32 Amendments of Markus FERBER related to 2022/0164(COD)
Amendment 32 #
Proposal for a regulation
Recital 1
Recital 1
(1) Since the adoption of Regulation (EU) 2021/241 of the European Parliament and of the Council establishing the Recovery and Resilience Facility,3 unprecedented geopolitical events and their direct and indirect socio-economic consequences have considerably affected the Union’s society and economy. In particular, it has become clearer than ever that the Union’s energy security is indispensable for a successful, sustainable and inclusive recovery from the COVID- 19 crisis, and competitive European economy as it is also a major factor contributing to the resilience of the European economy. __________________ 3 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
Amendment 40 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Versailles Declaration of 10-11 March 2022 of the Heads of States and Governments invited the Commission to propose by the end of May a REPowerEU plan to phase out the dependency on Russian fossil fuel imports, which was subsequently reiterated in the European Council Conclusions of 24-25 March 2022. This should be done well before 2030 in a way that is consistent with the EU’s Green Deal and the climate objectives for 2030 and 2050 enshrined in the European Climate Law. Regulation (EU) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to diversifying energy supplies, in particular fossil fuels, thereby strengthening the strategic autonomy of the Union alongside an open economy. Support should also be given to reforms and investments increasing the energy efficiency of the Member States’ economies. The retro-activity clause of Regulation (EU) 2021/241 should be amended to reflect that for the REPowerEU chapter only expenses occurred after the start of Russia's war of aggression in Ukraine are eligible.
Amendment 48 #
Proposal for a regulation
Recital 4
Recital 4
(4) To maximise complementarity, consistency and coherence of policies and actions taken by the Union and Member States to foster independence and security of the Union’s energy supply, these energy-related reforms and investments should be established through a dedicated ‘REPowerEU chapter’ of the recovery and resilience plans. A particular focus of the REPowerEU chapter should be put on better integrating European energy markets and closing cross-border transmission bottlenecks.
Amendment 49 #
Proposal for a regulation
Recital 5
Recital 5
(5) To maximise the scope of the Union’s response, all Member States submitting a recovery and resilience plan after the entry into force of this Regulation should be required to include a REPowerEU chapter in their plan. Such amended plans, should be submitted at the latest by [two months after the entry into force of this amended Regulation]. This requirement should apply, in particular, to revised plans submitted by Member States from 30 June 2022 to take into account the updated maximum financial contribution. The Commission should evaluate the amended plans in maximum one month from their official submission.
Amendment 56 #
Proposal for a regulation
Recital 6
Recital 6
(6) The REPowerEU chapter should include new reforms and investments contributing to the REPowerEU aims, as well as to providing a comprehensive response to the effects of the crisis stemming from the Russian military aggression against Ukraine. Furthermore, that chapter should contain an outline of other measures, financed from sources other than the Recovery and Resilience Facility, contributing to the energy-related objectives outlined in recital (3). The outline should cover measures whose implementation should take place between 1 February 2022 to 31 December 2026, the period during which the objectives set by this Regulation are to be achieved. As regards natural gas infrastructure, the investments and reforms of the REPowerEU chapters to diversify supply away from Russia should build on the needs currently identified through the assessment conducted and agreed by the European Network of Transmission System Operators for Gas (ENTSOG), established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures taken to adapt to new geopolitical threats. Finally, the REPowerEU chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the Recovery and Resilience Facility and the other measures financed by other sources than the Recovery and Resilience Facility.
Amendment 69 #
Proposal for a regulation
Recital 11
Recital 11
(11) An effective transition towards green energy and a reduction of energy dependency involves significant digital investments. In light of Regulation (EU) 2021/241, Member States should provide an explanation of how the measures in the recovery and resilience plan, including those included in the REPowerEU chapter, are expected to contribute to the digital transition or the challenges resulting therefrom and whetherhow they account for an amount contributing to the digital target based on the methodology for digital tagging. However, given the unprecedented urgency and importance of energy challenges faced by the Union, reforms and investments included in the REPowerEU chapter should not be taken into account when calculatGiven the specific nature of measures included in the REPowerEU chapter, the digital tagging methodology should be adapted exclusively for the measures included ing the plan’s total allocation for the purpose of applying the digital target requirement set by Regulation (EU) 2021/241se chapters to facilitate reaching the digital target.
Amendment 73 #
Proposal for a regulation
Recital 12
Recital 12
(12) Pursuant to Article 18(4) point (q) of Regulation (EU) 2021/241, the Member States should also provide a summary of the mandatory consultation process of local and regional authorities and other relevant stakeholders, including, as relevant, from the agricultural sector, for reforms and investments included in the REPowerEU chapter. Such summaries should explain the outcome of those consultations and outline how the input received was reflected in REPowerEU chapters. The Commission should evaluate if these consultations ensure that all relevant stakeholders are given effective opportunities to participate in the preparation and the implementation of the recovery and resilience plans.
Amendment 86 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) Cross-border and multi country projects, particularly those in the field of energy have an important contribution to the achievement of the REPowerEU objectives. It is for this reason that the REPowerEU chapters should contain measures allocating at least 50% of the financial allocation for these chapters to cross-border or multi country projects.
Amendment 91 #
Proposal for a regulation
Recital 14
Recital 14
(14) Further incentives should be provided for Member States to request loans, through the clarification of the loan allocation procedure. In accordance with Regulation (EU) 2021/241, Member States may request loans until 31 August 2023. An intention to submit a loan request should be communicated to the Commission 30 days after the entry into force of this Regulation so that the redistribution of the remaining funds can be conducted in an orderly manner and for the Member State to be able to request such support at a later stage.
Amendment 117 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2021/241
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In line with the six pillars referred in Article 3 of this Regulation, the coherence and synergies they generate, and in the context of the COVID-19 crisis, the general objective of the Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience, crisis preparedness, adjustment capacity and growth potential of the Member States, by mitigating the social and economic impact of that crisis, in particular on women, by contributing to the implementation of the European Pillar of Social Rights, by supporting the green transition, by contributing to the achievement of the Union’s 2030 climate targets set out in point (11) of Article 2 of Regulation (EU) 2018/1999,and by complying with the objective of EU climate neutrality by 2050 and of the digital transition, by increasing the resilience of the Union energy system through a decrease of dependence on fossil fuels and, diversification of energy supplies at Union level and a better integration of European energy markets (‘REPowerEU objectives’) thereby contributing to the upward economic and social convergence, restoring and promoting sustainable growth and the integration of the economies of the Union, fostering high quality employment creation, and contributing to the strategic autonomy of the Union alongside an open economy and generating European added value.
Amendment 135 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EU) 2021/241
Article 14 – Paragraph 6
Article 14 – Paragraph 6
6. By derogation from paragraph 5, subject to the availability of resources, in exceptional circumstances the amount of the loan support may be increased, considering the needs of the requesting Member State, as well as requests for loan support already submitted or planned to be submitted by other Member States, while applying the principles of equal treatment, solidarity, proportionality and transparency. To facilitate the application of these principles, Member States shall communicate to the Commission within 30 days after [the entry into force of this amending Regulation], whether they intend to request loan support.will submit requests for loan support. The communication of such intention will constitute a binding commitment of the Member State to request the respective amounts. Only Member States that have informed the Commission of their intention to request any available loan support may subsequently submit such requests.’
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2021/241
Article 17 – Paragraph 2
Article 17 – Paragraph 2
2 a. Paragraph 2 of Article 17 is replaced by the following: 2. Measures started from 1 February 2020 onwards shall be eligible provided that they comply with the requirements set out in this Regulation. By derogation from the first sentence of this paragraph, measures under the REPowerEU chapter of this regulation shall only be eligible from 1 March 2022 provided that they comply with the requirements set out in this Regulation.
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2021/241
Article 18 – paragraph 4 – point f
Article 18 – paragraph 4 – point f
(2 a) Article 18 (4) point f is the replaced by the following "(f)an explanation of how the measures in the recovery and resilience plan are expected to contribute to the digital transition or to the challenges resulting therefrom, and whether they account for an amount which represents at least 20 % of the recovery and resilience plan’s total allocation, based on the methodology for digital tagging set out in Annex VII; that methodology shall be used accordingly for measures that cannot be directly assigned to an intervention field listed in Annex VII, with the exception of new measures included in the REPowerEU chapters, for which the Commission may use new intervention fields and coefficients; the coefficients for support for the digital objectives may be increased for individual investments to take account of accompanying reform measures that increase their impact on the digital objectives; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0241) " Or. en
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EU) 2021/241
Article 18 – paragraph 4 – point h
Article 18 – paragraph 4 – point h
(2 b) Article 18 (4) point h is replaced by the following "(h)an indication of whether the measures included in the recovery and resilience plan comprise cross-border or multi-country projects; and if the REPowerEU chapters allocate at least 50% of the total financial allocation of the chapter to cross-border or multi country projects; an explanation of how the included cross-border and/or multi country projects contribute to the objectives outlined in Article 21c (1); " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0241)
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2021/241
Article 18 – paragraph 4 – point q
Article 18 – paragraph 4 – point q
(q) for the preparation and, where available, for the implementation of the recovery and resilience plan, a summary of the mandatory consultation process, conducted in accordance with the national legal framework, of local and regional authorities, social partners, civil society organisations, youth organisations and other relevant stakeholders, and how the input of the stakeholders is reflected in the recovery and resilience plan; in particular, the summary of the consultation process shall explain the outcome of the consultations with local and regional authorities and other relevant stakeholders on reforms and investments included in the REPowerEU chapter and outline how the input received was reflected in the REPowerEU chapter;
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2021/241
Article 18 – paragraph 4 – point q
Article 18 – paragraph 4 – point q
(q) for the preparation and, where available, for the implementation of the recovery and resilience plan, a summary of the consultation process, which shall be mandatory and conducted in accordance with the national legal framework, of national parliaments, local and regional authorities, social partners, civil society organisations, youth organisations and other relevant stakeholders, and how the input of the stakeholders is reflected in the recovery and resilience plan; in particular, the summary of the consultation process shall explain the outcome of the consultations with local and regional authorities and other relevant stakeholders on reforms and investments included in the REPowerEU chapter and outline how the input received was reflected in the REPowerEU chapter;
Amendment 158 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
(f) whether the recovery and resilience plan contains measures that effectively contribute to the digital transition or to addressing the challenges resulting therefrom, and whether they account for an amount which represents at least 20 % of the recovery and resilience plan’s total allocation, based on the methodology for digital tagging set out in Annex VII with the exception of new measures included in the REPowerEU chapters, for which the Commission may use new intervention fields and coefficients; that methodology shall be used accordingly for measures that cannot be directly assigned to an intervention field listed in Annex VII; the coefficients for support for the digital objectives may be increased for individual investments to take account of accompanying reform measures that increase their impact on the digital objectives; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0241)Or. en
Amendment 159 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/241
Article 19 – paragraph 3 – point fa (new)
Article 19 – paragraph 3 – point fa (new)
Amendment 162 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/241
Article 19 – paragraph 3 – point ka (new)
Article 19 – paragraph 3 – point ka (new)
(ka) whether the consultations held for the preparation of the recovery and resilience plan ensure that all relevant stakeholders are given effective opportunities to participate in the preparation and the implementation of the recovery and resilience plans;
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2021/241
Article 20 – paragraph 6
Article 20 – paragraph 6
(4 a) In Article 20 (6) the following sentence is inserted: "6. The arrangements and timetable for monitoring and implementation as referred to in point (e) of paragraph 5, the relevant indicators relating to the fulfilment of the envisaged milestones and targets referred to in point (f) of paragraph 5, the arrangements for providing full access by the Commission to the underlying data referred to in point (g) of paragraph 5, and, where appropriate, the additional milestones and targets related to the payment of the loan referred to in point (h) of paragraph 5 shall be further specified in operational arrangements to be agreed by the Member State concerned and the Commission after the adoption of the decision referred to in paragraph 1. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0241)The operational arrangements shall be concluded at the latest one month after the decision referred to in paragraph 1. " Or. en
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Regulation (EU) 2021/241
Article 21 – paragraph 1
Article 21 – paragraph 1
(4 b) Article 21 (1) is replaced by the following "1. Where the recovery and resilience plan including relevant milestones and targets is no longer achievable, either partially or totally, by the Member State concerned because of objective circumstances, including the crisis caused by Russia's military aggression against Ukraine, or where new measures are required to tackle the effects of this crisis, the Member State concerned may make a reasoned request to the Commission to make a proposal to amend or replace the Council implementing decisions referred to in Article 20(1) and (3). To that end, the Member State may propose an amended or a new recovery and resilience plan. Member States may request technical support for the preparation of such proposal under the Technical Support Instrument. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0241)
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Regulation (EU) 2021/241
Article 21 – paragraph 2
Article 21 – paragraph 2
(4 c) Article 21 (2) is replaced by the following: "2. Where the Commission considers that the reasons put forward by the Member State concerned justify an amendment of the relevant recovery and resilience plan, the Commission shall assess the amended or new recovery and resilience plan in accordance with Article 19 and shall make a proposal for a new Council implementing decision in accordance with Article 20(1) within twoone months of the official submission of the request. The Member State concerned and the Commission may agree to extend that deadline by a reasonable period if necessary. The Council shall adopt the new implementing decision, as a rule, within four weeks of the adoption of the Commission proposal. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0241)" Or. en
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21a – paragraph 2
Article 21a – paragraph 2
(2) The share of the resources referred to in paragraph 1 available for each Member State shall be calculated on the basis of the indicators defined for the maximum financial contribution, as set out in the methodology in Annex II for 70% of the amount, with the exception of the relative unemployment rate of each Member State which shall be replaced by the share of fossil fuels in the overall energetic mix of the Member State and methodology set out in Annex III for 30% of the amount.
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1
Article 21c – paragraph 1
(1) The recovery and resilience plan submitted to the Commission after [the entry into force of this amending Regulation] shall contain a REPowerEU chapter. Member States may propose the inclusion of a REPowerEU chapter in their recovery and resilience plans at the latest by [2 months after the entry into force of this amending Regulation]. The REPowerEU chapter shall outline reforms and investments, with their corresponding milestones and targets, other than measures referred in paragraph 2 (a), aiming to contribute to the REPowerEU objectives, by:
Amendment 254 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 2 – point c a (new)
Article 21c – paragraph 2 – point c a (new)
(c a) a detailed explanation how the REPowerEU plan contributes to achieving point c of paragraph 1 of this Article.
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 3
Article 21c – paragraph 3
Amendment 260 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 3 a (new)
Article 21c – paragraph 3 a (new)
(3 a) At least 50% of the total financial allocation of the REPowerEU chapters shall be used to finance exclusively cross- border or multi country investments and reforms contributing to the objectives outlined in Article 21c (1).
Amendment 310 #
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 a (new)
Annex V – section 2 – point 2.12 a (new)
2.12 a. The REPowerEU chapters of the recovery and resilience plan allocates at least 50% of the overall financial allocation to cross-border or multi country measures. Rating: A - the REPowerEU chapters allocate at least 50% of the overall allocation to cross-border or multi country measures C - the REPowerEU chapters do not allocate at least 50% of the overall allocation to cross-border or multi country measures
Amendment 311 #
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 b (new)
Annex V – section 2 – point 2.12 b (new)
2.12 b. The consultations conducted in accordance with the national framework for the preparation of the recovery and resilience plan were conducted in a way which ensure that all relevant stakeholders are given effective opportunities to participate in the preparation and the implementation of the recovery and resilience plans. The Commission shall take into account the following elements for the assessment under this criterion Scope: - the Member State provided a comprehensive summary about the consultation process conducted in accordance with the national legislative framework and - the Member State consulted all relevant stakeholders, including national parliaments, local and regional authorities, social partners, civil society organisations, youth organisations and other relevant stakeholders and - the Member State has taken into account to a sufficient degree the input provided by the relevant stakeholders in the recovery and resilience plan and - the Member State has provided sufficient arrangements to ensure the participation of the relevant stakeholders in the implementation of the recovery and resilience plans Rating A – to a large extent B – to a medium extent C – to a small extent
Amendment 313 #
Proposal for a regulation
Annex I – paragraph 1 – point a a (new)
Annex I – paragraph 1 – point a a (new)
Regulation (EU) 2021/241
Annex V – section 2 – point 2.6
Annex V – section 2 – point 2.6
(a a) Annex V - Section 2 - Point 2.6 is replaced by the following: "2.6. The recovery and resilience plan contains measures that effectively contribute to the digital transition or to addressing the challenges resulting therefrom, and that account for an amount which represents at least 20 % of the recovery and resilience plan’s total allocation, based on the methodology for digital tagging set out in Annex VII, with the exception of the REPowerEU chapter for which the Commission may use additional intervention fields and coefficients; that methodology shall be used accordingly for measures that cannot be directly assigned to an intervention field listed in Annex VII; the coefficients for support for the digital objectives may be increased for individual investments to take account of accompanying reform measures that increase their impact on the digital objectives. The Commission shall take into account the following elements for the assessment under this criterion: Scope —the implementation of the envisaged measures is expected to significantly contribute to the digital transformation of economic or social sectors; or —the implementation of the envisaged measures is expected to significantly contribute to address the challenges resulting from digital transition; and —Member States apply a methodology consisting of assigning a specific weighting to the support provided, which reflects the extent to which such support makes a contribution to digital objectives. The weightings shall be based on the dimensions and codes for the types of intervention established in Annex VII, with the exception of the REPowerEU chapter for which the Commission may use additional intervention fields and coefficients, and may be increased for individual investments to take account of accompanying reform measures that increase their impact on the digital objectives. The same weighting system shall apply for measures that cannot be directly assigned to an intervention field listed in Annex VII; and —the implementation of the envisaged measures is expected to have a lasting impact. Rating A –to a large extent B –to a moderate extent C –to a small extent " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0241)
Amendment 314 #
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Regulation (EU) 2021/241
Annex V – section 3 – point a
Annex V – section 3 – point a
— not an A in criteria 2.2, 2.3, 2.5, 2.6, 2.12, 2.12a and 2.12b;