall comply to the highest standards of transparency. Its activities shall be reported on an accessible and public website.
Amendment 1441 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Platform shall be composed Member States and of the Commission. It shall be chaired by a representative of the Commissionof government representatives, trade unions, environmental organisations and local communities. It chooses its Chair among its members.
Amendment 1449 #
Proposal for a regulation
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. When appointing representatives to the Platform, Member states shall examine and avoid potential ‘revolving door’ situations as well as the associated risk of conflict of interests. Experts and members of the Platform shall be free from any conflicting interests.
Amendment 1451 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. On a proposal by the Commission, tThe Platform shall adopt its rules of procedure by a simple majority of its members.
Amendment 1452 #
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. The meetings of the Platform shall be recorded and actions shall be clearly communicated to the Members and the public through on an accessible website.
Amendment 1466 #
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. Where appropriate, the Platform or the Commission may invite experts and other third partie, academics and civil society representatives including trade unions to Platform and sub- group meetings or to provide written contributions.
Amendment 1471 #
Proposal for a regulation
Article 29 – paragraph 9
Article 29 – paragraph 9
9. The Platform shall take the necessary measures to ensure the safe handling and processing of confidential and commercially sensitive informationransparency of its activities.
Amendment 1472 #
Proposal for a regulation
Article 29 – paragraph 11
Article 29 – paragraph 11
Amendment 1484 #
Proposal for a regulation
Article 31 – paragraph 1 – point a a (new)
Article 31 – paragraph 1 – point a a (new)
(aa) the progress with respect to the decarbonisation of the industry;
Amendment 1485 #
Proposal for a regulation
Article 31 – paragraph 1 – point a b (new)
Article 31 – paragraph 1 – point a b (new)
(ab) the progress with respect to the creation of quality jobs.
Amendment 1486 #
Proposal for a regulation
Article 31 – paragraph 1 – point b
Article 31 – paragraph 1 – point b
Amendment 1518 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4