564 Amendments of Izabela-Helena KLOC
Amendment 101 #
2023/0199(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There is a need to support critical technologies in the following fields: deep and digital technologies, clean technologies, and biotechnologies (including the respective critical raw materials value chains), in particular projects, companies and sectors with a critical role for EU’s competitiveness and resilience and its value chains. By way of example, deep technologies and digital technologies should include microelectronics, high-performance computing, quantum technologies (i.e., computing, communication and sensing technologies), cloud computing, edge computing, and artificial intelligence, cybersecurity technologies, robotics, 5G and advanced connectivity and virtual realities, including actions related to deep and digital technologies for the development of defence and aerospace applications. Clean technologies should include, among others, renewable energy; electricity and heat storage; heat pumps; electricity grid; renewable fuels of non- biological origin; sustainable alternative fuels; electrolysers and fuel cells; carbon capture, utilisation and storage; energy efficiency; hydrogen and its related infrastructure; smart energy solutions; technologies vital to sustainability such as water purification and desalination; advanced materials such as nanomaterials, composites and future clean construction materials, and technologies for the sustainable extraction and processing of critical raw materials. It should also include nuclear energy fully recognising the strategic importance of the European nuclear supply chain for energy security and transition targets. Biotechnology should be considered to include technologies such as biomolecules and its applications, pharmaceuticals and medical technologies vital for health security, crop biotechnology, and industrial biotechnology, such as for waste disposal, and biomanufacturing. The Commission may issue guidance to further specify the scope of the technologies in these three fields considered to be critical in accordance with this Regulation, in order to promote a common interpretation of the projects, companies and sectors to be supported under the respective programmes in light of the common strategic objective. Moreover, technologies in any of these three fields which are subjects of an Important Project of Common European Interest (IPCEI) approved by the Commission pursuant to Article 107(3), point (b) TFEU should be deemed to be critical, and individual projects within the scope of such an IPCEI should be eligible for funding, in accordance with the respective programme rules, to the extent that the identified funding gap and the eligible costs have not yet been completely covered.
Amendment 117 #
2023/0199(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The scale of investments needed for the transition require a full mobilisation of funding available under existing EU programmes and funds, inclusive those granting a budgetary guarantee for financing and investment operations and implementation of financial instruments and blending operations. Such funding should be deployed in a more flexible manner, to provide timely and targeted support for critical technologies in strategic sectors. Therefore, a Strategic Technologies for Europe Platform (‘STEP’) should give a structural answer to the Union investment needs by helping to better channel the existing EU funds towards critical investments aimed at supporting the development or manufacturing of critical technologies, while preserving a level playing field in the Single Market, thereby preserving cohesion and aiming at a geographically balanced distribution of projects financed under the STEP in accordance with the respective programme mandates. It should also address the problem of market-distorting subsidy race to lure green investments within the Union that was launched with relaxation of state aid rules. The race that undermines the level playing field, compromises fairness among Member States with different fiscal capacities and contributes to fragmentation within the bloc to countries - producers of new technologies and countries that are left with a role of consumers of these technologies. The Platform, that would serve as a prototype of Sovereignty Fund, should constitute an effective solution for prioritizing European industrial champions on the global stage without undermining EU cohesiveness.
Amendment 152 #
2023/0199(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Directive 2003/87/EC54 should be amended to allow for additional financing with a financial envelope for the period 2024-2027 of EUR 5 billion. The Innovation Fund supports investments in innovative low-carbon technologies, which is a scope that is to be covered by the STEP. The increase in volume of the Innovation Fund should therefore allow to provide financing responding to the objective of supporting the development or manufacturing in the Union of critical clean technologies. In line with the objectives of ensuring cohesion and promoting the Single Market, and in order to support the green transition and the development of clean technologies throughout the Union, and to mitigate unhealthy competition to lure green investments that compromises fiscal stability and fairness among Member States, the additional financial envelope should be made available through calls for proposals open to entities from Member States whose average GDP per capita is below the EU average of the EU-27 measured in purchasing power standards (PPS) and calculated on the basis of Union figures for the period 2015-2017. _________________ 54 Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading (OJ L 275, 25.10.2003, p. 32).
Amendment 235 #
2023/0199(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) an amount of EUR 58 000 000 000 in current prices of the financial envelope referred to in the sixth subparagraph of Article 10a(8) of Directive 2003/87/EC. That amount shall be implemented within the Innovation Fund in accordance with the rules of Article 10a(8) of Directive 2003/87/EC and Commission Delegated Regulation [2019/856].
Amendment 237 #
2023/0199(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) An amount of EUR 12 500 000 000 in current prices of the financial envelope referred to in Article 4(1) of Regulation (EU) 2021/697. That amount shall be implemented in accordance with Regulation (EU) 2021/697.
Amendment 260 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. When revising their recovery and resilience plans in accordance with Regulation (EU) 2021/241, Member States shallmay, without prejudice to the provisions of that Regulation, consider as a priority action which have been awarded a Sovereignty Seal in accordance with paragraph 1.
Amendment 262 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When deciding on investment projects to finance from their respective shares of the Modernisation Fund in accordance with Article 10d of Directive 2003/87/EC, Member States shallmay consider as a priority project for critical clean technologies which have received the Sovereignty Seal in accordance with paragraph 1. In addition, Member States may decide to grant national support to projects with a Sovereignty Seal contributing to the Platform objective referred to in Article 2(1), point (a)(ii).
Amendment 306 #
2023/0199(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 1
Article 9 – paragraph 1 – point 1
Directive 2003/87/EC
Article 10 – subsection a – point 8 – sixth subparagraph
Article 10 – subsection a – point 8 – sixth subparagraph
In addition to the allowances referred to in the first to fifth subparagraphs of this paragraph, the Innovation Fund shall also implement a financial envelope for the period from 1 January 2024 to 31 December 2027 of EUR 58 000 000 000 in current prices for supporting investments contributing to the STEP objective referred to in Article 2, point (a)(ii) of Regulation .../...63 [STEP Regulation]. This financial envelope shall be made available to support investments only in Member States whose average GDP per capita is below the EU average of the EU-27 measured in purchasing power standards (PPS) and calculated on the basis of Union figures for the period 2015-2017 _________________ 63 Regulation …/… of the European Parliament and of the Council … [insert full title and OJ reference].
Amendment 317 #
2023/0199(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 1 a (new)
Article 11 – paragraph 1 – point 1 a (new)
Regulation (EU) 2021/1056
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(1a) Article 8(2), point (f) is replaced by the following: ‘investments in smart and sustainable mobility, including decarbonisation of the transport sector, its infrastructure and purchase of low-emission bus and rail- rolling stock;’
Amendment 318 #
2023/0199(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 1 b (new)
Article 11 – paragraph 1 – point 1 b (new)
Regulation (EU) 2021/1056
Article 8 – paragraph 2 – point i
Article 8 – paragraph 2 – point i
(1b) Article 8(2), point (i) is replaced by the following: ‘investments in regeneration and decontamination of brownfield sites, land restoration and including, where necessary, green infrastructure and repurposing projects, taking into account the ‘polluter pays’ principle, as well as investments in revitalisation and repurposing of mines surrounding urban areas;
Amendment 322 #
2023/0199(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 2 a (new)
Article 11 – paragraph 1 – point 2 a (new)
Regulation (EU) 2021/1056
Article 10 – paragraph 3
Article 10 – paragraph 3
(2a) In Article 10, paragraph 3 is replaced by the following: In accordance with Article 112 of Regulation (EU) 2021/1060, the co- financing rate, applicable to the region where the territory or territories identified in the territorial just transition plans in accordance with Article 11 of this Regulation are located, for the JTF priority or priorities shall not be higher than 85 %.
Amendment 328 #
2023/0199(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point 3 a (new)
Article 13 – paragraph 1 – point 3 a (new)
Regulation (EU) 2021/1060
Article 112 – paragraph 3 – fifth subparagraph
Article 112 – paragraph 3 – fifth subparagraph
(3a) In Article 112(3), the fifth subparagraph is replaced by the following: 'The co-financing rate, applicable to the region where the territory or territories identified in the territorial just transition plans are located, for the priority supported by the JTF shall not be higher than 85%.'
Amendment 330 #
2023/0199(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point -1 (new)
Article 14 – paragraph 1 – point -1 (new)
Regulation (EU) No 1303/2013
Article 65 – paragraph 2
Article 65 – paragraph 2
(-1) In Article 65, paragraph 2 is replaced by the following: 'Expenditure shall be eligible for a contribution from the ESI Funds if it has been incurred by a beneficiary and paid between the date of submission of the programme to the Commission or from 1 January 2014, whichever is earlier, and 31 December 2024. In addition, expenditure shall only be eligible for a contribution from the EAFRD if the relevant aid is actually paid by the paying agency between 1 January 2014 and 31 December 2024.'
Amendment 357 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 6 a (new)
Article 16 – paragraph 1 – point 6 a (new)
Regulation (EU) 2021/523
Article 13 – paragraph 7 – second subparagraph
Article 13 – paragraph 7 – second subparagraph
(6a) In Article 13 (7), second subparagraph is replaced by the following: Contracts between the implementing partner and the final recipient or the financial intermediary or other entity referred to in point (a) of Article 16(1) under the EU guarantee referred to in the first subparagraph of Article 4(2) shall be signed at the latest two years after the approval of the relevant financing or investment operation by the implementing partner. In other cases, contracts between the implementing partner and the final recipient or the financial intermediary or other entity referred to in point (a) of Article 16(1) shall be signed by 31 December 2028.
Amendment 389 #
2023/0199(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point 1 – point c
Article 18 – paragraph 1 – point 1 – point c
Regulation (EU) 2021/697
Article 4 – paragraph 5
Article 4 – paragraph 5
An amount of EUR 12 500 000 000 in current prices of the amount referred to in paragraph 2 shall be allocated to calls for proposals or awards of funding supporting investments contributing to the STEP objectives referred to in Article 2(1), point (a)(i) of Regulation .../...70 [STEP Regulation]. _________________ 70 Regulation …/… of the European Parliament and of the Council … [insert full title and OJ reference].
Amendment 393 #
2023/0199(COD)
Proposal for a regulation
Article 19 a (new) Regulation (EU) 2021/1755
Article 19 a (new) Regulation (EU) 2021/1755
Article 19a Amendments to Regulation (EU) 2021/1755 [BAR] Regulation (EU) 2021/1755 is amended as follows: (1) Article 4a is added: ‘Transfer to the European Regional Development Fund or the European Social Fund Plus' 1. By 30 September 2024, Member States may submit to the Commission an amendment of a programme in accordance with the Art 24 of the CPR to transfer all or part of the amounts of their provisional allocation set out in the implementing act of the Commission referred to in Article 4(5) to dedicated priorities established to support STEP objectives, supported by the ERDF or the ESF +. If the transfer request is approved, the Commission shall amend the implementing act in order to reflect the adjusted amounts following the transfer. 2. Transferred resources shall be implemented in accordance with the rules of the Fund to which the resources are transferred. 3. Where a Member State chooses to transfer all of its provisional allocation to the ERDF or the ESF +, Article 10(1) shall not apply. 4. Article 10(2) shall not apply to the resources transferred to the ERDF or the ESF +.’
Amendment 159 #
2023/0079(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The benchmarks should allow a certain level of flexibility to best reflect the uniqueness of the value chain of the raw material targeted, as each material has specific properties and challenges associated with its sourcing, processing and recycling. An open and constant dialogue between industry and policymakers should be encouraged to identify benchmarks that are both technically and economically feasible, as well as in line with the EU's objectives.
Amendment 189 #
2023/0079(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) When introducing certification schemes and environmental footprint requirements, a balanced approach is necessary to allow industry to comply with these obligations while guaranteeing a level playing field between EU and non- EU companies. Any regulation applying burdens to strategic and critical raw materials should be subject to a “check” of economic viability.
Amendment 212 #
2023/0079(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure clarity about the permitting status of 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 the permit granting process for Strategic Projects is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to simple dispute settlement procedure and that Strategic Projects are granted urgent treatment in all judicial and dispute resolution procedures relating to the projects. In addition, this regulation shall facilitate the exchange of best practices to resolve disputes, such as ad-hoc working groups under neutral arbiters to solve open issues.
Amendment 232 #
2023/0079(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Private investment by companies, financial investors and off takers is essential. Where private investment alone is not sufficient, the effective roll-out of projects along the critical raw material value chain may require public support, for example in the form of guarantees, loans or equity and quasi-equity investments. This public support may constitute State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines, which have recently undergone an in-depth revision in line with twin transition objectives, provide ample possibilities to support investments along the critical raw materials value chain subject to certain conditions. The Commission and the Member States should provide greater clarity as to how State Aid rules would be used and introduce grant, loan and tax credit mechanisms to support the EU existing industrial capacities and the creation of new facilities in the EU and third countries. These should be focused on both operational and capital expenditure.
Amendment 328 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii a (new)
Article 1 – paragraph 2 – point a – point iii a (new)
(iiia) As part of the report referred to in paragraph 3, the Commission shall publish its methodology for calculating and reporting on these benchmarks. A mechanism shall be developed to ensure that all metals are treated equally.
Amendment 438 #
2023/0079(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Commission shall use a transparent and clearly defined methodology for the assessment of materials to be included in the strategic raw materials list, including through the use of technical factsheets, similar to the methodology applied to the critical raw materials list. Strategic and critical raw materials lists shall be accompanied by an impact assessment of existing EU legislation and the impact it has on materials on those lists.
Amendment 458 #
2023/0079(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 459 #
2023/0079(COD)
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. All critical and strategic raw materials shall be considered to meet the “essentiality” criteria under the Essential Use Concept.
Amendment 469 #
2023/0079(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Any raw material that would no longer be considered to be a critical raw material as the result of an update as referred to in paragraph 4 shall be considered to be a critical raw material for three years following the publication of any such update.
Amendment 470 #
2023/0079(COD)
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. Any raw material that would no longer be considered to be a strategic raw material as the result of an update as referred to in paragraph 3 shall still be considered to be a strategic raw material for three years following the publication of any such update.
Amendment 476 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the project would make a meaningful contribution to the security of the Union's supply of strategic and critical raw materials;
Amendment 584 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The national competent authority referred to in paragraph 1 shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit granting process and the issuance of permits for critical raw materials projects, including, where applicable, alternative dispute resolution mechanisms. The Board shall share and diswcuss best practices including those from other relevant mining regions ensuring structured and predictable formats.
Amendment 700 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. The Commission shall protect European critical and strategic raw materials’ production from unfair trade practices by maintaining and strengthening trade defense measures, in order to ensure a level playing field. The EU should prioritise establishing WTO- compliant incentives to ensure a level playing field globally. These could take the form of consumer incentives for sustainable European raw materials or support to manufacture more advanced facilities.
Amendment 787 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point d
Article 25 – paragraph 1 – point d
(d) increase the technological maturity of recycling technologies for critical raw materials and to promote materials efficiency and the substitution of critical raw materials in applications, ensuring the same performance and when technically and economically feasible, at least by including support actions to that effect under national research & innovation programmes;
Amendment 921 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Board shall be composed of Member States, representatives of the raw materials industry and the Commission. It shall be chaired by the Commission.
Amendment 992 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point c a (new)
Annex I – Section 1 – paragraph 1 – point c a (new)
(ca) Coking coal
Amendment 1013 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point j
Annex I – Section 1 – paragraph 1 – point j
(j) Natural Graphite - battery gradGraphite
Amendment 74 #
2022/0219(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Reinforcing the European Defence Technological and Industrial Base (EDTIB) throughout the Union should therefore be at the core of those efforts. Indeed difficulties and gaps still exist and the European defence industrial base remains highlycapabilities remain fragmented, lacking sufficient collaborative action and inter- operability of products.
Amendment 79 #
2022/0219(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The current geopolitical situation in the Eastern neighbourhood of the Union has shown that, whereas the duplication of efforts should be avoided, a diversified defence market can contribute to the variety of products immediately available on the market and can therefore be beneficial to an adequate satisfaction of Member States’ urgent needs.
Amendment 80 #
2022/0219(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) FurthermoreNevertheless, efforts should be made so that the increased spending results in a much stronger European Defence Technological and Industrial Base. Indeed, without coordination andDTIB throughout the Union. Closer cooperation, together withe increased national investments, are likely to deepen the fragmentation of the European defence industrystrengthen the European defence capabilities as well as increase global competitiveness and efficiency of the defence industry across the Union.
Amendment 87 #
2022/0219(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In the light of the above challenges and the related structural changes in the EU Defence industry, it appears necessary to speed up the adjustment of the European Defence Technological and Industrial BaseDTIB, enhance its competitiveness and efficiency, and thereby contribute to strengthening and reforming Member States’ defence industrial capabilities. Addressing industrial shortfalls throughout the Union should include promptly tackling the most urgent gaps.
Amendment 91 #
2022/0219(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Common investment and defence procurement should in particular be incentivised, as such collaborative actions would ensure that the necessary changes in the EU industrial base takes place in a collaborative manner, avoiding further fragmentation of the industry.
Amendment 140 #
2022/0219(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Grants under the Instrument mayshould take the form of financing not linked to cost based on the achievement of results by reference to work packages, milestones or targets of the common procurement process, in order to create the necessary incentive effect.
Amendment 186 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) to foster cooperation in defence procurement process between participating Member States in order to contributinge to solidarity, interoperability, and prevention of crowding- out effects, avoiding fragmentation and increasings well as to reduce fragmentation, when it is not beneficial for the competition and diversity of products available on the European defence market, and to increase the effectiveness of public spending.
Amendment 57 #
2021/2011(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Notes that rising climate ambitions by countries - raw material exporters and their goals to establish their own manufacturing ecosystem around the extraction and procession of CRM, in part by selling it at preferential prices to domestic-based businesses, puts an additional strain on the security of their supply in Europe which should be taken into utmost account by the policymakers in setting mid and long-term climate and energy targets;
Amendment 77 #
2021/2011(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that funding opportunities of production, processing or recycling of all critical raw materials listed in the Communication COM(2020)474 is indispensable and all critical raw material producers should encounter equal access to financing from European sources to provide investments;
Amendment 82 #
2021/2011(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 91 #
2021/2011(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to pay attention not only to CRMs but also to the potential criticalityavailability from the EU sources of other raw materials needed for the twin transition;
Amendment 111 #
2021/2011(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to create an Important Project of Common European Interest (IPCEI) on CRMRaw Materials;
Amendment 138 #
2021/2011(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Commission to diversify national and European supply chains for both primary and secondary sources;
Amendment 160 #
2021/2011(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the proposal to map the potential supply of secondary CRMs from EU stocks and waste, waste and processing by- products; encourages the Commission to make this mapping exercise a priority and carry it out earlier than envisaged;
Amendment 191 #
2021/2011(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the need to analyse the impact of low-carbon technologies on the environmental footprint related to greenhouse gas emissions embedded in the imports of required raw material;
Amendment 196 #
2021/2011(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights that sourcing in the EU is subject to the highest environmental and social standards worldwide, provides thousands of highly qualified jobs and is an indispensable prerequisite of the green and digital transition; calls therefore on all actors to help build public acceptance for responsible CRM sourcing projects in the EU to support domestic production;
Amendment 208 #
2021/2011(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the importance of maintaining and further developing expertise and skills in mining and processing technologies in the EU; stresses that to achieve this funding opportunities for European producers of all the CRMs should be secured;
Amendment 218 #
2021/2011(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights that improved permitting predictability and efficiency, as well as prioritising key enablers such as competitive renewable and low-carbon energy supply, will help to unlock necessary investments;
Amendment 222 #
2021/2011(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Welcomes the special focus on coal-mining regions and other regions in transition in the exploring the potential of CRM projects as one of the alternative business models and sources of regional employment, as set out in by the Action Plan; expects the Commission to provide further details on the operationalisation of this priority;
Amendment 224 #
2021/2011(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Notes in this regard that CRM do not appear separately but are mixed in ore with base metals and their processing require a considerable amount of energy; therefore competitiveness and profitability of production is conditioned by availability of stable and affordable energy sources, as well as identification and development of relevant methods and technologies;
Amendment 233 #
2021/2011(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses, that if the Green Deal simply displaces Europe’s greenhouse gas emissions to its trading partners, it will have no impact at all on climate change; urges therefore the EU to push for enforceable multilateral agreements on containing global warming and exporting its environmental standards, including in mining, extracting and processing; considers that the EU will need to develop new trade and investment agreements, new models of financial and technical assistance and, more generally, a new approach to international diplomacy aimed at setting equal standards of sustainable investment and development and ensuring a level playing field;
Amendment 9 #
2021/2006(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the EU strategy to reduce methane emissions; supports a clear pathway and framework to address methane emissions in a more comprehensive fashion across Europe, by fostering synergies between sectors to strengthen the business case for capturing methane emissions; acknowledges the need for the alignment of EU reporting procedures, stresses however that this should not lead to duplication of national and EU-level reporting obligations;
Amendment 68 #
2021/2006(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the preparation of legislation for the energy sector with binding rulescost effective standards in the area onf monitoring, reporting and verification (MRV) and leak detection and repair, and the consideration of rules on routine venting and flaring; notes that rules on MRV should be prepared separately for each sector while taking into account its specifics;
Amendment 73 #
2021/2006(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Emphasize the need to place cost- efficiency at the centre of the proposed actions; notes that costs associated with implementing technologies and meeting high standards must not result in growing operation costs for energy companies and being passed to end users; warns that increased costs for consumers might serve as a deterrent in choice of low-emission fuels and therefore hamper necessary coal-to-gas fuel switch in areas particularly affected by fine-particle air pollution and weaken energy-poverty alleviation measures;
Amendment 127 #
2021/2006(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to consider a target on renewable and decarbonised gases for 2030, as this wouldset of policy instruments to facilitate the development of biomethane and ensure the deployment of the most cost-efficient solutions across the Member States in line with the principle of subsidiarity.
Amendment 133 #
2021/2006(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Draws attention that IAE methane tracker is based on old and outdated assumptions and data resulting in erroneous results when applied to the EU performance and therefore currently cannot be a basis for the EU policy making; calls for a dialogue with IAE in order to eliminate wide divergence in estimated emissions at the global, regional and country levels.
Amendment 94 #
2021/0423(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) A robust verification framework can improve the credibility of reported data. In addition, the level of detail and technical complexity of methane emissions measurements requires proper verification of methane emissions data reported by operators and mine operators. While self- verification is possible, third party verification ensures greater independence and transparency. In addition, it allows for a harmonized set of competences and level of expertise that may not be available to all public entities. Verifiers should be accredited by accreditation bodies in accordance with Regulation (EC) 765/2008 of the European Parliament and of the Council20 . Independent accredited verifiers should thus ensure that emissions reports prepared by operators and mine operators are correct and in compliance with the requirements set out in this Regulation. They verification activities should be conducted in line with rules of procedures stemming from best practices and taking due account of the nature of the operator's activities. The verifiers should review the data in the emissions reports to assess their reliability, credibility and accuracy against free and publicly available European or international standards developed by independent bodies and made applicable by the Commission. The Commission should thus be empowered to adopt delegated acts for the purpose of incorporating and setting out the applicability of such European or international standards. Verifiers are separate from competent authorities and should be independent from the operators and mine operators, who should provide them with all assistance necessary to enable or facilitate the performance of the verification activities, notably as regards access to the premises and the presentation of documentation or records. _________________ 20 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008).
Amendment 118 #
2021/0423(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Re-injection, utilisation on-site or dispatch of the methane to a market should always be preferable to flaring - and therefore venting - of methane. Operators that vent should provide proof to the competent authorities that neither re- injection, utilisation on-site or dispatch of the methane to a market nor flaring were possible and operators that flare should provide proof to the competent authorities that re-injection, utilisation on-site or dispatch of the methane to a market was not possible, including where this operation would be unprofitable and therefore would undermine economic viability of the operator.
Amendment 198 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘verifier’ means a legal person different from the competent authorities appointed in accordance with Article 4 of this Regulation which carries out verification activities and which is accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008 or a natural person otherwise authorised, without prejudice to Article 5(2) of that Regulation, at the time a verification statement is issued;
Amendment 202 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘low-risk source’ means component with marginal methane emissions, such as: 1. elements of an installation for which the taking of a leakage measurement requires the disassembly of the equipment, a component of the installation or the interruption of the ongoing process, in particular:a) equipment builtunder heat/cold insulation, b) equipment built inside cold boxes, c) valves, safety valves connected to common discharge manifolds; 2. plant components installed at height, without service platforms for measurement; 3. equipment in installations containing substances with a vapour pressure not exceeding 0.3 kPa at 20°C+20%; 4. components installed in system with an operating overpressure of not more than 0.5 bar.
Amendment 238 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24) ‘inactive well’ means an oil or gas well or well site where production, injection, disposal or workover operations for exploration or production have ceased for at least one year;, and which has not been permanently plugged and abandoned in accordance with regulatory requirements of the competent authorities
Amendment 250 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 34
Article 2 – paragraph 1 – point 34
Amendment 256 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 41
Article 2 – paragraph 1 – point 41
(41) ‘importer’ means a natural or legal person established in the Union who, in the course of a commercial activity, places fossil energy from a third country on the Union market.
Amendment 269 #
2021/0423(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. When fixing or approving transmission or distribution tariffs or the methodologies to be used by transmission system operators, distribution system operators, LNG terminal operators or other regulated companies including where applicable underground gas storage operators, regulatory authorities shall take into account theinclude the additional costs incurred and investments made to comply with the obligations under this Regulation, insofar as they correspond to those of an efficient and structurally comparable regulated operator.
Amendment 277 #
2021/0423(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Member States shall notify the Commission of the names and contact details of the competent authorities by … [36 months after the date of entry into force of this Regulation]. Member States shall notify the Commission without delay of any changes to the names or contact details of the competent authorities.
Amendment 280 #
2021/0423(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The competent authorities shall take the necessary measures to ensure compliance with the requirements set out in this Regulationis Regulation in accordance with the tasks specifically attributed to them.
Amendment 289 #
2021/0423(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The competent authorities shall cooperate with each other and with the Commission and as necessary with authorities of third countries, in order to ensure compliance with this Regulation. The Commission may set up a network of competent authorities to foster cooperation, with the necessary arrangements for exchanging information and best practices and allow for consultations. The data collected shall be in aggregate form to ensure the confidentiality of commercially sensitive information of companies.
Amendment 308 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. After the first inspection referred to in paragraph 1, the competent authorities shall draw up programmes for routine inspections based on a risk assessment. The period between inspections shall be based on an appraisal of the environmental risk and shall not exceed twohree years. Where an inspection has identified a serious breach of the requirements of this Regulation, the subsequent inspection shall take place within one year.
Amendment 327 #
2021/0423(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any natural or legal person which considers that it has suffered injury as a result of a breach of the requirements of this Regulation by operators or mine operators, may lodge a written complaint with the competent authorities.
Amendment 341 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Verifiers shall assess the conformity of the emissions reports submitted to them by operators or mine operators in accordance with this Regulation. The verification activities should be conducted in line with rules of procedures stemming from best practices and taking due account of the nature of the operator's activities. They shall assess the conformity of the reports with the requirements laid down this Regulation and review all data sources and methodologies used in order to assess their reliability, credibility and accuracy, in particular the following points:
Amendment 352 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
In carrying out the verification activities referred to in paragraph 1, verifiers shall use free and publicly available European or international standards for methane emissions quantification as made applicable by the Commission in accordance with paragraph 5. Until such date where the applicability of those standards is determined by the Commission, verifiers shall use existing European or international standards for quantification and verification of greenhouse gas emissions. Where no international or European standards are available, operators shall provide information to the verifiers on the methodologies used by the operators, for the purpose of verification activities.
Amendment 386 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By … [124 months from the date of entry into force of this Regulationpublication of the relevant implementing act referred to in paragraph 6], operators shall submit a report to the competent authorities containing the quantification of source- level methane emissions estimated using generic but source-specific emission factors for all sources, with the exception of low-risk sources.
Amendment 396 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. By … [2436 months from the date of entry into force of this Regulationpublication of the relevant implementing act referred to in paragraph 6], operators shall also submit a report to the competent authorities containing direct measurementsthe quantification of source-level methane emissions for operated assets, with the exception of low- risk sources. Reporting at such level may involve the use of source- level measurement and sampling as the basis for establishing specific emission factors used for emissions estimquantification.
Amendment 410 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
By … [3648 months from the date of entry into force of this Regulationpublication of the relevant implementing act referred to in paragraph 6] and by 30 March every year thereafter, operators shall submit a report to the competent authorities containing direct measurementquantifications of source-level methane emissions for operated assets referred to in paragraph 2, complemented by measurements of site- level methane emissionwith the exception of low-risk sources. These quantifications shall be complemented by quantifications of site- level methane emissions, starting from the year when technologies allowing for site- level methane emissions became available and respective methodologies developed and described in CEN standards, thereby allowing assessment and verification of the source- level estimates aggregated by site.
Amendment 425 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
Amendment 440 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. By … [36 months from the date of entry into force of this Regulationpublication of the relevant implementing act referred to in paragraph 6], undertakings established in the Union shall submit a report to the competent authorities containing direct measurementquantifications of source- level methane emissions for non-operated assets, with the exception of low-risk sources. Reporting at such level may involve the use of source-level measurement and sampling as the basis for establishing specific emission factors used for emissions estimation.
Amendment 452 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1
Article 12 – paragraph 5 – subparagraph 1
By … [48 months from the date of entry into force of this Regulationpublication of the relevant implementing act referred to in paragraph 6] and by 30 March every year thereafter, undertakings established in the Union shall submit a report to the competent authorities containing direct measurementquantifications of source- level methane emissions for non-operated assets as set out in paragraph 4, complemented by measurements ofwith the exception of low-risk sources. These quantifications shall be complemented by site-level methane emissions quantifications, starting from the year when technologies allowing for site- level methane emissions became available and respective methodologies developed and described in CEN standards, thereby allowing assessment and verification of the source- level estimates aggregated by site.
Amendment 457 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
Article 12 – paragraph 5 – subparagraph 2
Amendment 478 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 498 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. In the case of significant discrepancies between the emissions quantified using source-level methods and those resulting from site-level measurement, additional measurementcomparative analysis shall be carried out within the same reporting period.
Amendment 501 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
9. Methane emissions measurements or quantifications for gas infrastructure shall be conducted according to appropriate European (CEN) or international (ISO) standards for methane emissions quantification.
Amendment 517 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
By … [312 months from the date of entry into force of this Regulation], operators shall submit a leak detection and repair programme to the competent authorities which shall detail the contents of the surveys to be carried out in accordance with the requirements in this Article. Operators may choose not to include low- risk sources in their leak detection and repair program.
Amendment 539 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
By … [612 months from the date of entry into force of this Regulation], operators shall carry out a survey of all relevant components under their responsibility, with the exception of low-risk sources, in accordance with the leak detection and repair programme referred in paragraph 1.
Amendment 552 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Thereafter, leak detection and repair surveys shall be repeated every three months.six months. Operates may use continuous monitoring systems in place of or in combination with periodical surveys
Amendment 570 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In carrying out the surveys,periodic surveys or in using continuos monitoring system operators shall use devices that allow detection of loss of methane from components of 500 parts per million or more3 kg/h.
Amendment 593 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
Operators shall repair or replace all components found to be emitting 500 parts per million3 kg/h or more of methane.
Amendment 602 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
The repair or replacement of the components referred to in the first subparagraph shall take place immediately after detection, or as soon as possible thereafter but no later than fivethirty days after detection, provided operators can demonstrate that safety or technical considerations do not allow immediate action and provided operators establish a repair and monitoring schedule.
Amendment 606 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2 a (new)
Article 14 – paragraph 4 – subparagraph 2 a (new)
If however carrying out an immediate repair would lead to a worse environmental outcome in terms of emissions, that is to a situation where amount of methane vented during repair would exceed the amount of methane that would leak in the absence of repair, the operator shall seek approval by competent authorities to postpone the repair until the next scheduled system shutdown.
Amendment 614 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 3
Article 14 – paragraph 4 – subparagraph 3
Safety and technical considerations that do not allow immediate action, as referred to in the second subparagraph, shall be limited to taking into account safety to personnel and humans in proximity, scheduled maintenance, environmental impacts, concentration of methane loss, accessibility to component, availability of replacement of the component. Environmental impact considerations may include instances whereby repair could lead to a higher level of methane emissions than in the absence of the repair.
Amendment 642 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Notwithstanding paragraph 2, operators shall survey components that were found to be emitting 500 parts per million3 kg/h or more of methane during any of the previous surveys as soon as possible after the repair carried out pursuant to paragraph 4, and no later than 15 days thereafter to ensure that the repair was successful.
Amendment 651 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
Notwithstanding paragraph 2, operators shall survey components that were found to be emitting below 500 parts per million3 kg/h of methane, no later than three months after the emissions were detected, to check whether the size of loss of methane has changed.
Amendment 658 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 1
Article 14 – paragraph 6 – subparagraph 1
Without prejudice to the reporting obligations pursuant to paragraph 7, operators shall record all identified leaks, irrespective of their size, and shall continualregularly survey them to ensure that they are repaired in accordance with paragraph 4.
Amendment 663 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Within one month after each survey or every six months if using a continuous monitoring system, operators shall submit a report with the results of the survey and a repair and monitoring schedule to the competent authorities of the Member State where the relevant assets are located. The report shall include at least the elements set out in Annex I.
Amendment 672 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 9 a (new)
Article 14 – paragraph 9 a (new)
Amendment 681 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Venting and flaring shall only be allowed in the following situations:
Amendment 709 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. Venting and flaring under point (b) of paragraph 2 shall include the following specific situations where venting or flaring cannot be completely eliminated:
Amendment 803 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point a
Article 16 – paragraph 1 – subparagraph 1 – point a
(a) caused by an emergency or a malfunction;, and
Amendment 813 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
The notification referred to in the first subparagraph shall be made without delay after the event and at the latest within 4896 hours from the start of the event or the moment the operator became aware of it.
Amendment 817 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Operators shall submit to the competent authorities quarterlyannual reports of all venting and flaring referred to in paragraph 1 and in Article 15 in accordance with the elements set out in Annex II.
Amendment 822 #
2021/0423(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a facility is built, replaced or refurbished, or where new flare stacks or other combustion devices are installed, operators shall install only combustion devices with an auto-igniter or continuous pilot and a completet least 95% destruction and removal efficiency for hydrocarbons.
Amendment 827 #
2021/0423(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Operators shall ensure that all flare stacks or other combustion devices comply with the requirements of paragraph 1 by … [1236 months from the date of entry into force of this Regulation].
Amendment 828 #
2021/0423(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Operators shall conduct weekquarterly inspections of flare stacks or conduct continuous monitoring of flares in accordance with the elements set out in Annex III.
Amendment 838 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 844 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Reports containing the measurements referred to in paragraph 2information on quantification of methane emissions from inactive wells shall be submitted to the competent authorities by … [24 months of the date of entry into force of this Regulation] and by 30 March every year thereafter and cover the last available calendar year. Before submission to the competent authorities, the reports set out in this paragraph shall be assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.
Amendment 849 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. Where no emissions from inactive well were detected during five consecutive years, the obligations arising from paragraph 3 shall seize to apply to this well;
Amendment 852 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Member States shall be responsible for fulfilling the obligations laid down in paragraphs 2 and 3, except where a responsible party can be identified, in which case that party shall bear responsibility.
Amendment 859 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 1
Article 18 – paragraph 6 – subparagraph 1
Member States or responsible party shall develop and implement a mitigation plan to remediate, reclaim and permanently plug inactive wells located in their territory.
Amendment 865 #
2021/0423(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. This Section applies to operating underground and surface coal mines.
Amendment 868 #
2021/0423(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
Amendment 870 #
2021/0423(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 872 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. For underground coal mines, mine operators shall perform continuous ventilation air methane emissionssource level direct measurement andor quantification on all exhaust ventilation shafts used by the mine operator, using apparatus with a methane conc. Mine operators shall submit to competent authorities report on methane releases per ventrilation sensitivity threshold of at least 100 parts per millionhaft per year in kt of methane, using equipoment and methodologies resulting in a measurement accuracy in tolerance of +/- 5% of the reported amount. They shall also take monthly sample-based measurements.
Amendment 876 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Drainage stations operators shall perform continuous measurementsource level direct measurements or quantifications of volumes of vented and flared methane, regardless of the reasons for such venting and flaring activity.
Amendment 878 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 885 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 2
Article 20 – paragraph 4 – subparagraph 2
As regards continuous measurementssource level direct measurements or quantification referred to in paragraphs 1 and 2, where part of the measuring equipment is not operating for a period, readings taken during periods when the equipment was operating may be used to estimate data on a pro rata basis for the period that the equipment was not operating.
Amendment 888 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 3
Article 20 – paragraph 4 – subparagraph 3
The equipment used for continuous measurementsource level direct measurements or quantifications referred to in paragraphs 1 and 2 shall operate for more than 90% of the period for which it is used to monitor an emission, excluding downtime taken for re-calibration.
Amendment 891 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 896 #
2021/0423(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
This Section applies to the methane emissions from underground coal mines referred to in Article 19(2). By the way of derogation this section does not apply to operating underground mines that are included in a closure plan and are scheduled to seize its operating activities by 2037.
Amendment 899 #
2021/0423(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Venting and flaring with a destruction and removal efficiency below 95% and venting of methane from drainage stations shall be prohibited from [1 January 20258], except in the case of an emergency, a malfunction, including where the safety of personel is endangered, or where unavoidable and strictly necessary for maintenance. In such cases, drainage station operators shall vent only if flaring is not technically feasible or risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 23, drainage station operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.
Amendment 909 #
2021/0423(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Venting of methane through a ventilation shafts in coal mines emitting of more than 0.58 tonnes of methane/kilotonne of coal mined, other than coking coal mines, shall be prohibited from 1 January 202730.
Amendment 911 #
2021/0423(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 916 #
2021/0423(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 – introductory part
Article 23 – paragraph 1 – subparagraph 1 – introductory part
From [1 January 20258], drainage station operators shall notify the competent authorities of all venting and flaring events with a destruction and removal efficiency below 95%:
Amendment 922 #
2021/0423(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
This Section shall not apply to the methane used for electricity or heat production (energetic combustion of methane in engines or boilers)
Amendment 924 #
2021/0423(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. By … [124 months from the date of entry into force of this Regulation] Member States shall set up and make publicly available an inventory of all closed coal mines and abandoned underground coal mines in their territory or under their jurisdiction, in accordance with the methodology and including at least the elements set out in Part 1 of Annex VII.
Amendment 932 #
2021/0423(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
From … [1836 months from the date of entry into force of this Regulation], measurement equipment shall be installed on all elements listed in point (v) of Part 1 of Annex VII for closed coal minesthane emissions shall be measured in all closed and abandoned underground coal mines where operations have ceased since … [5[20 years prior to the date of entry into force of this Regulation]. Measurement equipment shall be installed on all elements listed in point (v) of Part 1 of Annex VII which were found to emit above 0,5 tonnes of methane per year.
Amendment 937 #
2021/0423(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3
Article 25 – paragraph 2 – subparagraph 3
The sensitivity threshold of the measurement equipment used for the measurements referred to in paragraph 2 shall be at least 10,000 parts per millionequipment shall perform measurements or quantifications taken in accordance with appropriate scientific standards and at least on an hourly basis and of sufficient quality to allow for a representative estimation of yearly methane emissions from all elements listed in part 1(vi) of Annex VII which were found to emit methane.
Amendment 941 #
2021/0423(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 4
Article 25 – paragraph 2 – subparagraph 4
The measurement equipment must operate for more than 970% of the period for which it is used to monitor the emissions, excluding downtime taken for re- calibration.
Amendment 944 #
2021/0423(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Reports containing estimates of yearly source-level methane emissions data shall be submitted to the competent authorities by … [2436 months of the date of entry into force of this Regulation] and by 30 March every year thereafter.
Amendment 949 #
2021/0423(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Mine operators or assets operators shall be responsible for the requirements referred to in paragraphs 2 and 3 as regards closed mines. Member States shall be responsible for the requirements referred to in paragraphs 2 and 3 as regards abandoned mines.
Amendment 950 #
2021/0423(COD)
Proposal for a regulation
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4 a. If measurement or quantification from element listed in Annex VII shall not demonstrate methane concentration emissions exceeding 1 tonne of methane for three consecutive years the responsible party shall be exempted from requirements 2 and 3 in relation to this element.
Amendment 954 #
2021/0423(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
On the basis of the inventory referred to in Article 25, Member States shall develop and implement a mitigation plan to address methane emissions from abandoned coal minesclosed and abandoned underground coal mines where operations have ceased since 20 years prior to the date of entry into force of this Regulation.
Amendment 964 #
2021/0423(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Derogation for operating underground mines that are included in a closure plan 1. By the way of derogation Section II shall not apply to underground coal mines that are included in closure plans and are scheduled to seize their operating activities by 2037. 2. Without prejudice to their national obligations to apply mitigation measures the operators of the coal mines referred in paragraph 1 shall be responsible for fulfilling obligations arising from Section III.
Amendment 975 #
2021/0423(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1 a. Each year, importers shall provide the competent authorities of the Member State in which the import is taking place with a report specifying the information on the measures aimed at decreasing methane emissions: a) taken by upstream oil and fossil gas producers as well as fossil gas gathering and processing, transmission, and liquefied natural gas terminals operators, including at least: i. direct measurements of site-level methane emissions, conducted by an ISO 17025 service provider, in the last available calendar year period including:data per detailed, individual, emission source type and detailed information on the quantification methodologies employed to measure methane emissions; ii. leak detection and repair surveys and programmes conducted within the last two calendar years in accordance with the ISO 14064; iii. information on all venting and flaring events within the last two calendar years. b) taken by producers of coal from underground coal mines, including at least: i. source-level methane emissions data measured for ventilation air methane emissions, calculated and quantified in accordance with the methodology described in part 1 of Annex V, ii. volumes of vented and flared methane calculated in each production site during the last 2 calendar years, iii. venting and flaring mitigation plans in force in the production site. The importers shall present the required information to the competent authorities for each site from which the import to the Member States has taken place.
Amendment 976 #
2021/0423(COD)
Proposal for a regulation
Article 27 – paragraph 1 b (new)
Article 27 – paragraph 1 b (new)
1 b. The report referred to in paragraph 1a, shall be accompanied by an assessment of the compliance of measures and information indicated in the report with relevant ISO standards (at least ISO 17025, ISO 14064), conducted by an independent certification/verification body.
Amendment 1026 #
2021/0423(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Member States shall notify the rules on penalties to the Commission by [312 months from the date of entry into force of the Regulation]. In addition, Member States shall notify any subsequent amendment affecting such rules to the Commission without delay.
Amendment 1034 #
2021/0423(COD)
Proposal for a regulation
Article 30 – paragraph 3 – point l a (new)
Article 30 – paragraph 3 – point l a (new)
(l a) failure of importers to provide the information required in accordance with Article 27, paragraph 1(a) (new);
Amendment 1035 #
2021/0423(COD)
(l b) failure of importers to provide the information required in accordance with an independent assessment of compliance conducted by a verification body.
Amendment 1065 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 2 – point iii
Annex I – paragraph 2 – point iii
(iii) For components found to be emitting 500 parts per million3kg/h or more of methane, indication of whether repair was undertaken during the LDAR survey and if not why, taking into account the requirements as regards what elements can be taken into account for a delayed repair, as per Article 14, paragraph 4.
Amendment 1071 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 2 – point iv
Annex I – paragraph 2 – point iv
(iv) For components found to be emitting 500 parts per million3kg/h or more of methane, planned repair schedule indicating planned date of repair,
Amendment 1074 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 2 – point v
Annex I – paragraph 2 – point v
(v) For components found to be emitting less than 500 parts per million3kg/h in previous LDAR survey, but found to be emitting 500 parts per million3kg/h or more of methane during post LDAR monitoring to check whether the size of loss of methane has evolved, indication whether repair was undertaken immediately and if not, why not (as per iii), and planned repair schedule indicating planned date of repair.
Amendment 1083 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 5 – point iii
Annex I – paragraph 5 – point iii
(iii) For components found to be emitting 500 parts per million3kg/h or more of methane, results of monitoring after repair to check if repair was successful
Amendment 1089 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 5 – point iv
Annex I – paragraph 5 – point iv
(iv) For components found to be emitting less than 500 parts per million3kg/h of methane, results of post LDAR monitoring to check whether the size of loss of methane has evolved and recommendation on the basis of finding.
Amendment 1093 #
2021/0423(COD)
Proposal for a regulation
Annex II – paragraph 1 – point v a (new)
Annex II – paragraph 1 – point v a (new)
(v a) flaring efficiency and the type of flare used
Amendment 1097 #
2021/0423(COD)
Proposal for a regulation
Annex II – paragraph 1 – point ix
Annex II – paragraph 1 – point ix
(ix) results of weekquarterly inspections of flare stacks or of continuous monitoring of flare stacks carriesd out in accordance with Article 17
Amendment 1099 #
2021/0423(COD)
Proposal for a regulation
Annex III – paragraph 1
Annex III – paragraph 1
Amendment 1111 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – introductory part
Annex VII – Part 1 – paragraph 1 – introductory part
Pursuant to Article 24 and 25, for each site, the inventory of closed and abandoned coal mines must include at least the following information, where available:
Amendment 1115 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – introductory part
Annex VII – Part 1 – paragraph 1 – point v – introductory part
(v) results of methane concentration measurementsource level direct measurement or quantification at the following elements:
Amendment 1127 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 2 – paragraph 1 – point ii
Annex VII – Part 2 – paragraph 1 – point ii
(ii) measurements must be performed using an apparatus with a sensitivity threshold of at least 10.000 ppm, at the closest available distance to the measured emission source.equipment allowing for estimating yearly emissions at least of 0,5 tonnes of methane;
Amendment 3 #
2021/0227(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the draft budget for 2022 as the first general budget with full implementation of the MFF Agreement, with the highest share of climate-relevant EU expenditure to date and a significant contribution to the EU’s digital transition; considers that the budget should fully align with the updated New Industrial Strategy and adequately alleviate the effects of the economic downturn; stresses that 2022 should be a year for boosting a rapid recovery for a resilient Europe;
Amendment 25 #
2021/0227(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the need to support research and innovation in the context of the current pandemic andhallenges arising from the EU’s green and digital ambitions; Calls for making available to Horizon Europe Programme the research decommitments from 2020 in line with Article 15(3) of the Financial Regulation; calls for the expenditure on health research from the Union budget to be at least equal to that in the 2021 general budget, given the evolving pandemic situation; calls for allocation of Next Generation EU funds to sectors hard hit by the crisis and to instruments that can contribute directly to the recovery of the European economy;
Amendment 34 #
2021/0227(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets the lack of ambition of draft budget for 2022 in regards to SME policy; recalls the analysis showing that there are distinct differences among sectors in the level of severity of impact and the extent of rebound; underlines that without additional long-term support it will not be possible to address adequately the severe, long-term consequences of the crisis on SMEs.
Amendment 25 #
2021/0211(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(12) thereof,
Amendment 79 #
2021/0211(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocatcomplements free allocation and is intended to protect against the increased risk of carbon leakage stemming from the enhanced climate mitigation ambitions of the Union. _________________ 51 [please insert full OJ reference]
Amendment 179 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/CE
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to the activities listed in Annexes I and III, and to the of greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 20 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold, it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process.
Amendment 210 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/CE
Article 9 – paragraph 1a
Article 9 – paragraph 1a
Amendment 222 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – third subparagraph
Article 10 – paragraph 1 – third subparagraph
In addition, 2,58 % of the total quantity of allowances between [year following the entry into force of the Directive]2021 and 2030 shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb.
Amendment 225 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2003/87/EC
Article 10 – paragraphs 1 b, 1 c, 1 d (new)
Article 10 – paragraphs 1 b, 1 c, 1 d (new)
(aa) In Article 10, the following paragraphs are inserted after paragraph 1a: ‘1b. Starting from 2024 Member State with a deficit of allowances in any year in the period after 2023 shall have their allowances exempted from the operation of market stability reserve in the following year up to the amount of their deficit in the previous year. 1c. For Member States with structural imbalance of allowances that persists even after the exemption from the operation of market stability reserve in the following year, the allowances in the Market Stability Reserve shall be used to cover this imbalance. This shall be done by comparing the total number of allowances for the beneficiary Member State against the emissions generated in the sectors covered by the EU ETS in the same year. For the purpose of this calculation the total number of allowances shall take into account all allowances: (a) to be auctioned by particular Member States in accordance with Article 10 together with (b) the total number of allowances received for free by installations in this Member State in accordance with Article 10a, and (c) the national allocation from the Modernisation Fund for that Member State in accordance with Article 10d. 1d. After establishing the level of deficit the national share of the Modernisation Fund shall be increased by the same amount or the Member State shall receive this amount of allowances from the Market Stability Reserve allowances that would otherwise be cancelled in that year. Should this be insufficient to fully compensate the deficit in year n then the rest of it shall be covered by using allowances already placed in the MSR to ensure a respective increase of the Modernisation Fund allocation for this Member State in year n+1.’.
Amendment 230 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget. Member States shall use at least 50 % of their revenues generated from the auctioning of allowances referred to in paragraph 2, or the equivalent in financial value of these revenues, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:
Amendment 237 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d a (new)
Article 1 – paragraph 1 – point 11 – point d a (new)
(da) In Article 10, a new paragraph is added: By 2025, the Commission shall issue a legislative proposal to enhance the supervision of the European carbon market, as well as related derivative markets. In particular, the Commission shall consider the need to establish a supervisory body with competences related to market intervention and sanctioning powers.
Amendment 243 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/CE
Article 10 a – paragraph 1 – second subparagraph – new
Article 10 a – paragraph 1 – second subparagraph – new
Amendment 252 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10 a – paragraph 1 – subparagraph 2
Article 10 a – paragraph 1 – subparagraph 2
Amendment 264 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii a (new)
Article 1 – paragraph 1 – point 12 – point a – point ii a (new)
Directive 2003/87/EC
Article 10 a – paragraph 1 – subparagraph 3 a (new)
Article 10 a – paragraph 1 – subparagraph 3 a (new)
(iia) In paragraph 1, the following subparagraph is inserted after the third subparagraph: To provide additional incentives to reduce greenhouse gas emissions and improve energy efficiency, the agreed EU ex ante benchmarks shall be reviewed before the 2026-2030 period with a view to possibly revising the definition and boundaries of the system of existing product benchmarks and district heating benchmark. By way of derogation from subparagraph 1, the ratios for district heating to be determined shall ensure the allocation of allowances in a way that provides an incentive to reduce greenhouse gas emissions. These indicators for the entire period referred to in Art. 11, second paragraph, takes the value specified in Commission Implementing Regulation (EU) 2021/447 for the heat benchmark.
Amendment 265 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – new
Article 10 a – paragraph 1 a – new
Amendment 296 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10 a – paragraph 2 – third paragraph – point d
Article 10 a – paragraph 2 – third paragraph – point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028, except in case of heat benchmark for district heating, whose maximum annual reduction rate should be defined in line with the district heating sector decarbonisation commitments until 2030 and should not exceed 1.6%.
Amendment 326 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 3
Article 10 a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime and aviation sectors and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 336 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/CE
Article 10 a – paragraph 8 – subparagraph 6
Article 10 a – paragraph 8 – subparagraph 6
Projects shall be selected on the basis of objective and transparent criteria, taking into account the need to ensure the fair geographical distribution of the projects, the level of emissions in a given Member State to define relevant emissions savings achieved by a given project and, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbon economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported.
Amendment 345 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 10 b – paragraph 4
Article 10 b – paragraph 4
(12a) In Article 10b, paragraph 4 is replaced by the following: Other sectors and subsectors are considered to be able to pass on more of the costs of allowances in product prices, and shall be allocated allowances free of charge at 30 % of the quantity determined pursuant to Article 10a. Unless otherwise decided in the review pursuant to Article 30, free allocations to other sectors and subsectors shall decrease by equal amounts after 2026 so as to reach a level of no free allocation in 2030. Allowances for district heating shall be allocated free of charge at 70% of the quantity determined pursuant to Article 10a. The free allocation for district heating shall decrease by a linear reduction factor referred to in Article 30c(2) of this Directive.
Amendment 356 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/CE
Article 10 d – paragraph 1 – subparagraph 2
Article 10 d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to energy generation facilities that use fossil fuels and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to energy generation facilities that use fossil fuels, except from district heating facilities for which the use of natural gas is allowed. The administrative and operationalisation costs of Member States shall be ensured from the Modernisation Fund.”
Amendment 403 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29 a
Article 29 a
(19a) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than three consecutive months, the monthly average allowance price is more than two times the average price of allowances during the two preceding years period on the European carbon market, the Commission shall convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC not later than within 7 working days. 2. For the purposes of paragraph 1: (a) the “monthly average carbon price” for any month is calculated by dividing the sum of the settlement prices of the relevant December futures contract as traded on the relevant carbon market exchange for each relevant day in the month by the number of relevant days in the month. (b) the “average price of allowances during the two preceding years period” is calculated by dividing the sum of the settlement prices of the relevant December futures contract as traded on the relevant carbon market exchange for each relevant day in the two year period ending with the last month before the first month of the period of three consecutive months by the number of relevant days in the two year period. 3. If the price evolution referred to in paragraph 1 is triggered, one of the following measures shall be implemented, taking into account the degree of price evolution: (a) by bringing forward the auctioning of a part of the quantity to be auctioned in a subsequent calendar year ; (b) by the release for auction up to 25 % of the remaining allowances in the new entrants reserve ; (c) by the release of an appropriate quantity of allowances from the Market Stability Reserve. The Committee may also consider additional interventions if the circumstances justify further or earlier action.
Amendment 406 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 29 b (new)
Article 29 b (new)
(19b) The following Article is inserted after Article 29a: Article 29b (new) 1. The access to the EU ETS market should be limited to entities that are installations, aviation and maritime operators with compliance obligations under the EU ETS. 2. Financial intermediaries purchasing allowances on account of the entities mentioned in paragraph 1 and not their own can be an exception. 3. The quantity of EU ETS allowances purchased during auctions by financial intermediaries cannot exceed what is reasonably needed to fulfil their contractual obligations towards entities mentioned in paragraph 1. 4. Article 6 paragraph 5 of the Auctioning Regulation (no 1031/2010) should be adjusted in accordance with paragraphs 1 and 2.
Amendment 425 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Decision (EU) 2015/1814
Article 1 – paragraph 4 a
Article 1 – paragraph 4 a
4a. As from [the year following the entry into force of this Directive]2026, the calculation of the total number of allowances in circulation shall include the number of allowances issued in respect of aviation and maritime transport since the beginning of that year, and the number of allowances surrendered by aircraft operators and ship operators in respect of emissions for which allowances are the units which can be used in respect of EU ETS obligations.
Amendment 427 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5
Article 1 – paragraph 5
5. In any given year, if the total number of allowances in circulation is between 833 million and 1 096 million, a number of allowances equal to the difference between the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, and 833 million, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 September of that year. If the total number of allowances in circulation is above 1 096 million allowances, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 September of that year shall be equal to 12 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubled.
Amendment 429 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5
Article 1 – paragraph 5
Amendment 434 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1 a – new
Article 1 a – new
Amendment 80 #
2021/0049(COD)
Proposal for a decision
Article 5 – paragraph 5
Article 5 – paragraph 5
5. For the purpose of valuing the in- kind contributions referred to in paragraph 2, points (a) and (b), the costs shall be determined in accordance with the usual accounting practices of the Participating States or the national funding bodies concerned, the applicable accounting standards ofthe same manner as the eligible costs for those organisations when the Py participate ing State where the Unational funding bodies concerned pare established and the applicable International Accounting Standards and International Financial Reporting Standardst of the work programme. The costs shall be certified by an independent auditor appointed by the Participating States or the national funding bodies concerned. Should there be any uncertainty arising from the certification, the valuation method may be verified by EURAMET. In the event of remaining uncertainties, the valuation method may be audited by EURAMET.
Amendment 101 #
2021/0049(COD)
Proposal for a decision
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The ex post audits of expenditure on indirect actions referred to in Article 6(1), points (a) and (b), shall be carried out by EURAMET in accordance with Article 48 of Regulation …[Horizon Europe](EU) [XXX] [].
Amendment 528 #
2021/0048(NLE)
Article 17 – paragraph 1
1. The executive director shall be appointed by the governing board on the basis of merit and skills, from the list of candidates proposed by the Commission, following an open and transparent selection procedure which shall respect the principle of gender balancArticle 45 of Horizon Europe.
Amendment 556 #
2021/0048(NLE)
Article 19 – paragraph 2
2. There shall be a balanced representation of experts among the members of the scientific advisory body, within the scope of the activities of the joint undertaking, including with respect to gender and geographical balance. Collectively, the members of the scientific advisory body shall have the necessary competences and expertise covering the technical domain in order to make science- based recommendations to the joint undertaking, taking into account the socio- economic impact of such recommendations and the objectives of the joint undertaking.
Amendment 624 #
2021/0048(NLE)
Article 44 – paragraph 1 – point b
(b) accelerate market deployment of the existing mature and innovative bio- based solutions in the whole range of European economic and environmental conditions;
Amendment 665 #
2021/0048(NLE)
Article 52 – paragraph 4
4. In addition to the meetings referred to in paragraph 2, the Governing Board shall also hold a strategic meeting at least once a year with the primary objective of identifying challenges and opportunities for sustainable bio-based industry and provide additional strategic orientation for the Circular Bio-based Europe Joint Undertaking in particular on the exploiting of the full potential of actors across Europe.
Amendment 694 #
2021/0048(NLE)
Article 57 – paragraph 1 – point b
(b) the founding members listed in Annex I, upon notification of their decision to unconditionally accede to the Clean Aviation Joint Undertaking by means of a letter of commitment; further possibilities for joining as a founding member will be provided;
Amendment 698 #
2021/0048(NLE)
Article 60 – paragraph 1 – point b
(b) activities directly linked to the Clean Aviation Joint Undertaking work programme not funded from any public source;
Amendment 699 #
2021/0048(NLE)
Article 60 – paragraph 1 – point c
(c) the research and innovation activities of projects with a clear link to the Strategic Research and Innovation Agenda, and funded under national or regional programmes within the Union less any public funding provided;
Amendment 825 #
2021/0048(NLE)
Article 85 – paragraph 1 – point b
(b) the founding members listed in Annex II, upon notification of their decision to unconditionally accede to the Joint Undertaking by means of a letter of commitment; further possibilities for joining as a founding member will be provided;
Amendment 932 #
2021/0048(NLE)
Article 124 – paragraph 2 – point f a (new)
(f a) support R&D for establishing design and production capabilities in Europe for strategic application areas.
Amendment 935 #
2021/0048(NLE)
Article 126 – paragraph 1 – point b
(b) the private members consisting of the following industrial associations and their constituent entities: the AENEAS Association, registered under French law, with its registered office in Paris, France; the ARTEMIS Industry Association (ARTEMISIA) registered under Dutch law, with its registered office in Eindhoven, the Netherlands; the EPoSS e.V. Association, registered under German law, with its registered office in Berlin, Germany.
Amendment 958 #
2021/0048(NLE)
Article 142 – paragraph 1 – point a
(a) strengthen and integrate the Union’s research and innovation capacity in the ATM sector, making it more resilient and scalable to fluctuations in traffic while enabling the seamless operation of all aircraft in all European regions with different ATM conditions airports;
Amendment 167 #
2021/0045(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 21,00 per gigabyte of data transmitted. That maximum wholesale charge shall decrease to EUR 1,50,70 per gigabyte of data transmitted on 1 January 20254. On 1 January 2025 the maximum average wholesale charge shall decrease to EUR 0,50 per gigabyte and shall, without prejudice to Articles 21, 22 and 23 remain at EUR 10,50 per gigabyte of data transmitted until 30 June 2032 .
Amendment 156 #
2020/2260(INI)
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
— having regard to Directive 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (Text with EEA relevance),
Amendment 333 #
2020/2260(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the proposed regulations will necessitate investment in the form of large number of costly technological adaptations requiring the broad transfer of new knowledge, thus posing a particular challenge for agriculture based on small and medium-sized family farms;
Amendment 448 #
2020/2260(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. having regard to the increasing globalisation of the food market and the related increase in importance of free trade agreements between the EU and third countries;
Amendment 484 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the farm to fork strategy as an important step in ensuring a sustainable, fair and resilient food system, which is central to achieving the goals set out in the European Green Deal and in the SDGs; emphasises the inextricable links between healthy people, healthy societies and a healthy planet, encourages the Commission to translate the strategy into concrete legislative and non-legislative action as soon as possi; at the same time takes a negative view of the failure to present an impact assessment of the strategy at the stage of its consultation with the Member States; points out that European farmers should be better informed about the new requirements and the scope of the adjustments that will apply to them after 2020, so as to strengthen the sense among the farming community that the legal framework is secure and stable;
Amendment 637 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2b. Calls on the Commission to demarcate in the proposed strategy, in an appropriate manner that is compliant with the TFEU, the financing of rural areas under the common agricultural policy and the cohesion policy, taking into account the objectives of each policy, as described in Article 39 and Article 174 of the Treaty on the Functioning of the EU, in order to limit the financing from CAP funds of investments not directly related to agriculture;
Amendment 723 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 797 #
2020/2260(INI)
3a. Notes, furthermore, that climate change poses a risk of the spread of new plant pests affecting both agricultural crops and forest areas; new phytosanitary risks may therefore make it difficult or impossible to achieve the objectives of reducing the use of plant protection products; calls at the same time for the continued strengthening of the European Union’s import regime, while respecting the provisions of the International Plant Protection Convention;
Amendment 1036 #
2020/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that, as regards the objective of allocating at least 25% of EU agricultural land to organic farming by 2030, there are significant disparities in the proportion of organic land in individual Member States, which may lead to a distortion of the competitive balance in the common market; also points out that there is a lack of clarification as to whether the 25% figure should include all land which is organically farmed or only land on which organic products are produced; takes the view that this lack of information makes it difficult both to assess the impact of the strategy on the market and to target support under the common agricultural policy tools;
Amendment 1162 #
2020/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of seed security and diversity, notably of promoting EU-grown plant proteins to deliver locally sourced food and feed stuffs with high nutritional value while granting farmers access to quality seeds for plant varieties adapted to the pressures of climate change, including traditional and locally-adapted varieties, while ensuring access to innovative plant breeding in order to contribute to healthy seeds and protect plants against harmful pests and diseases; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector; considers that reducing the EU’s dependence on imports of plant proteins has significant sustainability benefits worldwide and calls for the promotion of EU-grown plant proteins to provide locally sourced food and feed with high nutritional value;
Amendment 1470 #
2020/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to follow up on Directive (EU) 2019/633 on unfair trading practices22 and the EU code of conduct on responsible business and marketing practices by producing a monitoring framework for the food and retail sectors and providing for legal action if progress in integrating economic, environmental and social sustainability into corporate strategies is insufficient; these actions should help to promote and reward the efforts of sustainable agricultural producers while increasing the availability and affordability of healthy, sustainable food options and reducing the overall environmental footprint of the food system; stresses the importance of halting and addressing consolidation and concentration in the grocery retail sector in order to ensure fair prices for farmers; recalls furthermore, in relation to the problem of dual quality products in the EU common market, that under Directive 2019/2161 of the European Parliament and of the Council of 27 November 2019 with regard to better enforcement and modernisation of EU consumer protection rules, misleading consumers as to the composition of a product, after individual assessment by the competent authorities, may be considered an unfair commercial practice prohibited by EU law; _________________ 22 OJ L 111, 30.3.2007, p. 59.
Amendment 1623 #
2020/2260(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Points out that farmers have a weaker bargaining position vis-à-vis processing and the large-scale trade and competition from non-EU suppliers in the supply chain; and therefore also recommends institutional and financial support for agricultural producers in setting up joint economic structures such as agricultural producer groups and organisations and cooperatives;
Amendment 1638 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for measures to reduce the burden that highly processed foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory EU-wide front-of-pack nutrition labelling system based on independent science; takes the view that reducing the prevalence of excess weight and obesity, reducing morbidity and mortality due to cardiovascular disease, cancer and type 2 diabetes, and increasing the number of healthy life years should be priority objectives; recommends, therefore, that the stimulation of sustainable food processing practices should take into account current data on food and food ingredient consumption in individual countries, their impact on health, as well as recommendations on the principles of proper nutrition;
Amendment 2096 #
2020/2260(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance EU funding for research and innovation as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecological practices in both social and technological innovation, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States; emphasises that the costs of the transition must not lead to a reduction in farm profitability and that meeting higher environmental standards must entail an increase in economic scale; emphasises, in particular, that the new model for implementing the common agricultural policy must seek to reduce the risk of a lower uptake of funds by final beneficiaries as a result of increased conditionality requirements; is concerned that preliminary analyses indicate that the cumulative effect of implementing the Green Deal strategy could result in a significant reduction in farm profitability in the first period and could disrupt the liquidity of payments from the second pillar of the CAP;
Amendment 2139 #
2020/2260(INI)
25 a. Deforestation and forest degradation Considers, in view of the Commission’s plans to introduce in 2021 a legislative proposal and other measures to avoid or minimise the placing on the EU market of products associated with deforestation and forest degradation, that the proposed provisions need to be clarified, in particular, a clear definition is needed of ‘products associated with deforestation and forest degradation' and of the concept of ‘forest degradation’ itself; calls on the Commission to consult the relevant definitions with forestry experts in European Union countries and to incorporate these provisions into the forestry strategy currently being drawn up;
Amendment 2199 #
2020/2260(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations and standards and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account; takes the view, therefore, that the EU’s trade policy should make the granting of preferences and strengthening of cooperation with third countries conditional on those countries undertaking and actually implementing ambitious commitments in key areas such as animal welfare, the use of pesticides and the fight against antimicrobial resistance;
Amendment 5 #
2020/2140(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that more than half of EU expenditure in 2019 may be considered as high-risk, including reimbursement-based payments for investments in the areas of cohesion and rural development; notes that the increase in the estimated rate of material error from 4,5 % in 2018 to 4,9 % in 2019 can result in auditors giving an adverse opinion on EU expenditurthe estimated error rate for the section 'Cohesion' drops from 5% (for 2018) to 4.4%, which is in line with the downward trend of the error rate in this area (in 2015 and 2016 it was 5.2% and 4.8% respectively); recalls that for the 2000-2006 programming period, this section of the EU budget recorded a double digit error rate;
Amendment 7 #
2020/2140(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Is of the opinion that the level of error estimated by the European Court of Auditors (ECA) for 2019 expenditure in this area should be assessed in the context of the multiannual nature of the programmes, in which case further corrections are exercised at a later stage which would lead to a significant reduction of the risk at the programme closure;
Amendment 8 #
2020/2140(DEC)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Addresses the European Court of Auditors with a request to produce a report with an estimated error rate after the closure of the 2007-2013 Cohesion Policy programmes;
Amendment 11 #
2020/2140(DEC)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 18 #
2020/2140(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the main reasons for this error rate are project ineligibility, infringement of internal market rules, and ineligible expenditure; recalls that these areas have high inherent risk of error and that checks by managing authorities and audit institutions are not always effective;
Amendment 27 #
2020/2140(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes efforts to simplify requirements to be made of project managers and management authorities in the Member States under the 2021-2027 programming period of the Common Provisions Regulation; however, as also noted by the European Court of Auditors, a number of provisions lack clarity as to their implementation and many procedures risk being complex depending on the rules of the different Member States. To this end, the Commission is invited, in a structured dialogue with Member States, to analyse administrative practices and procedures at Member State level in order to eliminate inefficiencies and to disseminate examples of effective administrative practices and procedures to all competent authorities of the Member States;
Amendment 35 #
2020/2140(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Shares the Court's conclusions stating that the change in the rules for the implementation of ESI Funds (Cohesion Policy and Agriculture / Fisheries), due to the crisis related to the COVID-19 pandemic, should further accelerate the implementation process;
Amendment 40 #
2020/2140(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes with concern that, at the end of the sixth year of implementation, absorption rates for the European Regional Development Fund (ERDF) and Cohesion Fund (CF) are 6,6% lower than at the same stage in the previous programming period; and draws attention to the risk that, as the eligibility period draws to an end and given the circumstances of the COVID-19 crisis, Member States may prioritise spending over performance and regularity.
Amendment 42 #
2020/2140(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes with concern that, at the end of the sixth year of implementation, absorption rates for the European Regional Development Fund (ERDF) and Cohesion Fund (CF) are 6,6% lower than at the same stage in the previous programming period; and draws attention to the risk that, as the eligibility period draws to an end and given the circumstances of the COVID-19 crisis, Member States may prioritise spending over performance and regularity.; stresses, however, that the absorption rate of ESI Funds in 2019 was higher than in any other year of MFF 2014-2020 period;
Amendment 48 #
2020/2140(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 50 #
2020/2140(DEC)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Commission to identify the regions have a low funding take-up rates and to help them to improve it through the identification of the rules that can improve the efficiency and effectiveness of the Cohesion Funds;
Amendment 52 #
2020/2140(DEC)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Urges the Commission to propose clear and easily applicable definitions and criteria for monitoring the funds available to fight the consequences of the COVID- 19 crisis;
Amendment 53 #
2020/2140(DEC)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Invites the Commission to interrupt or suspend payments in case of fraud, but where serious deficiencies in management and control systems have been identified, to use the block as last resort, when all other options have been exhausted, because suspending payments could have serious consequences for the regions severely hit already by the COVID-19 crisis;
Amendment 4 #
2020/2087(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union Solidarity Fund (EUSF), established by Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States and accession countries undergoing major disasters or major public health emergencies, represents true European added value and the materialisation of a will, that has sometimes been insufficient or lacking, to provide mutual assistance and solidarity at Union level;
Amendment 20 #
2020/2087(INI)
Motion for a resolution
Recital E
Recital E
E. noting the usefulness of the EUSF, highlighted by the Commission’s evaluation, in particular as regards reducing the burden on local authorities facing significant damage as a result of natural disasters or health emergencies;
Amendment 50 #
2020/2087(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its deep concern that extreme weather events and natural disasters will only increase and intensify alongside climate change;
Amendment 58 #
2020/2087(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Draws attention to events such as COVID-19, which is severely affecting all of Europe, forest fires across the continent, including in unusual places such as the Arctic, and the series of violent earthquakes in Europe, particularly in Italy in 2016-2017, causing hundreds of deaths and some EUR 22 billion in damage, and in Croatia in March 2020; points out, moreover, that storms, extreme rainfall and flooding have caused considerable damage in many cities and valleys, and that increasingly violent hurricanes have caused devastation in the outermost regions, such as Hurricane Irma in 2017 in Saint-Martin, and Hurricane Lorenzo in 2019 in the Azores, which were particularly destructive; also recalls that it is necessary not to underestimate the problem of infectious plant diseases, such as xylella fastidiosa, which cause considerable damage to the environment and regional economies;
Amendment 66 #
2020/2087(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that it is vital that aid and funds be sent every more rapidly and easily to affected regions, and that links with the Union Civil Protection Mechanism (UCPM) and the ERDF climate-change adaptation component are essential in order to create a comprehensive package;
Amendment 97 #
2020/2087(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and the Member States to strengthen their research and education in order to put in place a system to ensure better preparedness to prevent and manage disasters and to minimize the impact of such crises;
Amendment 98 #
2020/2087(INI)
12b. Calls for increased coordination and cooperation between the research and development institutions of Member States, especially those facing similar risks; calls for enhanced early warning systems in Member States and the creation and strengthening of links between the various early warning systems;
Amendment 99 #
2020/2087(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Suggests that Member States identify investments, projects and tools in their National Recovery and Resilience Plans in order to prevent and limit damage from natural and health disasters;
Amendment 122 #
2020/2087(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that the establishment of a SEAR may have the advantage of some flexibility, but notes that, in its current form, the EUSF allocation remains uncertain, since it depends on the amounts mobilised by the EAR; undertakes, accordingly, closely to monitor the management of the SEAR in order to see whether the funding amount and allocation key provided for in this new financial instrument meet the needs of the EUSF, in view of the extension of its scope and the scale and proliferation of emergencies resulting, in particular, from climate changenatural disasters, climate change and the health emergency;
Amendment 133 #
2020/2087(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes with regret that it takes on average one year for the entire grant to reach the beneficiary and that the Fund cannot therefore, under the current conditions, claim to act as an instrument for rapid intervention; calls on the Commission to expedite payment procedures and to explore ways tof simplifying and make flexible, as much as possible, the administrative procedures required to access aid, in order to relieve disaster- stricken regions or countries from unnecessary administrative burdens;
Amendment 138 #
2020/2087(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Believes that, in the future, the EUSF budget will have to be increased in order to make it a real tool for EU solidarity; to this end, believes that the EUSF is not only used for damage repair but also for resilience in relation to climate change, natural disasters and public health emergencies in order to exit stronger from the disaster situation;
Amendment 142 #
2020/2087(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to strengthen synergies between the EUSF and cohesion funds, as well as with the UCPM, with a view to effective and structured risk management in the short, medium and long term, not only through the construction of sustainable, energy- and resource-efficient infrastructure, but also through the deployment of preventive measures; also calls on the Commission to demonstrate flexibility with programming and amending of nationals operational programmes when they comes to dealing with natural disasters;
Amendment 17 #
2020/2074(INI)
Motion for a resolution
Recital B
Recital B
Amendment 19 #
2020/2074(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas for many Member States the transitional use of energy sources based on natural gas could be essential in achieving a fair energy transition that does not harm society and leaves no-one behind;
Amendment 57 #
2020/2074(INI)
Motion for a resolution
Recital J
Recital J
Amendment 70 #
2020/2074(INI)
Motion for a resolution
Recital L
Recital L
L. whereas a multilayered European governance model built on an active and constructive partnership between the various levels of governance and stakeholders is key tocould prove essential in achieving the climate neutrality transition;
Amendment 88 #
2020/2074(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s proposal on the European Climate Law, which enshrines the 2050 climate neutrality target for the Union into Union legislation, including the intermediate targets for 2030 and 2040;
Amendment 99 #
2020/2074(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the crucial role for Cohesion Policy in fighting climate change and achieving climate neutrality in the EU by 2050 at the latest and the intermediate target by 2030, as well as the role of local and regional authorities in mitigating and adapting to climate change, in particular through a far-reaching reform of investment policies, with a view to increasing the operational capacity of the Member States and their public administration entities;
Amendment 152 #
2020/2074(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to monitor the progress of national governments and local and regional authorities in addressing climate change; sStresses the need to enhance the effectiveness and complementarity of ESI Funds in the area of tackling climate change;
Amendment 202 #
2020/2074(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 12 #
2020/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomAcknowledges the Paris Agreement, the Green Deal and the EU collective goal of achieving climate neutrality by 2050; notes the lack of international climate efforts; believes that an EU carbon border adjustment mechanism (‘the mechanism’) could incentivise international efforts to combat climate change;
Amendment 57 #
2020/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Suggests a progressive mechanism that first includes sectors with the highestbased on sector’s risk of carbon leakage before being enlarged over time, with the potential for emissions abatement in third countries, and limited impact on downstream sectors before being enlarged over time, after a thorough and comprehensive analysis of the mechanism’s impact on the sectors in question and downstream sectors; stresses that this should not lead to internal market distortions;
Amendment 74 #
2020/2043(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights that introduction of CBAM should be seen as increased effort to ensure emissions reductions in addition to existing measures.
Amendment 78 #
2020/2043(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that an important objective of the carbon border adjustment mechanism should be creating incentives for third country governments and exporters to reduce their emissions, therefore the potential for reducing greenhouse gas emissions should be an important factor when selecting sectors to be covered by the mechanism;
Amendment 81 #
2020/2043(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Observes that since carbon border adjustment mechanism can only secure the competitiveness of the EU industry against competing polluting imports on the domestic EU market and not on export markets, then EU should maintain all existing measures ensuring EU industry’s competitiveness on export markets;
Amendment 91 #
2020/2043(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the resources incurred by the mechanism are to be considered EU own resources; is convinced that these resources must be used for climate measures; in particular it should be channelled to the regions covered by the Just Transition Plans;
Amendment 104 #
2020/2043(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to conduct an impact assessment, which covers the impact of the mechanism on each Member State, of different mechanisms and designs to incentivise international climate action and prevent carbon leakage before presenting a legislative proposal; stresses the need to take the competitiveness of the EU industry in consideration whilst carrying out the impact assessment.
Amendment 38 #
2020/2039(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas cohesion policy is an appropriate instrument for preventing differences in the treatment of women and men, particularly in areas facing problems associated with demographic change;
Amendment 46 #
2020/2039(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the crisis triggered by the COVID-19 pandemic and the extraordinary measures taken in response by the European Union, the Member States and the regional and local authorities, as well as the direct and indirect effects of these measures, will have a short-term and long-term impact on demographic trends that is difficult to estimate with any accuracy;
Amendment 49 #
2020/2039(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas preliminary studies suggest that the COVID-19 pandemic has worsened existing inequalities between men and women, in part because of the increased burden of unpaid care in households, which in turn also leads to an increased likelihood of job losses or resignations necessitated by the circumstances; whereas this phenomenon has a disproportionate impact on women, which should be taken into account when considering demographic change as an aspect of cohesion policy;
Amendment 52 #
2020/2039(INI)
Motion for a resolution
Recital F
Recital F
F. whereas innovation and investment in human capital, which also occur as part of the corresponding process of socialisation within the family as well as through education, are the main drivers of socio-economic and employment growth for Member States and their regions over the medium to long term;
Amendment 90 #
2020/2039(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that in general rural, and post- industrial and remotereas and towns that are remote from major metropolitan areas are facing a number of specific situations: a considerable decline in population numbers, lower than national or EU average levels of income and difficulties of territorial integration with other regions, making them more exposed to the risk of depopulation; points out that rural regions currently account for 28 % of Europe’s population but this is predicted to fall significantly in the future;
Amendment 96 #
2020/2039(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Draws attention to some of the drivers of demographic change, forcing inhabitants from the abovementioned areas to leave and discouraging others from moving there: poor infrastructure, including a lack of fast broadband internet and missing transport networks, fewer job opportunities, particularly in occupations requiring higher education, and also in general for women owing to the widespread masculinisation of the labour market in peripheral areas, lack of public services and difficult access to health services, fewer education opportunities, making it more difficult to adapt to technological change, and a lack of cultural venues and leisure activities;
Amendment 108 #
2020/2039(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is of the view that urban areas are also exposed to depopulation, with one in five cities in Europe facing population losses since 1990, whereby depopulation is not adequately reflected in the records kept by statistical offices and agencies because the figures for people leaving areas are delayed by many years; emphasises in this regard that this phenomenon means that the actual scale of depopulation in rural areas and in small and medium-sized towns and cities is underestimated; notes also that this problem affects the majority of non- metropolitan towns and cities, in particular small towns and cities; notes, however, that urban shrinkage is not always a continuous linear process and can be episodic or temporary, depending on the territorial context;
Amendment 114 #
2020/2039(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines a pattern of ‘inner peripheralisation’, in the sense that central, eastern and southern European regions report a substantially negative net population migration rate, while northern and western European regions report a substantially positive rate, receiving constantly large numbers of economic migrants;
Amendment 118 #
2020/2039(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that the metropolitan areas around major cities register a positive migration rate, with characteristic rural-to-urban population movements, as a consequence ofnd therefore experience an influx of young people with enormous growth potential without previously having had to incur the costs of their care, upbringing and primary and/or secondary education, which results in an increasingly urbanised concentration in employment growth patterns;
Amendment 121 #
2020/2039(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes also that regions presenting a high share of people with high levels of education and providing more employment opportunities for people with high levels of education are less exposed to the depopulation process;
Amendment 142 #
2020/2039(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that local and regional authorities, with the support of the central and EU authorities, should play a decisive role in developing territorial strategies, taking into consideration the development needs and the potential of the areas concerned, including the economic, social and demographic trends; points out that community-led local development strategies are a useful tool that can be used to create jobs and increase accessibility to services at local level;
Amendment 155 #
2020/2039(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls the need for strategies aimed at reversing labour migration; calls on local and, regional, central and EU authorities to tackle the brain drain in ‘sending’ regions through prevention, mitigation and appropriate responses; underlines in this context that there are already several initiatives in various Member States, such as incentives for workers with highly specialised skills, aimed at turning the brain drain into a brain gain for the regions in question;
Amendment 161 #
2020/2039(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the COVID-19 health crisis has affected all Member States and regions to different extents, and is likely to lead to new trends as regards demographic flows; recalls in this context that the additional resources provided through REACT-EU in order to ensure a sound and robust recovery of the EU’s economy from the crisis could significantly help to keep people in employment, including through support for small and medium-size enterprises and for short-time work schemes and the self-employed and create new jobs for educated individuals in areas at risk of depopulation, including through support for small and medium-size enterprises and the self-employed, and through the introduction of flexible working arrangements, including remote or short- time work;
Amendment 174 #
2020/2039(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that the Recovery and Resilience Facility will provide large-scale financial support to make Member States’ economies more resilient and better prepared for the future, and insists that Member States should propose and implement measures for addressing adverse demographic change; highlights the importance of the instruments f, for example by putting in place more widespread telework a trransition to sustainability such as the Just Transition Fund and its implementation mechanism, which aim to support the communities affected by the energy transition and avoid thegements that allow remote working, thereby making it possible for young educated people to stay in areas which they might previously have left and which are at particular risk of depopulation;
Amendment 201 #
2020/2039(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member State to include differentiated demographic challenges in their national development policies and long- term strategies for sustainable development correlated with the European Semester, thus ensuring proper financing for demographic issues;
Amendment 209 #
2020/2039(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the regions at risk of depopulation to focus investments on the creation of jobs, in particular for young people, including those who have completed higher education, as well as on ways of encouraging young families to settle in those regions and on universal accessibility to quality services and infrastructure and job creation; insists on investment in education, reskilling of workers, creating entrepreneurial conditions and supporting SMEs;
Amendment 244 #
2020/2039(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recommends developing the so- called ‘oasis strategies’ focusing on the most successful, vibrant and growing sectors, by exploiting the local potential for development of the region; calls on the local and regional authorities to focus on attracting young, trained and talented workers and retaining any such workers who are currently employed, encouraging entrepreneurship, using local, national and EU incentives; underlines the role of the ‘silver economy’ as a policy shift for rural areas, turning the issue of population ageing into an opportunity for the development of rural areas;
Amendment 272 #
2020/2039(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends, where appropriate, the reform of education and training systems in the Member States, inter alia by developing educational pathways to occupations that are compatible with remote working, combined with policies to prevent a permanent brain drain from the ‘sending’ regions; insists on using local at regional advantages, as well as the development of economic and social facilities, not only to prevent the brain drain, but also to reverse this phenomenon;
Amendment 69 #
2020/0380(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Following the end of the transition period, barriers to trade and to cross-border exchanges between the Union and the United Kingdom will be present. Broad and far-reaching consequences for businesses, particularly SMEs, citizens and public administrations are expected. Those consequences are unavoidable and stakeholders need to make sure that they are ready for them.
Amendment 71 #
2020/0380(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) On 24 December 2020, the Agreement on Trade and Cooperation between the European Union and the European Atomic Energy Community, on one hand, and the United Kingdom of Great Britain and Northern Ireland, on the other, was reached. This agreement, which prevented the hypothesis of a "Hard Brexit", regulates the framework of future relations between the EU and the United Kingdom relating, in particular, to the following areas: trade in goods and services, investment, competition, energy and sustainability, fisheries, data protection and coordination in the field of social security.
Amendment 90 #
2020/0380(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For the purposes of contributing to economic, social and territorial cohesion, it is appropriate that Member States, when designing support measures, focus in particular on the regions, areas and local communities, including those dependent on fishing activities in the United Kingdom waters, that are likely to be most negatively impacted by the withdrawal of the United Kingdom. Member States may have to take specific measures notably to support businesses, in particular SMEs and their employees, and economic sectors adversely affected by the withdrawal. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective.
Amendment 121 #
2020/0380(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to enable Member States to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the Reserve, a substantial amount thereof should be disbursed in 2021period 2021-2023 as pre- financing. The distribution method should take into account the importance of trade with the United Kingdom and the importance of fisheries in the United Kingdom exclusive economic zone, based on reliable and official statistics. Given the unique nature of the event that the withdrawal of the United Kingdom from the Union constitutes and the uncertainty that has surrounded key aspects of the relationship between the United Kingdom and the Union after the expiry of the transition period, it is difficult to anticipate the appropriate measures Member States will have to take rapidly to counter the effects of the withdrawal. It is therefore necessary to grant Member States flexibility and in particular to allow the Commission to adopt the financing decision providing the pre-financing without the obligation pursuant to Article 110(2) of the Financial Regulation to provide a description of the concrete actions to be financednecessary to grant Member States certain flexibility.
Amendment 122 #
2020/0380(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to enable Member States to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the Reserve, a substantial amount thereof should be disbursed in 2021 as pre-financing. The distribution method should take into account the importance of trade with the United Kingdom, impact of the withdrawal on the migration flows of the EU nationals and the importance of fisheries in the United Kingdom exclusive economic zone, based on reliable and official statistics. Given the unique nature of the event that the withdrawal of the United Kingdom from the Union constitutes and the uncertainty that has surrounded key aspects of the relationship between the United Kingdom and the Union after the expiry of the transition period, it is difficult to anticipate the appropriate measures Member States will have to take rapidly to counter the effects of the withdrawal. It is therefore necessary to grant Member States flexibility and in particular to allow the Commission to adopt the financing decision providing the pre-financing without the obligation pursuant to Article 110(2) of the Financial Regulation to provide a description of the concrete actions to be financednecessary to grant Member States certain flexibility.
Amendment 136 #
2020/0380(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure equal treatment of all Member States and consistency in the evaluation of the applications, the Commission should assess the applications in a package. It should look in particular into the eligibility and the accuracy of the expenditure declared, the direct link of the expenditure with measures taken to address the consequences of the withdrawal and the measures put in place by the Member State concerned to avoid double funding. Upon assessment of the applications for a financial contribution from the Reserve, the Commission should clear the pre- financing paid, and recover the unused amount. In order to concentrate the support on Member States most affected by the withdrawal, where the expenditure in the Member State concerned, accepted as eligible by the Commission, exceeds the amount paid as pre-financing and 0.06% of the nominal Gross National Income (GNI) for 2021 of the Member State concerned, it should be possible to allow for a further allocation from the Reserve to that Member State within the limits of the financial resources available. Given the extent of the expected economic shock, the possibility to usecases of payments to Member States under Article 11(6) of this Regulation being made at a rate of 100%, the amounts recovered from thshould be pre-financing for the reimbursement of additional expenditure by Member States should be provided forturned to the national budgets of the Member States.
Amendment 161 #
2020/0380(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘reference period’ means the reference period referred to in Article 63(5), point (a), of the Financial Regulation, which shall be from 1 July 2020 to 31 December 20224;
Amendment 168 #
2020/0380(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The Reserve shall provide support to counter the adversimmediate and negative consequences of the withdrawal of the United Kingdom from the Union in Member States, regions and sectors, in particular those that are worst affected by that withdrawal, and to mitigate the related impact on the economic, social and territorial cohesion.
Amendment 172 #
2020/0380(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. The resources referred to in paragraph 2 shall be allocated as a pre- financing amount of EUR 5 370 994 000 in 2021 in accordance with Article 8 and distributed in three annual tranches in the years 2021-2023 as follows:
Amendment 173 #
2020/0380(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
Amendment 178 #
2020/0380(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
Amendment 183 #
2020/0380(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b a (new)
Article 4 – paragraph 3 – point b a (new)
(ba) - in 2021 - 40% - in 2022 - 30% - in 2023 - 30%
Amendment 184 #
2020/0380(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
The amounts referred to in point (a) of the first subparagraph of this paragraph shall be considered pre-financing within the meaning of Article 115(2), point (b)(i), of the Financial Regulation.
Amendment 194 #
2020/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) measures to support the most affected economic sectors, in particular the agro-food and capital goods sectors;
Amendment 209 #
2020/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) assistance and support measures for Member States to set up databases to help European citizens who have lost their jobs as a result of the UK's withdrawal back into employment;
Amendment 220 #
2020/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) measures aimed at re-integration of EU-nationals that left the United Kingdom, as a result of the withdrawal;
Amendment 224 #
2020/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
(gb) technical assistance for the management, monitoring, information and communication, complaint resolution, and control and auditing of the Reserve;
Amendment 230 #
2020/0380(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. When designing support measures, Member States shall take into account the varied impact of the withdrawal of the United Kingdom from the Union on different regions and local communities and focus support from the Reserve on those most affected, as appropriate.
Amendment 240 #
2020/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 253 #
2020/0380(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. By derogation from Article 12 of the Financial Regulation, unused commitment and payment appropriations under this Regulation shall be automaticallymay be carried over and may be used until 31 December 20253. The appropriations carried over shall be consumed first in the following financial year. Appropriations that has not been used until 31 December 2023 shall be cancelled.
Amendment 260 #
2020/0380(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 262 #
2020/0380(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall pay the annual tranches of pre- financing within 60 days of the date of the adoption of the implementing acts referred to in paragraph 2. It shall be cleared in accordance with Article 11.
Amendment 265 #
2020/0380(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 269 #
2020/0380(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Member States shall submit an application to the Commission for a financial contribution from the Reserve by 30 September 2023. The Commission shall assess this application and establish whether additional amounts are due to Member States or any amounts should be recovered from the Member States in accordance with Article 11.
Amendment 290 #
2020/0380(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
11 Clearance of the pre-financing and calculation of the additional amounts due to Member States
Amendment 291 #
2020/0380(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall assess the application referred to in Article 10 and shall satisfy itself that the application is complete, accurate and truend true and does not include any expenditure which violates Article 6. When calculating the financial contribution due to the Member State from the Reserve, the Commission shall exclude from Union financing expenditure for measures which were implemented or for which disbursements have been made in breach of applicable law.
Amendment 292 #
2020/0380(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Based on the assessment, the Commission shall, by means of an implementing act, establish the following:total amount of eligible public expenditure (the ’accepted amount’).
Amendment 294 #
2020/0380(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 295 #
2020/0380(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 297 #
2020/0380(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 308 #
2020/0380(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 309 #
2020/0380(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 311 #
2020/0380(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Where the accepted amount is lower than the pre-financing for the Member State concerned, the difference shall be recovered in accordance with the Financial Regulation, and in particular its Part I, Chapter 6, Sections 3, 4 and 5. The recovered amounts shall be treated as internal assigned revenue in accordance with Article 21(3), point (b), of the Financial Regulation and, where the third subparagraph of paragraph 3 of this Article has been applied, shall be used to increase proportionately the contributions paid to Member States eligible for additional amounts under paragraph 3 of this Article up to a maximum of 100 %. In case payments to Member States pursuant to paragraph 3 of this Article have been made at a rate of 100 %, the amounts recovered shall be returned to the genernational budgets of the UnionMember States.
Amendment 312 #
2020/0380(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
Amendment 314 #
2020/0380(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
Amendment 331 #
2020/0380(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By 30 June 20264, the Commission shall carry out an evaluation to examine the effectiveness, efficiency, relevance, coherence and EU added value of the Reserve. The Commission may make use of all relevant information already available in accordance with Article 128 of the Financial Regulation.
Amendment 335 #
2020/0380(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By 30 June 20275, the Commission shall submit to the European Parliament and to the Council a report on the implementation of the Reserve.
Amendment 341 #
2020/0380(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
2. The factor linked to fish caught in the UK EEZ is used to allocate EUR 6300 million. The factor linked to trade, with particular focus on agri-food sector, is used to allocate EUR 34 400 million. BothThe factor linked to demographics is used to allocate EUR 300 million. All amounts are expressed in 2018 prices.
Amendment 359 #
2020/0380(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 4 – point b
Annex I – paragraph 1 – point 4 – point b
b) to assess the relative importance of these trade flows for each Member State, the sum of trade flows with the UK are expressed as a percentage of the Member State’s GDPtotal trade flows and subsequently expressed as an index of the EU average (index of dependency);
Amendment 360 #
2020/0380(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 4 – point e
Annex I – paragraph 1 – point 4 – point e
e) the shares so obtained are adjusted by dividing them with the Member State’s GNI per capita (in purchasing power parities) expressed as a percentage of the average GNI per capita of the EU (average expressed as 100%);
Amendment 367 #
2020/0380(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 4 a (new)
Annex I – paragraph 1 – point 4 a (new)
4a. The factor linked to demographics is determined by applying the following: a) share of each Member States’ return migration, measured by the difference between the number of EU nationals living in the UK, according to the latest available statistics, and the number in the reference period.
Amendment 372 #
2020/0380(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 5 – point f a (new)
Annex I – paragraph 1 – point 5 – point f a (new)
fa) for demographics reference period shall be 2015.
Amendment 59 #
2020/0360(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. For gas, the infrastructure is now well connected and supply resilience has improved substantially since 2013. Regional cooperation in Regional Groups and through cross-border cost allocation is an important enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address.
Amendment 67 #
2020/0360(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. However, in some Member States natural gas projects represent substantial potential for reduction of CO2 emissions, including by facilitating transition from solid fossil fuels, in particular coal, lignite, peat and oil shale, to natural gas. The revision of Regulation (EU) No 347/2013 should not negatively affect not yet completed natural gas infrastructure projects which were already included in the fourth or fifth Union list of projects of common interest established pursuant to Regulation (EU) No 347/2013. Those projects should therefore be able to maintain their previous status and be eligible as projects of common interest to be established under this Regulation. _________________ 27 SWD(2020) 176 final
Amendment 80 #
2020/0360(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Moreover, a new infrastructure category should be created for smart gas grids to support investments which integrate renewable and low carbon gases such as biogas, biomethane, and hydrogen, in the network and help manage a resulting more complex system, building on innovative digital technologies as well as technological, mechanical or engineering solutions for aiming to improve gas quality and grid management.
Amendment 83 #
2020/0360(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Regulation (EU) No 347/2013 requires a candidate project of common interest to prove a significant contribution to at least one criterion from a set of criteria in the process for the elaboration of the Union list, which may, but does not need to, include sustainability. That requirement, in line with the specific needs of the internal energy market at the time, enabled development of projects of common interest which addressed only security of supply risks even if they did not demonstrate benefits in terms of sustainability. However, given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which “Union expenditure should be consistent with Paris Agreement objectives and the "do no harm" principle of the European Green Deal, sustainability in terms of the integration of renewable energy sources into the grid or the reduction of greenhouse gas emissions, as relevant, should be assessed in order to ensure that TEN-E policy is coherent with energy and climate policy objectives of the Union taking into account the various specificities of each Member State and the needs to follow different pathways towards decarbonisation, as to leave no one behind in the end. The sustainability of CO2 transport networks is addressed by their purpose to transport carbon dioxide.
Amendment 108 #
2020/0360(COD)
Proposal for a regulation
Recital 43
Recital 43
Amendment 115 #
2020/0360(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) addresses the identification of projects of common interest necessary to implement priority corridors and areas falling under the energy infrastructure categories in electricity, smart gas grids, hydrogen, electrolysers, and carbon dioxide and natural gas projects set out in Annex II (‘energy infrastructure categories’);
Amendment 116 #
2020/0360(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on renewable sources and the decarbonisation of the gas sector. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the principles of energy efficiency first principleand technological neutrality.
Amendment 121 #
2020/0360(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) While the objectives of Regulation (EU) No 347/2013 remain largely valid, the current TEN-E framework does not yet fully reflect the expected changes to the energy system that will result from the new political context and in particular the upgraded 2030 targets and the 2050 climate neutrality objective under the European Green Deal. Besides the new political context and objectives, technological development has been rapid in the past decade. That development should be taken into account in the infrastructure categories covered by this Regulation, the projects of common interest selection criteria as well as the priority corridors and thematic areas. This should be implemented having regard to technological neutrality principle and therefore not singling out apriory any specific technology on the ground other than its potential for emission reduction in the end use. At the same time the revision should not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, as laid down in Article 194 (TFEU).
Amendment 129 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions to, technological, engineering or mechanical solutions in the view of integrateing in a cost efficient manner a plurality of low-carbon and renewable gas sources and their blends with methane in accordance with consumers’ needs and, gas quality requirements in order to reduceand system's safety requirements enabling the reduction of the carbon footprint of the related gas consumption, enableand an increased share of renewable and low-carbon gases,, ands well as createing links with other energy carriers and sectors;
Amendment 137 #
2020/0360(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) In this regard points out to the opinion of the European Economic and Social Committee for the natural gas transmission infrastructure not to be excluded from the Regulation's selection criteria for PCIs or PMIs.
Amendment 142 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) 'repurposing / retrofitting' means the technical upgrade or modification of existing natural gas infrastructure for use of pure hydrogen or of blending of methane with hydrogen at a pre-defined level.
Amendment 144 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 b (new)
Article 2 – paragraph 1 – point 16 b (new)
(16 b) 'blending' means the admixture of methane with hydrogen at a pre-defined level.
Amendment 146 #
2020/0360(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Amendment 155 #
2020/0360(COD)
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 of this Regulation amending annexes to this Regulation in order to establish the Union list of projects of common interest (‘Union list’), subject to the second paragraph of Article 172 of the Treaty on the Functioning of the European Union.
Amendment 161 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii
Article 4 – paragraph 1 – point c – point ii
(ii) is located on the territory of one Member State and has a significant cross- border impact or potential to create such an impact, as set out in point (1) of Annex IV.
Amendment 165 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the project contributes significantly to the decarbonisation objectives of the Union andor those of the third country and to sustainability, including through the integration of renewable energy and low- carbon into the grid and the transmission of renewable and low-carbon generation to major consumption centres and storage sites, and;
Amendment 173 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) for the part located on Union territory, the project is in line with Directives 2009/73/EC and (EU) 2019/944 where it falls within the infrastructure categories described in points (1) and (3) of Annex II;
Amendment 174 #
2020/0360(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) In this context draws attention to the call of the European Economic and Social Committee for priority to be given to radial connection projects and reiterates ENTSO-E opinion that support only for hybrid projects will have a perverse effect on the development of offshore RES equitably in all EU waters.
Amendment 179 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – point ii
Article 4 – paragraph 2 – point e – point ii
ii) security of energy supplies based on a diversification of energy sources, cooperation and solidarity;
Amendment 182 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a – introductory part
Article 4 – paragraph 3 – point a – introductory part
(a) for electricity transmission and storage projects falling under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, the project ishas potential to contribute significantly to sustainability through the integration of renewable and low-carbon energy into the grid and the transmission of renewable and low-carbon generation to major consumption centres and storage sites, and at least one of the following specific criteria:
Amendment 191 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point d – introductory part
Article 4 – paragraph 3 – point d – introductory part
(d) for hydrogen projects falling under the energy infrastructure categories set out in point (3) of Annex II the project is to contribute significantly to sustainability, including by reducing greenhouse gas emissions, by enhancing the deployment of renewable and low-carbon hydrogen and supporting variable renewable power generation by offering flexibility and/or storage solutions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 198 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point e – point i
Article 4 – paragraph 3 – point e – point i
(i) sustainability, including by reducing greenhouse gas emissions and enhancing the deployment of renewable hydrogen.
Amendment 202 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f – introductory part
Article 4 – paragraph 3 – point f – introductory part
(f) for smart gas grid projects falling under the energy infrastructure category set out in point (2) of Annex II, the project is to contribute significantly to sustainability byin the view of enabling and facilitating the integration of renewable and low-carbon gases, such as biomethane, or renewable hydrogen, into the gas distribution and transmission networks in order to reducehydrogen, or synthetic gas and their blends with methane into the gas distribution and transmission networks, as well as storage systems, enabling the reduction of greenhouse gas emissions. Furthermore, the project is to contribute significantly to at least one of the following specific criteria:
Amendment 206 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f – point i
Article 4 – paragraph 3 – point f – point i
(i) network security and quality of supply by retrofitting, repurposing, increasing the capacity or improving the efficiency and interoperability of gas transmission and distribution or storage systems in day-to-day network operation by, among others, addressing challenges resulting from the injection of gases of different qualities through the deployment of innovative technologies andsolutions in at least one of the following areas: innovative technologies, technological, mechanical, engineering improvements or cybersecurity;
Amendment 215 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f – point iii a (new)
Article 4 – paragraph 3 – point f – point iii a (new)
(iii a) enabling transport of renewable decarbonised gases from production units to transmission or distribution network;
Amendment 216 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f a (new)
Article 4 – paragraph 3 – point f a (new)
Amendment 232 #
2020/0360(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) addresses the identification of projects of common interest necessary to implement priority corridors and areas falling under the energy infrastructure categories in electricity, smart gas grids, hydrogen, methane, electrolysers, and carbon dioxide set out in Annex II (‘energy infrastructure categories’);
Amendment 232 #
2020/0360(COD)
Proposal for a regulation
Article 5 – paragraph 4 – introductory part
Article 5 – paragraph 4 – introductory part
4. By 31 December of28 February, each year following the year of inclusion of a project of common interest on the Union list pursuant to Article 3, project promoters shall submit an annual report, for each project falling under the categories set out in points (1) to (4) of Annex II, to the competent authority referred to in Article 8.
Amendment 235 #
2020/0360(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. By 31 JanuaryMarch, each year, the competent authorities referred to in Article 8 shall submit to the Agency and to the respective Group the report referred to in paragraph 4 of this Article supplemented with information on the progress and, where relevant, on delays in the implementation of projects of common interest located on their respective territory with regard to the permit granting processes, and on the reasons for such delays. The contribution of the competent authorities to the report shall be clearly marked as such and drafted without modifying the text introduced by the project promoters.
Amendment 244 #
2020/0360(COD)
Proposal for a regulation
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8 a. Provisions set out in this Article should be without a prejudice to any national legislation which provides more favorable treatment, particularly in terms of the time limits and the requirements for a given type of investment than those set out in this Article. Competent authorities shall ensure that the most favorable treatment applies to the projects of common interest.
Amendment 255 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Where the changes to the methodologies are considered to be of incremental nature, not affecting the definition of benefits, costs and other relevant cost-benefit parameters, as defined in the latest Energy system wide cost- benefit analysis methodology approved by the Commission, the ENTSO for Electricity and the ENTSO for Gas shall adapt their respective methodologies taking due account of the Agency’s opinion, as set out in paragraph 2, and submit them for the AgencyCommission’s approval together with a document providing explanatory basis to justify the proposed changes.
Amendment 258 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Within two weeks of the approval by the Agency or the Commission in accordance with paragraphs 5 and 6, the ENTSO for Electricity and the ENTSO for Gas shall publish their respective methodologies on their websites. They shall publish the corresponding input data and other relevant network, load flow and market data in a sufficiently accurate form in accordance with national law and relevant confidentiality agreements.
Amendment 259 #
2020/0360(COD)
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. The methodologies shall be updated and improved regularly upon request from the Commission following the procedure described in paragraphs 1 to 6. The Agency, on its own initiative or upon a duly reasoned request by national regulatory authorities or stakeholders, and after formally consulting the organisations representing all relevant stakeholders and the Commission, may request such updates and improvements with due justification and timescales. The Agency shall publish the requests by national regulatory authorities or stakeholders and all relevant non-commercially sensitive documents leading to a request from the Agency for an update or improvement.
Amendment 265 #
2020/0360(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. By [31 July 2022], the Agency, after having conducted an extensive consultation process involving the Commission, the Member States, and at least the organisations representing all relevant stakeholders, including the ENTSO for Electricity, the ENTSO for Gas, Union DSO entity, and relevant hydrogen sector stakeholders, shall publish the framework guidelines for the joint scenarios to be developed by ENTSO for Electricity and ENTSO for Gas. Those guidelines shall be regularly updated as found necessary.
Amendment 267 #
2020/0360(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The guidelines shall include the energy efficiency first principle and ensure that the underlying ENTSO for Electricity and ENTSO for Gas scenarios are fully in line with the latest medium and long-term European Union decarbonisation targets and the latest available Commission scenarios.
Amendment 282 #
2020/0360(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Within threewo months following receipt of the infrastructure gaps report together with the input received in the consultation process and a report on how it was taken into account, the Agency shall submit its opinion to the ENTSO for Electricity or ENTSO for Gas and the Commission.
Amendment 286 #
2020/0360(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By [31 July 2022], Member States, with the support of the Commission, within their specific priority offshore grid corridors, set out in point (2) of Annex I, taking into account the specificities and development in each region, shall jointly define and agree to cooperate on the amount ofindicative goals for offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040, in view of their national energy and climate plans, the offshore renewable potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. That agreement shall be made in writing as regards each sea basin linked to the territory of the Union.
Amendment 287 #
2020/0360(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. By [31 July 2023] the ENTSO for Electricity, with the involvement of the relevant TSOs, the national regulatory authorities and of the Commission and in line with the agreement referred to in paragraph 1, shall develop and publish integrated offshore network development plans starting from the 2050 objectives, with intermediate steps for 2030 and 2040, for each sea-basin, in line with the priority offshore grid corridors referred to in Annex I, taking into account environmental protection and other uses of the sea. Those integrated offshore network development plans shall thereafter be updated every threefour years.
Amendment 309 #
2020/0360(COD)
2. The power to adopt delegated acts referred to in Article 3 shall be conferred on the Commission for a period of sevenfour years from [1 January 2022]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 310 #
2020/0360(COD)
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5 a. Report must take into consideration results of cost-benefit analysis drawn up pursuant to Article 11 for Union-wide ten-Year Network Development Plans and Projects of Common Interest falling under the categories set out in points (1)(a), (b), (c), (e) and point (3) of Annex II.
Amendment 319 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 3 – point 8 – introductory part
Annex I – Part 3 – point 8 – introductory part
(8) Hydrogen interconnections in Western Europe (‘HI West’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backboneincluding the transitional use of blending with gas, the repurposing of gas infrastructure or any other specific solutions for disadvantaged, less connected, peripheral or isolated regions and Member States, such as islands, enabling the emergence of an integrated hydrogen backbone directly or indirectly (including through third countries) connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport.
Amendment 321 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 3 – point 8 – paragraph 1
Annex I – Part 3 – point 8 – paragraph 1
Power to gas facilities including Electrolysers: supporting the deployment of power-to-gas applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Malta, the Netherlands, Portugal, and Spain;
Amendment 323 #
2020/0360(COD)
(9) Hydrogen interconnections in Central Eastern and South Eastern Europe (‘HI East’): hydrogen infrastructure enabling the emergence of an integrated hydrogen backboneincluding the transitional use of blending with gas, the repurposing of gas infrastructure or any other specific solutions for disadvantaged, less connected, peripheral or isolated Member States and regions, such as islands enabling the emergence of an integrated hydrogen backbone, directly or indirectly (including through third countries) connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport.
Amendment 325 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 3 – point 9 – paragraph 1
Annex I – Part 3 – point 9 – paragraph 1
Power to gas facilities including Electrolysers: supporting the deployment of power-to-gas applications aiming to enable greenhouse gas reductions and contributing to secure, efficient and reliable system operation and smart energy system integration. Member States concerned: Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Greece, Hungary, Italy, Poland, Romania, Slovakia and Slovenia;
Amendment 326 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 3 – point 10 – introductory part
Annex I – Part 3 – point 10 – introductory part
(10) Baltic Energy Market Interconnection Plan in hydrogen (‘BEMIP Hydrogen’): hydrogen infrastructure and the repurposing of existing natural gas infrastructure with a view of enabling the emergence of an integrated hydrogen backbone connecting the countries of the region and addressing their specific infrastructure needs for hydrogen supporting the emergence of an EU-wide network for hydrogen transport.
Amendment 331 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 4 – point 13 – introductory part
Annex I – Part 4 – point 13 – introductory part
(13) Smart gas grids: Adoption of smart gas grid technologies across the Union to efficiently integrate a plurality of renewable and low-carbon gas sources into the gas network, in particular through their blends with methane, support the uptake of innovative digital, technological, mechanical or engineering solutions for network management and facilitating smart energy sector integration and demand response.
Amendment 333 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 4 – point 13 a (new)
Annex I – Part 4 – point 13 a (new)
(13 a) Natural gas infrastructure:Completion of gas infrastructure projects for the purpose of enhancing market integration, security of supply, and competition and which contribute to sustainability. Member States concerned: all.
Amendment 334 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 4 – point 13 b (new)
Annex I – Part 4 – point 13 b (new)
(13 b) Gas grid deployment: development of selected gas infrastructure projects that have already been granted the PCI status according to the previous Regulation or can prove their advanced implementation level or mature stage or can contribute, for a transitional period until 2040, to the promotion of hydrogen and renewable and low-carbon gases.
Amendment 338 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point e
Annex II – paragraph 1 – point 1 – point e
(e) any equipment or installation falling under category referred to in point (a) having dual functionality: interconnection andallowing for transmission of offshore renewable electricity from the offshore generation sites to twoone or more countries, as well as any offshore adjacent equipment or installation essential to operate safely, securely and efficiently, including protection, monitoring and control systems, and necessary substations if they also ensure technology interoperability inter alia interface compatibility between different technologies, (‘offshore grids for renewable energy’).
Amendment 342 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
Annex II – paragraph 1 – point 2 – point a
(a) any of the following equipment or installation aiming at enabling and facilitating the integration of renewable and low-carbon gases (including biomethane or hydrogen)gas, biomethane, synthetic gas or hydrogen) and their blends with methane into the network: digital systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent monitoring, metering, quality control and management of gas production, transmission, distribution, storage and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing networkconnections from renewable and low-carbon gases production units into the transmission and distribution grid, equipment to enable reverse flows from the distribution to the transmission level as well as from pipelines of different capacities and related necessary upgrades to the network, such as upgrades of various gas infrastructure parts to repurpose the grid to be fully compatible to transport pure hydrogen or to retrofit the existing network to be fully compatible to transport blends of hydrogen and methane.
Amendment 346 #
2020/0360(COD)
(a) transmission pipelines for the transport of hydrogen, and transitional blending with natural gas, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogen;
Amendment 349 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point b
Annex II – paragraph 1 – point 3 – point b
(b) underground storage facilities connected to the high-pressure hydrogen pipelines and pipelines that transfer for a transitional period blending of hydrogen and natural gas referred to in point (a);
Amendment 350 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c
Annex II – paragraph 1 – point 3 – point c
(c) reception, storage and regasification or decompression facilities for liquefied hydrogen or hydrogenfor a transitional period liquefied hydrogen blended with liquefied natural gas and embedded in other chemical substances with the objective of injecting the hydrogen or its blending with natural gas into the grid;
Amendment 356 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets convertrepurposed from natural gas dedicated to hydrogen, or a combination of the two.
Amendment 358 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d a (new)
Annex II – paragraph 1 – point 3 – point d a (new)
(d a) steam methane reforming (SMR) installations, combined with CCS/CCUS and methane pyrolysis installations.
Amendment 364 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 5 a (new)
Annex II – paragraph 1 – point 5 a (new)
(5 a) concerning natural gas: (a) transmission pipelines for the transport of natural gas and biogas that form part of a network which mainly contains high-pressure pipelines, excluding high-pressure pipelines used for upstream or local distribution of natural gas;and transmission pipelines which will physically end the isolation of a Member State from the EU gas network; (b) underground storage facilities connected to the above-mentioned high- pressure gas pipelines; (c) reception, storage and regasification or decompression facilities for liquefied naturalgas (LNG) or compressed natural gas (CNG); (d) any equipment or installation essential for the system to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations;
Amendment 380 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 1 – introductory part
Annex IV – point 1 – introductory part
(1) a project with significant cross- border impact or potential to create such is a project on the territory of a Member State, which fulfils the following conditions:
Amendment 381 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 1 – point a
Annex IV – point 1 – point a
(a) for electricity transmission, the project increases the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or several other Member States, having the effect of increasing the cross- border grid transfer capacity at the border of that Member State with one or several other Member States, by at least 500 Megawatt compared to the situation without commissioning of the project. This criterion is not applicable only in case the project ensures the improvement of energy security of the region by providing additional balancing capacity and regulation services;
Amendment 385 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 1 – point c
Annex IV – point 1 – point c
(c) for smart electricity grids, the project is designed for equipment and installations at high-voltage and medium- voltage level. It involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that are closely associated to the project and ensure interoperability. A project covers at least 530000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 30120 Gigawatthours/year, of which at least 210 % originate from variable renewable resources;
Amendment 386 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 1 – point c
Annex IV – point 1 – point c
(c) for smart electricity grids, the project is designed for equipment and installations at high-voltage and medium- voltage level. It involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that areprovided they ensure interoperability and their investments have a significant clrosely associated to the project and ensure interoperabilitys- border impactor potential to create such. . A project covers at least 50000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 300 Gigawatthours/year, of which at least 20 % originate from variable renewable resources;
Amendment 387 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 1 – point f
Annex IV – point 1 – point f
(f) for electrolysers, the project provides at least 1020 MW installed capacity and the brings benefits directly or indirectly to at least twoone Member States;
Amendment 390 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 1 – point g
Annex IV – point 1 – point g
(g) for smart gas grids, a project involves transmission system operators, transmission and distribution system operators or distribution system operators from at least two Member States. Distribution system operators can be involved only with the support of the transmission system operators, of at least two Member States, that are closely associated to the project and ensure interoperability.
Amendment 392 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 2 – point a
Annex IV – point 2 – point a
(a) for projects of mutual interest in the category set out in point (1)(a) and (e) of Annex II, the project increases the grid transfer capacity, or the capacity available for commercial flows, at the border of that Member State with one or more third countries and brings significant benefits, under the specific criteria listed in in Article 4(3), to at least twoone Member States. The calculation of the benefits for the Member States shall be performed and published by the ENTSO for Electricity in the frame of Union-wide ten-year network development plan;
Amendment 398 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 5 – point a
Annex IV – point 5 – point a
(a) Sustainability measured as the contribution of a project to: greenhouse gas emission reductions in different end-use applications, such as industry or transport; flexibility and seasonal storage options for renewable electricity generation; or the integration of renewable hydrogen.
Amendment 401 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 6 – point a
Annex IV – point 6 – point a
(a) level of sustainability measured by assessing the share of renewable andor low- carbon gases integrated into the gas network, the related greenhouse gas emission savings towards total system decarbonisation, air pollution mitigation and the adequate detection of leakage.
Amendment 405 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 6 – point b
Annex IV – point 6 – point b
(b) quality and security of supply measured by assessing the ratio of reliably available gas supply and peak demand, the share of imports replaced by localdomestic renewable andor low-carbon gases, the stability of system operation, the duration and frequency of interruptions per customer, avoided curtailment of renewable electricity generation.
Amendment 407 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 6 – point c
Annex IV – point 6 – point c
(c) facilitation of smart energy sector integration measured by assessing the cost savingsand greenhouse gas emission reduction savings and efficient use of energy enabled in connected energy sectors and systems, such as the heat and power system, transport and industry.
Amendment 857 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
Annex II – paragraph 1 – point 3 – point a
(a) transmission pipelines for the transport of hydrogen or admixture of methane with hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, excluding pipelines for the local distribution of hydrogen;
Amendment 865 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point b
Annex II – paragraph 1 – point 3 – point b
(b) underground storage facilities connected to the high-pressure hydrogen or admixture of methane with hydrogen pipelines referred to in point (a);
Amendment 877 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – introductory part
Annex II – paragraph 1 – point 3 – point d – introductory part
(d) any equipment or installation essential for the hydrogen or admixture of methane with hydrogen system to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations.
Amendment 882 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets converted from natural gas dedicated to hydrogen or admixture of methane with hydrogen, or a combination of the two.
Amendment 913 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 5 a (new)
Annex II – paragraph 1 – point 5 a (new)
(5 a) concerning methane (a) transmission pipelines for the transport of methane (biomethane, synthetic methane, natural gas) that allow for coal to gas switch and that form part of a network which mainly contains high- pressure pipelines, excluding high- pressure pipelines used for upstream or local distribution of methane; (b) any equipment or installation essential for the system to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations;
Amendment 1072 #
2020/0360(COD)
Proposal for a regulation
Annex VI – point 5 – point b
Annex VI – point 5 – point b
(b) publish the information on the consultation on the website of the project of common interest referred to in Article 9(7), on the bulletin boards of the offices of local administrations, and, at least, in two in major local media outlets;
Amendment 1074 #
2020/0360(COD)
Proposal for a regulation
Annex VI – point 5 – point c
Annex VI – point 5 – point c
(c) invite in written form, such as electronic communication, relevant affected stakeholders, associations, organisations and groups to dedicated meetings, during which concerns shall be discussed;
Amendment 98 #
2020/0359(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Depending on the sector in which they operate or the type of service they provide, the entities falling within the scope of this Directive should be classified into two categories: essential and important. That categorisation should take into account the level of criticality of the sector or of the type of service, as well as the level of dependency of other sectors or types of services. Both essential and important entities should be subject to the same risk management requirements and reporting obligations. The cybersecurity risk management measures, reporting obligations and supervisory and penalty regimes between these two categories of entities should be differentiated to ensure a fair balance between requirements and obligations on one hand, and the administrative burden stemming from the supervision of compliance on the other hand.
Amendment 103 #
2020/0359(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Sector-specific legislation and instruments can contribute to ensuring high levels of cybersecurity, while taking full account of the specificities and complexities of those sectors. Where aAs a minimum baseline sector–specific Union legal act should requires essential or important entities to adopt cybersecurity risk management measures orand to notify incidents or significant cyber threats of at least an equivalent effect to the obligations laid down inin line with requirements laid down in Articles 18 (1, 2) and 20 of this Directive, thos. Where sector-specific provisions, includinglegislations foresee specific rules on supervision and enforcement, these rules should apply. The Commission may issue guidelines in relation to the implementation of the lex specialis. This Directive does not preclude the adoption of additional sector- specific Union acts addressing cybersecurity risk management measures and incident notifications. Nevertheless, while adopting the additional sector-specific Union acts the need of a comprehensive and consistent cybersecurity framework should be duly taken into account. This Directive is without prejudice to the existing implementing powers that have been conferred to the Commission in a number of sectors, including transport and energy.
Amendment 119 #
2020/0359(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Member States should ensure that the network and information systems used by their public administration entities are subject to their national cybersecurity regulation. Where appropriate, public administration entities should be subject to obligations similar to those for essential and important entities, as appropriate.
Amendment 120 #
2020/0359(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In view of the differences in national governance structures and in order to safeguard already existing sectoral arrangements or Union supervisory and regulatory bodies, Member States should be able to designate more than one national competent authority responsible for fulfilling the tasks linked to the security of the network and information systems of essential and important entities under this Directive, particularly for supervision and enforcement. Member States should be able to assign this role to an existing authority. The competent authorities should have the necessary means to perform their duties, including powers to request the information necessary to assess the level of security of networks or services. They should also have the power to request comprehensive and reliable data about actual security incidents that have had a significant impact on the operation of services. They should, where necessary, be assisted by CSIRTs. In particular, CSIRTs may be required to provide competent authorities with information about risks and security incidents affecting services and recommend ways to address them.
Amendment 148 #
2020/0359(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Addressing cybersecurity risks stemming from an entity’s supply chain and its relationship with its suppliers is particularly important given the prevalence of incidents where entities have fallen victim to cyber-attacks and where malicious actors were able to compromise the security of an entity’s network and information systems by exploiting vulnerabilities affecting third party products and services. Entities should therefore assess and take into account the overall quality of products and cybersecurity practices of their suppliers and service providers, including their secure development procedures. Entities should be in particular encouraged to incorporate the cybersecurity safeguards into the contractual arrangements with the tier-1 suppliers and service providers, including responsibility of the tier-1 suppliers for other tiers of suppliers and service providers.
Amendment 163 #
2020/0359(COD)
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) The national regulatory authorities or other competent authorities responsible for public electronic communications networks or of publicly available electronic communications services pursuant to Directive (EU) 2018/1972 should be informed of significant incidents, cyber threats and near misses notified by providers of public electronic communications networks or publicly available electronic communications services and the measures taken in response to those risks and incidents.
Amendment 176 #
2020/0359(COD)
Proposal for a directive
Recital 54 a (new)
Recital 54 a (new)
(54a) An incident should be typically considered significant by the competent authorities or the CSIRT if the incident has caused substantial operational disruption or financial losses for the entity concerned and the incident has affected other natural or legal persons by causing considerable material or non- material losses.
Amendment 192 #
2020/0359(COD)
Proposal for a directive
Recital 68
Recital 68
(68) Entities should be encouraged to collectively leverage their individual knowledge and practical experience at strategic, tactical and operational levels with a view to enhance their capabilities to adequately assess, monitor, defend against, and respond to, cyber threats. It is thus necessary to enable the emergence at Union level of mechanisms for voluntary information sharing arrangements. To this end, Member States should actively support and encourage also relevant entities not covered by the scope of this Directive, such as entities focusing on cybersecurity services and research, to participate in such information-sharing mechanisms. Those mechanisms should be conducted in full compliance with the competition rules of the Union as well as the data protection Union law rules.
Amendment 194 #
2020/0359(COD)
Proposal for a directive
Recital 69
Recital 69
(69) The processing of personal data, to the extent strictly necessary and proportionate for the purposes of ensuring network and information security by entities, public authorities, CERTs, CSIRTs, and providers of security technologies and services should constitute a legitimate interestCERTs should constitute a legitimate interest of the data controller concerned, as referred to in Regulation (EU) 2016/679 and by public authorities, namely competent authorities, Single Points Of Contact (SPOCs), CSIRTs, NIS CG, CSIRT Network, CERTs and CYCLONe should constitute a legal obligation or the public interest or the exercise of official authority of the data controller concerned, as referred to in Regulation (EU) 2016/679. That should include measures related to the prevention, detection, analysis and response to incidents, measures to raise awareness in relation to specific cyber threats, exchange of information in the context of vulnerability remediation and coordinated disclosure, as well as the voluntary exchange of information on those incidents, as well as cyber threats and vulnerabilities, indicators of compromise, tactics, techniques and procedures, cybersecurity alerts and configuration tools. Such measures may require the processing of the following types of personal data: IP addresses, telephone numbers, bank account numbers, geolocation data, payment data, uniform resources locators (URLs), domain names, and email addresses.
Amendment 204 #
2020/0359(COD)
Proposal for a directive
Recital 79
Recital 79
Amendment 207 #
2020/0359(COD)
Proposal for a directive
Recital 80
Recital 80
Amendment 219 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. HoweverBy way of derogation from paragraph 1 of this Article, regardless of their size, this Directive also applies to entities of a type referred to in Annexes I and II, where:
Amendment 225 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Member States shall ensure that all entities falling under the scope of this Directive comply with this Directive as important entities. Member States may decide which important entities shall be designated as essential entities, taking into account particularly whether the entities had already been identified as the operators of essential services pursuant to Article 5 of NIS Directive (2016/1148) and prioritisation of the sectors and subsectors with higher level of criticality listed in Annex I. Member States shall by [transposition deadline] establish an initial list of essential and important entities, which should comply with this Directive and review it, on a regular basis, and, where appropriate, update it. Member States shall set a deadline for initial self-notification or identification by the competent authority and compliance with this Directive for the entities falling under the scope of this Directive not exceeding [6 months after the transposition deadline]. The entities which had been already identified as the operators of essential services pursuant to Article 5 of NIS Directive (2016/1148) shall comply with this Directive by [transposition deadline]. The entities shall submit at least the following information: the name of the entity, address and up-to-date contact details, including email addresses and telephone numbers, and relevant sector(s) and subsector(s) referred to in Annexes I and II. The entities shall without undue delay notify any changes to the details they submitted, and in any event, within two weeks from the date on which the change took effect.
Amendment 227 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. The entities referred to in Article 24(1) shall submit the self-notifications in the Member State in which they have their main establishment. Apart from information referred to in the third subparagraph of paragraph 2a of this Article, they shall notify the address of its main establishment and its other legal establishments in the Union or, if not established in the Union, of its representative designated pursuant to Article 24(3) and the Member States where the entity provides services. Where an entity referred to in paragraph 1 has besides its main establishment in the Union further establishments or provides services in other Member States, the single contact point of the main establishment shall without undue delay forward the information to the single points of contact of those Member States. Where an entity fails to notify or to provide the relevant information on Member States concerned within the deadline set out by the Member State of its main establishment, any Member State where the entity provides services shall be competent to ensure that entity’s compliance with the obligations laid down in this Directive.
Amendment 228 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 2 c (new)
Article 2 – paragraph 2 c (new)
2c. By [6 months after the transposition deadline] and every 12 months thereafter, Member States shall submit to the Cooperation Group and for the purpose of the review referred to in Article 35 to the Commission the information necessary to enable to assess the consistency of Member States' approaches to the identification of essential and important services. That information shall include at least the number of all essential and important entities identified for each sector and subsector referred to in Annexes I and II, including number of small and micro enterprises in each category;
Amendment 229 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Member States shall ensure that the network and information systems used by their public administration entities are subject to their national cybersecurity regulation.
Amendment 232 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. To fulfil the tasks set out in this Directive, competent authorities and CSIRTs shall process personal data, including the data referred to in Article 9 of the Regulation (EU) 2016/679, and shall process information that is confidential pursuant to Union and national rules, for the purposes and to the extent strictly necessary to fulfil these tasks.
Amendment 234 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5b. To fulfil the tasks set out in this Directive, SPOCs, the Cooperation Group, the CSIRT Network and CyCLONe shall process personal data and information that is confidential pursuant to Union and national rules, for the purposes and to the extent strictly necessary to fulfil these tasks.
Amendment 236 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 5 c (new)
Article 2 – paragraph 5 c (new)
5c. When processing the personal data referred to in Article 9 of the Regulation (EU) 2016/679, competent authorities and CSIRTs shall conduct the risk analyses, introduce proper safeguards and procedures to exchange information.
Amendment 240 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Where provisions of sector–specific acts of Union law require essential or important entities either to adopt cybersecurity risk management measures orand to notify incidents or significant cyber threats, and where those requirements are at least equivalent in effect to the obligations laid down in this Directive, the relevant provisions of this Directive, including the provision on supervision and enforcement laid down in Chapter VI, shall not apply.
Amendment 241 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 6 a (new)
Article 2 – paragraph 6 a (new)
6a. Sector-specific acts of Union law referred to in paragraph 6 should at minimum include: (a) cybersecurity risk management measures as laid down in Article 18 (1) and (2); and (b) requirements to notify incidents and significant cyber threats as laid down in Article 20 (1- 4)
Amendment 246 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 5 a (new)
Article 4 – paragraph 1 – point 5 a (new)
(5a) ‘near miss’ means any event which could have compromised the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the related services offered by, or accessible via, network and information systems, but was successfully prevented from fully transpiring;
Amendment 259 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 23
Article 4 – paragraph 1 – point 23
Amendment 262 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 23 a (new)
Article 4 – paragraph 1 – point 23 a (new)
(23a) ‘public electronic communications network’ means a public electronic communications network as defined in point (8) of Article 2 of Directive (EU) 2018/1972;
Amendment 263 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 23 b (new)
Article 4 – paragraph 1 – point 23 b (new)
(23b) ‘electronic communications service’ means an electronic communications service as defined in point (4) of Article 2 of Directive (EU) 2018/1972;
Amendment 264 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 23 c (new)
Article 4 – paragraph 1 – point 23 c (new)
(23c) ‘number-based interpersonal communications service’ means a number-based interpersonal communications service as defined in point (6) of Article 2 of Directive (EU) 2018/1972;
Amendment 265 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 23 d (new)
Article 4 – paragraph 1 – point 23 d (new)
(23d) ‘number-independent interpersonal communications service’ means a number-independent interpersonal communications service as defined in point (7) of Article 2 of Directive (EU) 2018/1972;
Amendment 266 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 25
Article 4 – paragraph 1 – point 25
(25) ‘essential entity’ means any entity of a type referred to in Annex I and II, designated by the Member State as an essential entity in Annex I;
Amendment 267 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 26
Article 4 – paragraph 1 – point 26
(26) ‘important entity’ means any entity of a type referred to as an important entity in Annex II.in Annex I and II, unless exempted from the scope of this Directive or designated by the Member State as an essential entity;
Amendment 273 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Each Member State shall adopt a national cybersecurity strategy, a coherent framework defining the strategic objectives and appropriate policy and regulatory measures, with a view to achieving and maintaining a high level of cybersecurity of network and information systems in that Member State. The national cybersecurity strategy shall include, in particular, the following:
Amendment 321 #
2020/0359(COD)
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 338 #
2020/0359(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. To the extent necessary to effectively carry out the tasks and obligations laid down in this Directive, including supervision and enforcement, Member States shall ensure appropriate cooperation between the competent authorities and, single points of contact, CSIRTs and law enforcement authorities, national regulatory authorities or other competent authorities responsible for public electronic communications networks or for publicly available electronic communications services pursuant to Directive (EU) 2018/1972, data protection authorities, and the authorities responsible for critical infrastructure pursuant to Directive (EU) XXXX/XXXX [Resilience of Critical Entities Directive] and the national financial authorities designated in accordance with Regulation (EU) XXXX/XXXX of the European Parliament and of the Council39 [the DORA Regulation] within that Member State. _________________ 39[insert the full title and OJ publication reference when known]
Amendment 345 #
2020/0359(COD)
Proposal for a directive
Article 12 – paragraph 4 – point b
Article 12 – paragraph 4 – point b
(b) exchanging best practices and information in relation to the implementation of this Directive, including in relation to identification of essential and important entities, cyber threats, incidents, vulnerabilities, near misses, awareness- raising initiatives, trainings, exercises and skills, building capacitycapacity building as well as standards and technical specifications;
Amendment 346 #
2020/0359(COD)
Proposal for a directive
Article 12 – paragraph 4 – point d
Article 12 – paragraph 4 – point d
(d) exchanging advice and cooperating with the Commission on draft Commission implementing or delegated acts adopted pursuant to this Directive;
Amendment 348 #
2020/0359(COD)
Proposal for a directive
Article 12 – paragraph 4 – point f
Article 12 – paragraph 4 – point f
Amendment 349 #
2020/0359(COD)
Proposal for a directive
Article 12 – paragraph 4 – point f a (new)
Article 12 – paragraph 4 – point f a (new)
(fa) carrying out coordinated security risk assessments pursuant to Article 19(1), where applicable;
Amendment 350 #
2020/0359(COD)
Proposal for a directive
Article 12 – paragraph 4 – point k a (new)
Article 12 – paragraph 4 – point k a (new)
(ka) submitting to the Commission for the purpose of review referred to in Article 35 the reports on the experience gained at a strategic and operational level;
Amendment 354 #
2020/0359(COD)
Proposal for a directive
Article 13 – paragraph 3 – point l
Article 13 – paragraph 3 – point l
Amendment 355 #
2020/0359(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. For the purpose of the review referred to in Article 35 and by 24 months after the date of entry into force of this Directive, and every two years thereafter, the CSIRTs network shall assess the progress made with the operational cooperation and produce a report. The report shall, in particular, draw conclusions on the outcomes of the peer reviews referred to in Article 16 carried out in relation to national CSIRTs, including conclusions and recommendations, pursued under this Article. That report shall also be submitted to the Cooperation Group.
Amendment 356 #
2020/0359(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. In order to support the coordinated management of large-scale cybersecurity incidents and crises at operational level and to ensure the regular exchange of information among Member States and Union institutions, bodies and agencies considering such incidents and crises, the European Cyber Crises Liaison Organisation Network (EU - CyCLONe) is hereby established.
Amendment 357 #
2020/0359(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. EU-CyCLONe shall be composed of the representatives of Member States’ crisis management authorities designated in accordance with Article 7, the and ENISA. Commission and ENISAshall participate in the EU- CyCLONe as an observer. ENISA shall provide the secretariat of the network and support the secure exchange of information.
Amendment 358 #
2020/0359(COD)
Proposal for a directive
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. EU-CyCLONe, while avoiding any duplication of tasks with the CSIRT Network, shall have the following tasks:
Amendment 359 #
2020/0359(COD)
Proposal for a directive
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
Amendment 360 #
2020/0359(COD)
Proposal for a directive
Article 14 – paragraph 3 – point d
Article 14 – paragraph 3 – point d
Amendment 362 #
2020/0359(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. EU-CyCLONe shall regularly report to the Cooperation Group on cyber threats,large scale incidents and trendcrises, focusing in particular on their impact on essential and important entities.
Amendment 365 #
2020/0359(COD)
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) the technical, financial and human resources available to competent authorities and cybersecurity policies, and the implementation of supervisory measures and enforcement actions in light of the outcomes of peer reviews referred to in Article 16;
Amendment 371 #
Amendment 384 #
2020/0359(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that members of the management body of essential and important entities follow specific trainings, where possible on a regular basis, to gain sufficient knowledge and skills in order to apprehend and assess cybersecurity risks and management practices and their impact on the operations ofservices provided by the entity.
Amendment 386 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that essential and important entities shall take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of network and information systems which those entities use in the provision of their services and to prevent or minimise the impact of incidents on recipients of their services and on other services. Having regard to the state of the art, those measures shall ensure a level of security of network and information systems appropriate to the risk presented, and differentiate between the essential and important entities and between the sectors and subsectors with higher or lower level of criticality referred to in Annexes I and II.
Amendment 409 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. In order to promote the convergent implementation of paragraph 1 and 2, Member States shall be in accordance with Article 12(4) assisted by the Cooperation Group, and shall, without imposing or discriminating in favour of the use of a particular type of technology, encourage the use of European or internationally accepted standards and specifications relevant to the security of network and information systems.
Amendment 410 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 4 b (new)
Article 18 – paragraph 4 b (new)
4b. ENISA, in collaboration with Member States and industry, shall draw up advice and guidelines regarding the technical areas to be considered in relation to paragraphs 1 and 2 as well as regarding already existing standards, including Member States' national standards, which would allow for those areas to be covered.
Amendment 411 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 416 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 420 #
2020/0359(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission, after consulting with the Cooperation Group and, ENISA and the industry, shall identify the specific critical ICT services, systems or products that may be subject to the coordinated risk assessment referred to in paragraph 1.
Amendment 422 #
2020/0359(COD)
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. To identify the supply chains that should be subject to a coordinated risk assessment, the following criteria shall be taken into account: (a) the extent to which essential and important entities use and rely on specific critical ICT services, systems or products; (b) the relevance of specific critical ICT services, systems or products for performing critical or sensitive functions, including the processing of personal data; (c) the availability of alternative ICT services, systems or products; (d) the resilience of the overall supply chain of ICT services, systems or products against disruptive events; (e) for emerging ICT services, systems or products, their potential future significance for the entities’ activities.
Amendment 444 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – introductory part
Article 20 – paragraph 4 – subparagraph 1 – introductory part
4. Member States shall ensure that, for the purpose of the notification under paragraph 1, the entities concerned shall submit to the competent authorities orand the CSIRT:
Amendment 460 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. When processing notifications, the competent authorities and the CSIRT shall, taking into account their available capacity, prioritise the processing of notifications from essential entities over those from important entities and processing of mandatory notifications from essential and important entities over the voluntary notifications pursuant to Article 27.
Amendment 470 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 7 a (new)
Article 20 – paragraph 7 a (new)
7a. Competent authorities or the CSIRTs shall provide without undue delay to the single point of contact information on significant incidents notified in accordance with paragraph 1.
Amendment 472 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 8
Article 20 – paragraph 8
8. At the request of the competent authority or the CSIRT, the single point of contact shall forward without undue delay notifications received pursuant to paragraphs 1 and 2 to the single points of contact of other affected Member States.
Amendment 474 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 9
Article 20 – paragraph 9
9. The single point of contact shall submit to ENISA on a monthly basis a summary report including anonymised and aggregated data on significant incidents, significant cyber threats and significant near misses notified in accordance with paragraphs 1 and 2 and in accordance with Article 27. In order to contribute to the provision of comparable information, ENISA may issue technical guidance on the parameters of the information included in the summary report.
Amendment 477 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 10
Article 20 – paragraph 10
10. Competent authorities shall provideor the CSIRTs shall provide without undue delay to the competent authorities designated pursuant to Directive (EU) XXXX/XXXX [Resilience of Critical Entities Directive] information on incidents and cyber threasignificant incidents, notified in accordance with paragraphs 1 and 2 by essential entities identified as critical entities, or as entities equivalent to critical entities, pursuant to Directive (EU) XXXX/XXXX [Resilience of Critical Entities Directive], as well as on the measures taken by competent authorities or CSIRTs in response to those incidents.
Amendment 480 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 10 a (new)
Article 20 – paragraph 10 a (new)
10a. Competent authorities or the CSIRTs shall provide without undue delay to the national regulatory authorities or other competent authorities responsible for public electronic communications networks or for publicly available electronic communications services pursuant to Directive (EU) 2018/1972, information on significant incidents notified in accordance with paragraph 1 by providers of public electronic communications networks or publicly available electronic communications services referred to in point 8 of Annex I, as well as on the measures taken by competent authorities or CSIRTs in response to those incidents.
Amendment 484 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 11
Article 20 – paragraph 11
11. The Commission, after it has consulted the industry and taking utmost account of ENISA’s opinion, may adopt implementing acts further specifying the type of information, the format and the procedure of a notification submitted pursuant to paragraphs 1 and 2. The Commission may also adopt implementing acts to further specify the cases in which. They shall be based on European and incident shall be considered significant as referred to in paragraph 3ternational standards to the greatest extent possible. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(2).
Amendment 486 #
2020/0359(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Use of European cybersecurity certification schemes and standardisation
Amendment 490 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. In order to demonstrate compliance with certain requirements of Article 18increase the level of cybersecurity, Member States may requirecommend essential and important entities to certify certain ICT products, ICT services and ICT processes under specific European cybersecurity certification schemes adopted pursuant to Article 49 of Regulation (EU) 2019/881. The products, services and processes subject to certification may be developed by an or other international cybersecurity certification schemes. Member States shall also encourage essential orand important entity or procured from third partieies to comply with European and internationally accepted standards.
Amendment 493 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 499 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 511 #
2020/0359(COD)
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. All essential and important entities referred to in Annexes I and II, with the exception of entities referred to in paragraph 1 of this Article, shall fall under the jurisdiction of the Member State where they provide their services. If the entity provides services in more than one Member State, it shall fall under the separate and concurrent jurisdiction of each of these Member States. The competent authorities of these Member States shall cooperate, provide mutual assistance to each other and where appropriate, carry out joint supervisory actions.
Amendment 513 #
2020/0359(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. For the purposes of this Directive, entities referred to in paragraph 1 shall be deemed to have their main establishment in the Union in the Member State where the decisions related to the cybersecurity risk management measures are taken. If such decisions are not taken in any establishment in the Union, the main establishment shall be deemed to be in the Member State where the entities have the establishment with the highest number of employeresponsible for the implementation of the main cybersecurity risk management measures in the Union.
Amendment 522 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure that essential and important entities and other relevant entities not covered by the scope of this Directive may exchange relevant cybersecurity information among themselves including information relating to cyber threats, vulnerabilities, indicators of compromise, tactics, techniques and procedures, cybersecurity alerts and configuration tools, where such information sharing:
Amendment 534 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
5. In compliance with Union law, ENISA shall support the establishment of cybersecurity information-sharing arrangements referred to in paragraphs 2 and 3a by providing best practices and guidance.
Amendment 536 #
2020/0359(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
Member States shall ensure that, without prejudice to Article 3, entities falling outside the scope of this Directive may submit notifications to competent authorities or the CSIRT, on a voluntary basis, of significant incidents, cyber threats or near misses. When processing notifications, Member States shall act in accordance with the procedure laid down in Article 20. Member States may prioritise the processing of mandatory notifications over voluntary notifications. Voluntary reporting shall not result in the imposition of any additional obligations upon the reporting entity to which it would not have been subject had it not submitted the notificationsignificant cyber threats or significant near misses.
Amendment 538 #
2020/0359(COD)
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
Member States shall ensure that Article 20 applies mutatis mutandis for the submission and processing of the voluntary notifications referred to in paragraph 1 and 1a of this Article. Voluntary reporting shall not result in the imposition of any additional obligations upon the reporting entity to which it would not have been subject had it not submitted the notification.
Amendment 539 #
2020/0359(COD)
Proposal for a directive
Article 27 – paragraph 1 b (new)
Article 27 – paragraph 1 b (new)
Member States shall ensure that Article 20 applies mutatis mutandis for the submission and processing of the voluntary notifications referred to in paragraphs 1 and 1a of this Article. Where applicable, the voluntarily reporting entities shall be encouraged to notify simultaneously the recipients of their services that are potentially affected of any measures or remedies that those recipients can take in response to the threat. The notification shall not make the notifying entity subject to increased liability. Voluntary reporting shall not result in the imposition of any additional obligations upon the reporting entity to which it would not have been subject had it not submitted the notification.
Amendment 547 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 2 – point g
Article 29 – paragraph 2 – point g
(g) requests for evidence of implementation of cybersecurity policies, such as the results of security audits carried out by a qualified auditor and the respective underlying evidence.; the cost of the audit shall be paid by the essential entity;
Amendment 550 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 4 – point b
Article 29 – paragraph 4 – point b
(b) issue binding instructions, including those regarding the measures required to remedy an incident or prevent one from occurring when a significant threat has been identified, time-limits for implementation and reporting obligations, or an order requiring those entities to remedy the deficiencies identified or the infringements of the obligations laid down in this Directive;
Amendment 560 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 5 – subparagraph 1 – point a
Article 29 – paragraph 5 – subparagraph 1 – point a
(a) suspend or request a certification or authorisation body to suspendconsider suspension of a certification or authorisation concerning part or all therelevant services or activities provided by an essential entity;
Amendment 572 #
2020/0359(COD)
Proposal for a directive
Article 30 – paragraph 2 – point a a (new)
Article 30 – paragraph 2 – point a a (new)
(aa) investigate cases of non- compliance and the effects thereof on the security of the services;
Amendment 587 #
2020/0359(COD)
Proposal for a directive
Article 36
Article 36
Amendment 590 #
2020/0359(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall adopt and publish, by … [1824 months after the date of entry into force of this Directive], the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof. They shall apply those measures from … [one day after the date referred to in the first subparagraph].
Amendment 592 #
2020/0359(COD)
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
Article 19 of Regulation (EU) No 910/2014 is deleted with effect from [date of transposition deadline of the Directive].
Amendment 597 #
2020/0359(COD)
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union, with exception to Article 39 which enters into force on the day following the day when the transposition deadline as laid down in Article 38 expires.
Amendment 598 #
2020/0359(COD)
Proposal for a directive
Annex I – subheading 1
Annex I – subheading 1
ESSENNTITIES WITH HIGHER LEVEL OF CRITICAL ENTITIESITY:
Amendment 600 #
2020/0359(COD)
Proposal for a directive
Annex II – subheading 1
Annex II – subheading 1
Amendment 13 #
2020/0141(NLE)
Proposal for a decision
Recital 2
Recital 2
(2) In line with the Paris Agreement, on 11 December 2019 the European Commission published its communication on ‘The European Green Deal’ committing the Commission to ‘tackle climate and environmental- related challenges’ and ‘to transform the EU into a fair and prosperous society, with a modern, resource-efficient and competitive economy where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use’29 . The European Green Deal Communication, which sets out a new growth strategy, announces the need to support clean steel breakthrough technologies leading to a zero carbon steelmaking process by 2030 and to explore whether part of the funding liquidated under the European Coal and Steel Community can be used. The European Green Deal Communication also states that ‘all EU actions and policies should pull together to help the EU achieve a successful and just transition towards a sustainable future’. In line with the ‘do no harm principle’, enshrined in the European Green Deal Communication, the research objectives of the RFCS Research Programme are being revised, so as to no longer cover activities that perpetuate the extraction, processing and unabated use of coal. _________________ 29 COM(2019)640, p. 2.
Amendment 23 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Decision 2008/376/EC
Article 2 – paragraph 2
Article 2 – paragraph 2
The Research Programme shall provide support for collaborative research in the coal and steel sectors. The Research Programme shall also provide support for clean steel breakthrough and market-ready technologies leading to near zero-carbon steel making projects and research projects for managing the just transition of operating or formerly operating coal mines or coal mines in the process of closure and related infrastructure in line with the Just Transition Mechanism and in compliance with Article 4(2) of Council Decision 2003/76/EC1a. The Research Programme shall be consistent with the political, scientific, and technological objectives of the Union, and shall complement the activities carried out in the Member States and within the existing EU research programmes, in particular the fHorizon Europe – the Framework pProgramme for rResearch, technological development and demonstration activities (hereinafter referred to as ‘the Research Framework Programme’).; and Innovation (hereinafter referred to as ‘the Research Framework Programme’) The Research Programme shall explore forms of coal processing, namely coking coal.; _________________ 1aCouncil Decision 2003/76/EC of 1 February 2003 establishing the measures necessary for the implementation of the Protocol, annexed to the Treaty establishing the European Community, on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel (OJ L 29, 5.2.2003).
Amendment 30 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Decision 2008/376/EC
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Research projects shall support the coal regions in transition facing the transition towards a climate-neutral Union economy by 2050, with the objective to suppcover the transitional period priort theo phasing out of fossil fuels in industrial processes where it is technologically and commercially viable, to develop alternative activities on former mine sites and avoid or restore environmental damage of coal mines in the process of closure, formerly operating coal mines and their surroundings. Projects shall in particular focus on:
Amendment 41 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Decision 2008/376/EC
Article 4 – paragraph 1 – point (c)
Article 4 – paragraph 1 – point (c)
(c) non-energetic uses and on the production of raw materialsand recovery of critical and other raw materials such as coking coal, and their by-products, from coal, lignite and from mining wastes and residues from formerly operating coal mines or those in the closure processfrom mines operating or in the process of closure, duly assessing that their climate, environmental and health impact is minimised and lower than alternative solutions;
Amendment 46 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Decision 2008/376/EC
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Special attention shall be given during upcoming transitional period to strengthening European leadership in managing the transition of operating and formerly operating coal mines and coal- related infrastructure through technological and non-technological solutions, also supporting technology and non-technology transfer. Research activities with these objectives shall present tangible climate and environmental benefits in line with the objective of climate neutrality by 2050.;
Amendment 62 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Decision 2008/376/EC
Article 6 – paragraph 2 – point (c)
Article 6 – paragraph 2 – point (c)
(c) managing and re-using mining waste, by products of coal processing, fly ash and desulphurisation products from coal mines and power plants operating, in the process of closure and formerly operating coal mines and power plants, accompanied, where relevant, by other forms of waste;
Amendment 71 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Decision 2008/376/EC
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Research and technological development (RTD) shall aim to develop, demonstrate and improve market-ready low-carbon and near zero-carbon steel production processes with a view to raising product quality and increasing productivity. Substantially reducing emissions, energy consumption, the carbon footprint and other environmental impacts as well as conserving resources, shall form an integral part of the activities sought. Research projects shall address one or more of the following areas:
Amendment 74 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Decision 2008/376/EC
Article 8 – paragraph 1 – point (a)
Article 8 – paragraph 1 – point (a)
(a) new and improved breakthrough low-carbon and near zero-carbon iron- and steel-making processes and operations, with particular attention to carbon direct avoidance and/or smart carbon usage;
Amendment 76 #
2020/0141(NLE)
Proposal for a decision
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Decision 2008/376/EC
Article 8 – paragraph 1 – point (c)
Article 8 – paragraph 1 – point (c)
(c) steel process integration and process efficiency in low-carbon and near zero-carbon steel production;
Amendment 20 #
2020/0100(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to enhance the economic diversification of territories impacted by the transition, the Facility should cover a wide range of investments, on condition that they contribute to meet the development needs in the transition towards a climate neutral economy, as described in the territorial just transition plans. The investments supported may cover energy and transport infrastructure, including technological solutions based on natural gas with the possibility of a gradual shift to lower-emissions gas fuels in the future, district heating networks, green mobility, smart waste management, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination, as well as up- and re-skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climate transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities may be used.
Amendment 50 #
2020/0100(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. 'beneficiary' means a public sector legal entity established in a Member State as a public law body, or as a body governed by private law entrusted with a public service mission, – including entrepreneurs acting as private partners in public-private partnership (PPP) arrangements – and with whom a grant agreement has been signed under the Facility;
Amendment 84 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
Amendment 92 #
2020/0100(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Notwithstanding the criteria set out in Article 197 of the Financial Regulation, only public sector legal entities established in a Member State as a public law body, or as a body governed by private law entrusted with a public service mission, – including entrepreneurs acting as private partners in public-private partnership (PPP) arrangements – are eligible to apply as potential beneficiaries under this Regulation.
Amendment 95 #
2020/0100(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The amount of the grant shall not exceed 15% of the amount of the loan provided by the finance partner under this Facility. For projects located in territories in NUTS level 2 regions with a GDP per capita not exceeding 75% of the average GDP of the EU-27 as referred to in Article [102(2)] of Regulation [new CPR], and for transition regions with a GDP of between 75 and 100% of the average GDP of the EU-27 and which were classified as ‘lagging regions’ in the 2014-2020 financial perspective, the amount of the grant shall not exceed 205% of the amount of the loan provided by the finance partner.
Amendment 100 #
2020/0100(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In addition to the grounds specified in Article 131(4) of the Financial Regulation and after consulting the finance partner, the amount of the grant may be reduced or the grant agreement may be terminated, if within twohree years from the date of signature of the grant agreement, the economically most significant supply, works or services contract has not been signed, in cases where the conclusion of such contract is envisaged pursuant to the grant agreement.
Amendment 34 #
2020/0036(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Intergovernmental Panel on Climate Change’s (IPCC) Special Report on the impacts of global warming of 1.5 °C above pre-industrial levels and related global greenhouse gas emission pathways20 provides a strong scientific basis for tackling climate change and illustrates the need to step up climate action. It confirms that greenhouse gas emissions need to be urgently reduced, and that cEuropean Union and its Member States are fully committed to the Paris Agreement and its long-term goals, and call for urgently enhanced global ambition in light of the latest available science including the recent reports released by the Intergovernmental Panel on Climate cChange needs to be limited to 1.5 °C, in particular to reduce the likelihood of extreme weather events. The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services’ (IPBES) 2019 Global Assessment Report21 showed worldwide erosion of biodiversity, with climate change as the third most important driver of biodiversity loss.22(IPCC)20and the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services’ (IPBES). _________________ 20IPCC, 2018: Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre- industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [Masson-Delmotte, V., P. Zhai, H.-O. Pörtner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma- Okia, C. Péan, R. Pidcock, S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor, and T. Waterfield (eds.)]. 21IPBES 2019: Global Assessment on Biodiversity and Ecosystem Services. 22European Environment Agency’s The European environment – state and outlook 2020 (Luxembourg: Publication Office of the EU, 2019).
Amendment 37 #
2020/0036(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A fixed long-term objective is crucial to contribute to economic and societalnhancing just transformation, jobs, growth, and the achievement of the United Nations Sustainable Development Goals, as well as to movereach in a fair, efficient and cost- effective manner towards the temperature goal of limiting global warming to well below 2°C above pre-industrial levels and pursuing efforts to limit it to 1, 5°C above pre- industrial levels, as set out in the 2015 Paris Agreement on climate change following the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’).
Amendment 56 #
2020/0036(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Achieving climate neutrality should requires a contribution from all economic sectorsll economic sectors, including aviation and maritime transport, to reduce their emissions to close to zero. The polluter pays principle should be a key factor in that regard. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to a sustainable, affordable and secure energy system relying on a well-functioning internal energy market is essential. The digital transformation, technological innovation, and research and development are also important drivers for achieving the climate-neutrality objective. This will not be achieved without adequate additional funding for research and implementation.
Amendment 64 #
2020/0036(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Commission should recommend a detailed plan with all suggested necessary legislative and non- legislative measures in order to achieve a climate neutral economy in the EU by 2050. This plan should identify the key barriers and the measures that will be implemented at EU level to support the transformation of each sector of the economy
Amendment 68 #
2020/0036(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Union has been pursuing an ambitious policy on climate action and has put in place a regulatory framework to achieve its 2030 greenhouse gas emission reduction target. The legislation implementing this target consists, inter alia, of Directive 2003/87/EC of the European Parliament and of the Council26 , which establishes a system for greenhouse gas emission allowance trading within the Union, Regulation (EU) 2018/842 of the European Parliament and of the Council27 , which introduced national targets for reduction of greenhouse gas emissions by 2030, and Regulation (EU) 2018/841 of the European Parliament and of the Council28 , which requires Member States to balance greenhouse gas emissions and removals from land use, land use change and forestry. _________________ 26Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275 of 25 October 2003, p. 32). 27Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26). 28 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 69 #
2020/0036(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The Union has, through the ‘Clean Energy for All Europeans’ package29 been pursuing an ambitious decarbonisation agenda aiming towards climate neutrality notably by constructing a robust Energy Union, which includes 2030 goals for energy efficiency and deployment of renewable energy in Directives 2012/27/EU30 and (EU) 2018/200131 of the European Parliament and of the Council, and by reinforcing relevant legislation, including Directive 2010/31/EU of the European Parliament and of the Council32 . _________________ 29COM(2016) 860 final of 30 November 2016. 30Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1) 31Directive (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 (OJ L 328, 21.12.2018, p. 82). 32Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
Amendment 72 #
2020/0036(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Union is a global leader in the transition towards climate neutrality, and is determined to achieve it in a cost-effective, just, socially balanced and fair manner, as well as help raise global ambition and to strengthen the global response to climate change, using all tools at its disposal, including climate diplomacy.
Amendment 81 #
2020/0036(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The European Parliament called for the necessary transition to a climate-neutral society by 2050 at the latest and for this to be made into a European success story33 and has declared a climate and environment emergency34 . The European Council, in its Conclusions of 12 December 201935 , has agreed onendorsed the objective of collectively achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement, while also recognising that it is necessary to put in place an enabling framework and that the transition will require significant public and private investment. The European Council also invited the Commission to prepare a proposal for the Union’s long- term strategy as early as possible in 2020 with a view to its adoption by the Council and its submission to the United Nations Framework Convention on Climate Change. _________________ 33European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)). 34European Parliament resolution of 28 November 2019 on the climate and environment emergency (2019/2930(RSP)). 35 Conclusions adopted by the European Council at its meeting on 12 December 2019, EUCO 29/19, CO EUR 31, CONCL 9.
Amendment 84 #
2020/0036(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Union should aim to achieve a balance between reported anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases domestically within the Union by 2050. TAll Member States should collectively contribute to the fulfilment of the Union- wide 2050 climate-neutrality objective should be pursued by all Member States collectively, based on their national circumstances and the availability of support, taking into account the GDP per capita and starting points, and the Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures, as well as instruments, at Union level will constitute an important part of the measures needed to achieve the objective.
Amendment 92 #
2020/0036(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) All Member States have a responsibility to contribute to the collective EU climate neutrality by 2050 at the latest. As a matter of justice and solidarity, the application of Union support mechanisms and funding such as the Just Transition Fund provided for in Regulation (EU) …/… of the European Parliament and of the Council1a, should take into account Member States' different starting points to reach climate neutrality.
Amendment 96 #
2020/0036(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Union should continue its climate action and international climate leadership after 2050, in order to protect people and the planet against the threat of dangerous climate change, in pursuit of the temperature goals set out in the Paris Agreement and following the scientific recommendations of the IPCC.
Amendment 97 #
2020/0036(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
Amendment 109 #
2020/0036(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In taking the relevant measures at Union and national level to achieve the climate-neutrality objective, Member States and the European Parliament, the Council and the Commission should take into account the different starting points of Member States, the various national circumstances and support available, as well as, the contribution of the transition to climate neutrality to the well- being of citizens, the prosperity of society and the competitiveness of the economy; energy and food security and affordability whilst particularly taking into account the need to combat energy poverty; fairness and solidarity across and within Member States considering their economic capability, national circumstances and the need for convergence over time; the need to make the transition just and socially fair; best available scientific evidence, in particular the findings reported by the IPCC; the need to integrate climate change related risks into investment and planning decisions; cost-effectiveness and technological neutrality in achieving greenhouse gas emissions reductions and removals and increasing resilience; progression over time in environmental integrity and level of ambition in accordance with 2015 International Labour Organization's guidelines for a just transition towards environmentally sustainable economies and societies for all.
Amendment 114 #
2020/0036(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The transition to climate neutrality requires changes across the entire policy spectrum and a collective effort of all sectors of the economy and society, as illustrated by the Commission in its Communication ‘The European Green Deal’. The European Council, in its Conclusions of 12 December 2019, stated that all relevant Union legislation and policies need to be consistent with, and contribute to, the fulfilment of the climate- neutrality objective while respecting a level playing field, and invited the Commission to examine whether this requires an adjustment of the existing rules.
Amendment 119 #
2020/0036(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Commission, in its Communication ‘The European Green Deal’, announced its intention to assess and make proposals for increasing the Union’s greenhouse gas emission reduction target for 2030 to ensure its consistency with the climate-neutrality objective for 2050. In that Communication, the Commission underlined that all Union policies should contribute to the climate-neutrality objective and that all sectors should play their part. By September 2020, the Commission shouldintends, based on a comprehensive impact assessment and taking into account its analysis of the integrated national energy and climate plans submitted to the Commission in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council36 , to review the Union’s 2030 target for climate and explore options for a new 2030 target of 50 to 55 % emission reductions compared with 1990 levels, additionally providing information on the reported Union-wide emissions and removals projected for 2030. Where it considers necessary to amend the Union’s 2030 target, it shouldintends to make proposals to the European Parliament and to the Council to amend this Regulation as appropriate. In addition, the Commission shouldintends, by 30 June 2021, to assess how the Union legislation implementing that target would need to be amended in order to achieve emission reductions of 50 to 55 % compared to 1990. The Union confirms its target to reduce emissions by at least 40% compared to 1990 by 2030 and will consider raising its target only in a joint effort where all major emitters reach a comparable level of ambition. _________________ 36Regulation (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 (OJ L 328, 21.12.2018, p. 1).
Amendment 134 #
2020/0036(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To ensure the Union and the Member States remain on track to achieve the climate-neutrality objective and progress on adaptation, the Commission should regularly assess progress and gaps in required support. Should the collective progress made by Member States towards the achievement of the climate-neutrality objective or on adaptation be insufficient or Union measures inconsistent with the climate- neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience or reduce vulnerability, the Commission should take the necessary measures in accordance with the Treaties. The Commission should also regularly assess relevant national measures, and issue recommendations where it finds that a Member State’s measures are inconsistent with the climate-neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience and reduce vulnerability to climate change.
Amendment 144 #
2020/0036(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As citizens and communities, as well as regions, have a powerful role to play in driving thea just and fair transformation towards climate neutrality forward, strong public and social engagement on climate action should be facilitated. The Commission should therefore engage with all parts of society to enable and empower them to take action towards a climate-neutral and climate- resilient society, including through launching a European Climate Pact.
Amendment 150 #
2020/0036(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain the credibility of the Union’s leadership in the field of climate change, as well as to provide predictability and confidence for all economic actors, including businesses, workers, investors and consumers, to ensure that the transition towards climate neutrality is irreversible, to ensure gradual reduction over time and to assist in the assessment of the consistency of measures and progress with the climate- neutrality objective, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to set out a trajectory for achieving net zero greenhouse gas emissions in the Union by 2050. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 37determine the emission reduction targets has to be exercised with the full participation of all key Union institutions i.e. after a thorough impact assessment, via legislative procedure, and following the strategic guidance given by the European Council. OJ L 123, 12.5.2016, p. 1.
Amendment 169 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Reported Union-wide emissions and removals of greenhouse gases regulated in Union law shall be balanced in the Union at the latest by 2050, thus reducing emissions to net zero by that date.
Amendment 171 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. As from 1 January 2051, removals of greenhouse gases shall exceed emissions in the Union
Amendment 180 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures and provide support at Union and national level respectivelyas appropriate, to enable the collective achievement of the climate- neutrality objective set out in paragraph 1, taking into account the importance of promoting fairness and solidarity among Member States, as well as the enhancement of a just transition.
Amendment 191 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. By September 2020, the Commission shallThe Commission shall prepare a thorough impact assessment in preparation for a review of the Union’s 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 in light of the climate-neutrality objective set out in Article 2(1), and explore options for a new 2030 target of 50 to 55% emission reductions compared to 1990. Where the Commission considers that it is necessary to amend that target, it shall make proposals to the European Parliament and to the Council as appropriateincluding information on the reported Union-wide emissions and removals projected for 2030, and explore options for a new 2030 target. The impact assessment shall cover the impacts on the EU, Member States and on sectoral levels.
Amendment 199 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how all of the Union legislation implementing therelevant for the fulfilment of Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990 and to achieve the climate-neutrality-objective set out in Article 2(1), and consider taking the necessary measures, includingreinforce protection against carbon leakage, through the introduction of a carbon border adjustment mechanism, and to mobilise adequate resources for all investments necessary to reach this target. The Commission shall in particular evaluate the adoption of legislative proposals, in accordance with the Treatiess for how emissions from all sectors can contribute to the 2030 target and the 2050 climate-neutrality objective.
Amendment 205 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. The Commission shall prepare a plan to mobilise adequate financing for investments needed to achieve the climate- neutrality objective set out in Article 2(1), in particular addressing the needs of Member States, regions and citizens most affected by the climate policy. This plan will also include information on the financing needed on the sectoral level as described in para. 6a.
Amendment 207 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 9 to supplement this Regulation by setting out a trajectory at Union level to achieve the climate-neutrality objective set out in Article 2(1) until 2050. At the latest within six months after each global stocktake referred to in Article 14 of the Paris Agreement, the Commission shall review the trajectoryshall conduct a regular assessment of progress made collectively by the Member States to achieve the climate-neutrality objective set out in Article 2(1) until 2050.
Amendment 215 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 217 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 283 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the collective progress made by all Member States towards the achievement of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
Amendment 288 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The Commission shall submit the conclusions of that assessmentse assessments and their conclusions, together with the State of the Energy Union Report prepared in the respective calendar year in accordance with Article 35 of Regulation (EU) 2018/1999, to the European Parliament and to the Council. , and shall make them publicly available.
Amendment 290 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the consistency of Union measures with the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
Amendment 298 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and 2, the Commission finds that Union measures are inconsistent with the climate-neutrality objective set out in Article 2(1) or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptation as referred to in Article 4 is insufficient, it shall take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1).
Amendment 301 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall assess any draft measure or legislative proposal in light of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) before adoption, and include this analysis in any impact assessment accompanying these measures or proposals, and make the result of that assessment public at the time of adoption.
Amendment 305 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis of the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective as expressed by the trajectory referred to in Article 3(1);
Amendment 311 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objective as expressed by the trajectory referred toe climate-neutrality objective set out in Article 32(1) or inadequate to ensure progress on adaptation as referred to in Article 4, it may issue recommendations to that Member State. The Commission shall make such recommendations publicly available.
Amendment 318 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) reports of the European Environment Agency (EEA) and relevant UNFCCC bodies;
Amendment 320 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) European and global statistics and data, including data on performance of major emitters, as well as losses from adverse climate impacts, where available; and
Amendment 328 #
2020/0036(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall engage with all parts of society to enable and empower them to take action towards a socially just, climate- neutral and climate-resilient society, including through the European Climate Pact set out in paragraph 2. The Commission shall facilitate an inclusive and accessible process at all levels, including at national, regional and local level and with social partners, citizens and civil society, for the exchange of best practice and to identify actions to contribute to the achievement of the objectives of this Regulation. In addition, the Commission may also draw on the multilevel climate and energy dialogues as set up by Member States in accordance with Article 11 of Regulation (EU) 2018/1999.
Amendment 332 #
2020/0036(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
The Commission shall establish a European Climate Pact with the purpose of engaging citizens, social partners and stakeholders in the elaboration of Union- level climate policies and fostering dialogue and the diffusion of science- based information about climate change, as well as sharing best practices for sustainable lifestyles and climate initiatives.
Amendment 336 #
2020/0036(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 342 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 6
Article 10 – paragraph 1 – point 6
Regulation (EU) 2018/1999
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) achieving long-term greenhouse gas emission reductions and enhancements of removals by sinks in all sectors in accordance with the Union's climate- neutrality objective set out in Article 2 of Regulation …/… [Climate Law], in the context of necessary reductions according to the Intergovernmental Panel on Climate Change (IPCC) to reduce the Union's greenhouse gas emissions in a cost-effective manner and enhance removals by sinks in pursuit of the temperature goal in the Paris Agreement so as to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases within the Union as early as possible;
Amendment 46 #
2019/2028(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for additional funds to accelerate the development and deployment of cleaner technologies to help meet the commitments undertaken by the Union under the Paris Agreement and the rulebook settled in Katowice;
Amendment 53 #
2019/2028(BUD)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes that given a moderate budget proposed for cohesion policies the financial support should be additionally directed to coal and carbon-intensive regions that struggle to implement commitments in the framework of the Union climate policy and mitigate their negative socio-economic effects; calls, therefore, for adequate financing for actions facilitating a just energy transition, including through pilot projects and preparatory actions, ensuring adequate compensation measures to countries and regions that have a worse starting point in energy transition.
Amendment 19 #
2019/0254(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, in order to ensure that support can be granted to farmers and other beneficiaries from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) in 2021, the Union should continue to grant such support for onetwo more years under the conditions of the existing legal framework, which covers the period 2014 to 2020. The existing legal framework is laid down in particular in Regulations (EU) No 1303/20137 , (EU) No 1305/20138 , (EU) No 1306/20139 , (EU) No 1307/201310 , (EU) No 1308/201311 , (EU) No 228/201312 and (EU) No 229/201313 of the European Parliament and of the Council. In addition, to facilitate the transition from existing support schemes to the new legal framework which covers the period starting on 1 Januarya transition period of two years should be introduced until December 31 2022, rules should be laid down to regulate how certain support granted on a multiannual basis will be integrated into the new legal framework. __________________ 7Regulation (EU) No1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320). 8Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487). 9Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549). 10Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608). 11Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671). 12Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23). 13Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41).
Amendment 22 #
2019/0254(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In light of the fact that the Union should continue to support rural development in 2021, Member States, that demonstrate the risk to run out of funds and not to be able to undertake new legal commitments in accordance with Regulation (EU) No 1305/2013, should have the possibility to extend their rural development programmes or certain of their regional rural development programmes supported by the EAFRD to 31 December 20212 and to finance those extended programmes from the corresponding budget allocation for the year 2021 and 2022. The extended programmes should aim at maintaining at least the same overall level of environment and climate ambition.
Amendment 24 #
2019/0254(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Since certain Member States may still have funds provided by the Union in previous years, Member States should also have the possibility not to extend their rural development programmes or not to extend certain of their regional rural development programmes. Those Member States should have the possibility to transfer the EAFRD budget allocation for 2021 and 2022 or the part of the EAFRD budget allocation corresponding to the regional rural development programmes that have not been extended, to the financial allocations for the years 20223 to 2025, in accordance with the Council Regulation (EU) …/…[Regulation laying down the multiannual financial framework for the years 2021 to 2027]14 . __________________ 14 Regulation MFF OJ L , , p. .
Amendment 26 #
2019/0254(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to allow the Commission to provide the necessary financial planning and the corresponding adjustments of the annual breakdowns of the Union support set out in the Annex to Regulation (EU) No 1305/2013, Member States should inform the Commission soon after the entry into force of this Regulation whether they decide to extend their rural development programmes and, in case of regional rural development programmes, which of those programmes they decide to extend, and consequently which corresponding amount of the budget allocation for 2021 and 2022 is not to be transferred to the following years.
Amendment 27 #
2019/0254(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Regulation (EU) No 1303/2013 lays down common rules applicable to the EAFRD and some other Funds, which operate under a common framework. That Regulation should continue to apply to programmes supported by the EAFRD for the 2014–2020 programming period as well as to those programmes supported by the EAFRD for which Member States decide to extend that period to 31 December 20212. For those Member States, the Partnership Agreement drawn up for the period from 1 January 2014 to 31 December 2020 in accordance with Regulation (EU) No 1303/2013 should continue to be used as a strategic document by Member States and the Commission with regard to the implementation of support granted by the EAFRD for the programming year 2021.
Amendment 29 #
2019/0254(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Regulation (EU) No 1310/2013 of the European Parliament and of the Council15 and Commission Delegated Regulation (EU) No 807/201416 provide that expenditure for certain long-term commitments undertaken pursuant to certain regulations that granted support for rural development before Regulation (EU) No 1305/2013 should continue to be paid by the EAFRD in the 2014-2020 programming period under certain conditions. That expenditure should also continue to be eligible for the duration of their respective legal commitment under the same conditions in the programming year 2021 and 2022. For reasons of legal clarity and certainty, it also should be clarified that the legal commitments undertaken under measures that correspond to measures of Regulation (EU) No 1305/2013 to which the integrated administration and control system applies, should be subject to this integrated administration and control system and that payments related to these legal commitments have to be made within the period from 1 December to 30 June of the following calendar year. __________________ 15 Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013 laying down certain transitional provisions on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), amending Regulation (EU) No 1305/2013 of the European Parliament and of the Council as regards resources and their distribution in respect of the year 2014 and amending Council Regulation (EC) No 73/2009 and Regulations (EU) No 1307/2013, (EU) No 1306/2013 and (EU) No 1308/2013of the European Parliament and of the Council as regards their application in the year 2014 (OJ L 347, 20.12.2013, p. 865). 16Commission Delegated Regulation (EU) No 807/2014 of 11 March 2014 supplementing Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and introducing transitional provisions (OJ L 227, 31.7.2014, p. 1).
Amendment 32 #
2019/0254(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In light of the fact that the CAP Strategic Plans to be prepared by Member States in accordance with the new legal framework are to be applicable as of 1 January 20223, transitional rules should be laid down to regulate the transition from existing support schemes to the new legal framework, in particular Regulation (EU) …/… of the European Parliament and of the Council18 [CAP Strategic Plan Regulation]. __________________ 18Regulation (EU) …/… of the European Parliament and of the Council [CAP Strategic Plan] (OJ L …, …, p. …).
Amendment 36 #
2019/0254(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) With the view to ensuring continuity as regards the aid schemes in the fruit and vegetable sector, wine sector and the apiculture sector, rules need to be laid down that allow those aid schemes to continue to be implemented until the end of their respective programming periods. For this period certain provisions of Regulation (EU) No 1306/2013 should therefore continue to apply in relation to expenditure incurred and payments made for operations implemented pursuant to Regulation (EU) No 1308/2013 after 31 December 20212 and until the end of those aid schemes.
Amendment 39 #
2019/0254(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The EAFRD should be able to support Community-led local development set up in accordance with the new rules laid down by Regulation (EU) XXXX/XXXX [New CPR]. However, in order to avoid unspent funds for Community-led local development in the programming year 2021 and 2022, Member States that decide to extend their rural development programmes to 31 December 2021 and that also make use of the possibility to transfer amounts from direct payments to rural development, should be able to apply the 5% minimum allocation for Community-led local development only to the EAFRD contribution to the rural development extended to 31 December 20212 calculated before the transfer of amounts from direct payment has been done.
Amendment 42 #
2019/0254(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure continuity in the transitional period, the reserve for crises in the agricultural sector should be maintained for 2021, 2022 and the relevant amount of the reserve for 2021 and 2022 should be included.
Amendment 47 #
2019/0254(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Article 11 of Regulation (EU) No 1307/2013 currently only provides for a notification obligation for Member States as regards their decisions and the estimated product related to the reduction of the part of the amount of direct payments to be granted to a farmer for a given calendar year exceeding EUR 150 000 for the years 2015 to 2020. With a view to ensuring a continuation of the existing system, Member States should also notify their decisions and the estimated product of reduction for calendar year 2021 and 2022.
Amendment 49 #
2019/0254(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Article 14 of Regulation (EU) No 1307/2013 allows Member States to transfer funds between direct payments and rural development as regards calendar years 2014 to 2020. In order to ensure that Member States may keep their own strategy, the flexibility between pillars should be made available also for calendar year 20212 (i.e. financial year 20223).
Amendment 51 #
2019/0254(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to allow the Commission to be able to set the budgetary ceilings in accordance with Articles 22(1), 36(4), 42(2), 47(3), 49(2), 51(4) and 53(7) of Regulation (EU) No 1307/2013, it is necessary that Member States notify their decisions on financial allocations by scheme for calendar year 2021 and 2022 by 1 August 2020 and 2021.
Amendment 54 #
2019/0254(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In accordance with the current legal framework, Member States notified in 2014 their decisions up to calendar year 2020, on the division of the annual national ceiling for the basic payment scheme between the regions and the possible annual progressive modifications for the period covered by Regulation (EU) No 1307/2013. It is necessary that Member States also notify those decisions for calendar year 2021 and 2022.
Amendment 60 #
2019/0254(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Article 30 of Regulation (EU) No 1307/2013 provides for the annual progressive modifications in the value of the payment entitlements allocated from the reserve to reflect the annual steps of the national ceiling set in Annex II to that Regulation, reflecting a “multiannual” management of the reserve. Those rules should be adapted so to reflect that it is possible to amend both the value of all allocated entitlements and of the reserve to adjust to a change in the amount in that Annex II between two years. Moreover, in some Member States not having reached a flat rate by 2019, internal convergence is implemented on an annual basis. For calendar years 2020, 2021 and 2021,2 only the value of the payment entitlement of the current year needs to be determined in the year of allocation. The unit value of entitlements to be allocated from the reserve in a given year should be calculated after possible adjustment of the reserve in accordance with Article 22(5) of that Regulation. In any subsequent year, the value of the payment entitlements allocated from the reserve should be adapted in accordance with that Article 22(5).
Amendment 62 #
2019/0254(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Article 36 of Regulation (EU) No 1307/2013 provides the application of the single area payment scheme (SAPS) until 31 December 2020. The CAP Strategic Plan Regulation (EU) …/… [CAP Strategic Plan Regulation] allows Member States to implement a basic income support with the same modalities, i.e. without the allocation of payment entitlements based on historic references. Therefore, it is appropriate to allow the prolongation of SAPS in 2021 and 2022.
Amendment 68 #
2019/0254(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) Irrespective of the date of adoption of the proposal for a Council Regulation determining the multiannual financial frame work for the years 2021–2027 and related to it the proposal for a regulation of the European Parliament and of the Council [regulation on the plan Strategic CAP] and publication date in the Official Journal of The European Union, a transitional period of two years, until December 31, 2022.
Amendment 70 #
2019/0254(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
For programmes supported by the European Agricultural Fund for Rural Development (EAFRD), Member States that risk, due to the lack of financial resources, not to be able to undertake new legal commitments in accordance with Regulation (EU) No 1305/2013, may extend the period laid down in Article 26(1) of Regulation (EU) No 1303/2013 to 31 December 20212.
Amendment 78 #
2019/0254(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 4
Article 1 – paragraph 1 – subparagraph 4
The notification referred to in the second subparagraph shall be without prejudice to the need to submit a request to amend a rural development programme for the year 2021 and 2022 as referred to in Article 11(1)(a) of Regulation (EU) No 1305/2013. Such an amendment shall aim at maintaining at least the same overall level of the EAFRD expenditure for the measures referred to in Article 59(6) of that Regulation.
Amendment 80 #
2019/0254(COD)
Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
For Member States that do not decide to make use of the possibility provided in paragraph 1 of this Article, Article [8] of Regulation (EU) …/…[Regulation laying down the multiannual financial framework for the years 2021 to 2027] shall apply to the allocation not used for the year 2021 and 2022 as set out in Annex I to Regulation (EU) No 1305/2013.
Amendment 82 #
2019/0254(COD)
Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Where a Member State decides to make use of the possibility provided in paragraph 1 only with regard to certain regional programmes, the allocation referred to in the first subparagraph of this paragraph shall be the amount set out for that Member State for 2021 and 2022 in Annex I to Regulation (EU) No 1305/2013 minus the budgetary allocations notified in accordance with the first subparagraph of paragraph 2 for the regional programmes that are extended.
Amendment 86 #
2019/0254(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. For programmes for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, the references to time periods or deadlines in Articles 50(1), 51(1), 57(2), 65(2) and (4), and the first paragraph of Article 76 of Regulation (EU) No 1303/2013 shall be extended for onetwo years.
Amendment 88 #
2019/0254(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For Member States that decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, the Partnership Agreement drawn up for the period from 1 January 2014 to 31 December 2020 in accordance with Regulation (EU) No 1303/2013 shall continue to be used as a strategic document by Member States and the Commission with regard to the implementation of support granted by the EAFRD for the years 2021 and 2022.
Amendment 90 #
2019/0254(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Eligibility of certain types of expenditure in 2021 and 2022
Amendment 92 #
2019/0254(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Without prejudice to Article 65(2) of Regulation (EU) No 1303/2013, to Article 2(2) of this Regulation and to Article 38 of Regulation (EU) No 1306/2013, the expenditure referred to in Article 3(1) of Regulation (EU) No 1310/2013 and in Article 16 of Delegated Regulation (EU) No 807/2014 shall be eligible for an EAFRD contribution from the 2021 and 2022 allocation for programmes supported by the EAFRD for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, subject to the following conditions:
Amendment 94 #
2019/0254(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) such expenditure is provided for in the respective rural development programmes for 2021 and 2022;
Amendment 96 #
2019/0254(COD)
Proposal for a regulation
Title I – chapter II – title
Title I – chapter II – title
Amendment 97 #
2019/0254(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For programmes supported by the EAFRD in the 2014–2020 period and for the programmes for which Member States decide to extend the 2014-2020 period in accordance with Article 1(1) of this Regulation, the EAFRD may support mono or multi-funded community-led local development in accordance with Articles 25 to 28 of Regulation (EU) [NEW CPR].
Amendment 101 #
2019/0254(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) such expenditure is provided for in the respective CAP Strategic Plan for 2022- 2027 in accordance with Regulation (EU) [CAP Plan Regulation] and complies with Regulation (EU) [HzR];
Amendment 103 #
2019/0254(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
The first subparagraph shall also apply to legal commitments to beneficiaries undertaken under corresponding measures provided for in Regulation (EC) No 1257/1999, which are receiving support under Regulation (EU) No 1305/2013.
Amendment 104 #
2019/0254(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Expenditure relating to legal commitments to beneficiaries incurred under the multiannual measures referred to in Articles 16, 22, 27, 28, 29, 33 and 34 of Regulation (EU) No 1305/2013 and expenditure relating to legal commitments for a time period going beyond 1 January 2024, or beyond 1 January 2025 in Member States that have decided to extend the 2014-2020 period in accordance with Article 1(1) of this Regulation, under Articles 14 to, Article 15, Article 17, Article 18, points (a) and (b) of Article 19(1), Article 20, Articles 223 to 276, 35, 38, 39 and 39a of Regulation (EU) No 1305/2013 and under Article 35 of Regulation (EU) No 1303/2013 shall be eligible for an EAFRD contribution in the period 2022-2027 covered by the CAP Strategic Plan, subject to the following conditions :
Amendment 106 #
2019/0254(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) such expenditure is provided for in the respective CAP Strategic Plan for 2022-2027 in accordance with Regulation (EU) [CAP Strategic Plan Regulation] and complies with Regulation (EU) [HzR];
Amendment 108 #
2019/0254(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) the EAFRD contribution rate of the corresponding intervention set in the CAP Strategic Plan in accordance with Regulation (EU) [CAP Strategic Plan Regulation], applies;
Amendment 110 #
2019/0254(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The work programmes to support the olive oil and table olives sector referred to in Article 29 of Regulation (EU) No 1308/2013, drawn up for the period running from 1 April 2018 until 31 March 2021, shall be extended and shall end on 31 December 20212. The relevant producer organisations recognised under Article 152 of Regulation (EU) No 1308/2013, the relevant associations of producer organisations recognised under Article 156 of that Regulation and the relevant interbranch organisations recognised under Article 157 of that Regulation shall modify their work programmes to take account of this extension. The modified work programmes shall be notified to the Commission by 31 December 2020.
Amendment 112 #
2019/0254(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point b and point b a (new)
Article 7 – paragraph 2 – subparagraph 1 – point b and point b a (new)
(b) be replaced by a new operational programme approved under Regulation (EU) [CAP Strategic Plan Regulation]. or (ba) continue to operate until its end under the conditions applicable on the basis of the provisions in force on the date of its approval.
Amendment 116 #
2019/0254(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The support programmes in the wine sector referred to in Article 40 of Regulation (EU) No 1308/2013 shall end on 15 October 2023. Articles 39 to 54 of Regulation (EU) No 1308/2013 shall continue to apply after 31 December 20212 as regards expenditure incurred and payments made for operations implemented pursuant to that Regulation before 16 October 2023 within the aid scheme referred to in Articles 39 to 52 of that Regulation.
Amendment 118 #
2019/0254(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The national programmes in the apiculture sector referred to in Article 55 of Regulation (EU) No 1308/2013 shall end on 31 July 2022. Articles 55, 56 and 57 of Regulation (EU) No 1308/2013 shall continue to apply after 31 December 20212 as regards expenditure incurred and payments made for operations implemented pursuant to that Regulation before 1 August 2022 within the aid scheme referred to in Article 55 of that Regulation.
Amendment 121 #
2019/0254(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. With regard to the aid schemes referred to in paragraphs 3 and 4 of this Article, Articles 7(3), 9, 21, 43, 51, 52, 54, 59, 67, 68, 70 to 75, 77, 91 to 97, 99, 100, 102(2), 110 and 111 of Regulation (EU) No 1306/2013 and the relevant provisions of delegated and implementing acts related to those Articles shall continue to apply after 31 December 20212 in relation to expenditure incurred and payments made for operations implemented pursuant to Regulation (EU) No 1308/2013 after that date and until the end of the aid schemes referred to in paragraphs 3 and 4 of this Article.
Amendment 126 #
2019/0254(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point 1
Article 8 – paragraph 1 – point 1
Regulation (EU) No 1305/2013
Article 28 – paragraph 5 – subparagraph 1 a
Article 28 – paragraph 5 – subparagraph 1 a
For new commitments to be undertaken from 2021 Member States shall determine a shorter period of one to threefive years in their rural development programmes. If Member States provide for an annual extension of commitments after the termination of the initial period in accordance with the first subparagraph, from 2021 the extension shall not go beyond one year. As from 2021, for new commitments directly following a commitment performed in the initial period, Member States shall determine a period of one year to five years in their rural development programmes.;
Amendment 129 #
2019/0254(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point 2
Article 8 – paragraph 1 – point 2
Regulation (EU) No 1305/2013
Article 29 – paragraph 3 – subparagraph 1 a
Article 29 – paragraph 3 – subparagraph 1 a
For new commitments to be undertaken from 2021, Member States shall determine a shorter period of one to threfive years in their rural development programmes. If Member States provide for an annual extension for the maintenance of organic farming after the termination of the initial period in accordance with the first subparagraph, from 2021 the extension shall not go beyond one year. As from 2021, for new commitments concerning maintenance that directly follow the commitment performed in the initial period, Member States shall determine a period of one to five years in their rural development programmes.;
Amendment 133 #
2019/0254(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point 5 a (new)
Article 8 – paragraph 1 – point 5 a (new)
Regulation (EU) No 1305/2013
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
(5a) in Article 51, after paragraph 2 the following paragraph is inserted: ‘2a. In transitional period of the 2021 year, the Member States may finance tasks related to implementation of EAGF measures concerning the programming period 2021-2027 by EAFRD technical assistance of the programming period 2014-2020.’
Amendment 136 #
2019/0254(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point 6 – point a
Article 8 – paragraph 1 – point 6 – point a
Regulation (EU) No 1305/2013
Article 58 – paragraph 1 – subparagraph 1 a
Article 58 – paragraph 1 – subparagraph 1 a
Without prejudice to paragraphs 5, 6 and 7, the total amount of Union support for rural development under this Regulation for the period from 1 January 2021 to 31 December 20212 shall be maximum EUR 11 258 707 816, in current prices, in accordance with the multiannual financial framework for the years 2021 to 2027.;
Amendment 153 #
2019/0254(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 10 a (new) – point a (new)
Article 10 – paragraph 1 – point 10 a (new) – point a (new)
Regulation (EU) No 1307/2013
Article 37 – paragraph 1
Article 37 – paragraph 1
(10a) Article 37 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Member States applying the single area payment scheme in accordance with Article 36 may decide to grant transitional national aid in the period 2015-2020.1.’
Amendment 156 #
2019/0254(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 10 a (new) – point b (new)
Article 10 – paragraph 1 – point 10 a (new) – point b (new)
Regulation (EU) No 1307/2013
Article 37 – paragraph 11 – subparagraph 4 – indent 6
Article 37 – paragraph 11 – subparagraph 4 – indent 6