BETA

1443 Amendments of Claudia GAMON

Amendment 1 #

2023/2042(INI)

Motion for a resolution
Citation -1 (new)
– having regard to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), which establish the principles, objectives and competences of the EU, and which recognize the right of European States to apply for membership of the Union,
2023/05/17
Committee: AFET
Amendment 2 #

2023/2042(INI)

Motion for a resolution
Citation -1 a (new)
-1a having regard to the Agreement on the European Economic Area (EEA), which recognizes the right of any Member State of the European Union or member of the European Free Trade Association (EFTA) to apply for membership of the European Economic Area,
2023/05/17
Committee: AFET
Amendment 6 #

2023/2042(INI)

Motion for a resolution
Citation 5
– having regard to the Decision of the Council,Bilateral Agreements I of 21 June 1999 and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation, known as ‘Bilaterals I’Bilateral Agreements II of 26 October 2004 between the EU and Switzerland, which cover a wide range of areas of cooperation, including free movement of persons, land and air transport, research and technology, education and training, agriculture, public procurement, taxation, customs fraud, police and judicial cooperation, asylum and migration policy, and environmental issues 4, _________________ 4 OJ, L 114, 30.4.2002.
2023/05/17
Committee: AFET
Amendment 9 #

2023/2042(INI)

Motion for a resolution
Citation 6
– having regard to nine additional sectoral agreements signed in 2004, known as ‘Bilaterals II’,deleted
2023/05/17
Committee: AFET
Amendment 20 #

2023/2042(INI)

Motion for a resolution
Citation 11
– having regard to the Agreement between the Swiss Confederation and the European Police Office in force sincesigned in 20064,
2023/05/17
Committee: AFET
Amendment 21 #

2023/2042(INI)

Motion for a resolution
Citation 11 a (new)
– having regard to the agreement on the participation of Switzerland in the Schengen Area of 26 October 2004, which allows the free movement of persons between Switzerland and the EU Member States, and which facilitates cooperation in matters of security and the fight against cross-border crime,
2023/05/17
Committee: AFET
Amendment 24 #

2023/2042(INI)

Motion for a resolution
Citation 12
– having regard to the Agreement between Eurojust and Switzerland ofsigned on 267 November 2008,
2023/05/17
Committee: AFET
Amendment 29 #

2023/2042(INI)

Motion for a resolution
Citation 15
– having regard to the Arrangement between the European Union and the Swiss Confederation on the modalities of its participation in the European Asylum Support Office11signed on 10 June 2014, and , ratified by Switzerland onin force since1 March 2016, _________________ 11 OJ L 65, 11.3.2016, p. 22.
2023/05/17
Committee: AFET
Amendment 31 #

2023/2042(INI)

Motion for a resolution
Citation 16
– having regard to the Agreement between the EU and Switzerland on the automatic exchange of financial account information, which entered into force on 1 January 2017, and which significantly facilitates the fight against tax evasion,
2023/05/17
Committee: AFET
Amendment 32 #

2023/2042(INI)

Motion for a resolution
Citation 17 a (new)
– having regard to the regulatory package presented by the European Commission on 14 July 2021, which aims to reduce the EU's net greenhouse gas emissions by at least 55% by 2030,
2023/05/17
Committee: AFET
Amendment 34 #

2023/2042(INI)

Motion for a resolution
Citation 19
– having regard to the decision by the Swiss Federal Council of 26 May 2021 to terminate the negotiations of the EU-Swissn an Institutional Framework Agreement between the EU and Switzerland,
2023/05/17
Committee: AFET
Amendment 38 #

2023/2042(INI)

Motion for a resolution
Citation 23
– having regard to the European Parliament recommendation of 18 June 2020 on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland14, _________________ 14 OJ C 362, 8.9.2021, p. 90.deleted
2023/05/17
Committee: AFET
Amendment 41 #

2023/2042(INI)

Motion for a resolution
Recital A
A. whereas the EU and Switzerland are close like-minded allies and key economic partners, with shared values such as democracy, the rule of law, human rights and the protection of minorities, both committed to the promotion of peace, security and stability in Europe and in the world;
2023/05/17
Committee: AFET
Amendment 45 #

2023/2042(INI)

Motion for a resolution
Recital B
B. whereas the EU and Switzerland have a long-standing relationship, founded on shared values and goals of peace andcommon economic prosperity;, with strong social, economic, and cultural connections,
2023/05/17
Committee: AFET
Amendment 47 #

2023/2042(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the EU and Switzerland face common challenges, such as climate change, biodiversity loss, diminution of resources, international instabilities, challenge to the multilateral system, accelerating digitalisation, strengthening of undemocratic or authoritarian regimes, inequalities and the rapid changing world of work;
2023/05/17
Committee: AFET
Amendment 55 #

2023/2042(INI)

Motion for a resolution
Recital D
D. whereas to date, the EU and Switzerland have concluded over 120many bilateral agreements; whereas many of them urgently need to be updated;
2023/05/17
Committee: AFET
Amendment 73 #

2023/2042(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas Swiss citizens benefit fully from free movement within the Union, and installations in the Union, on the same basis as EU citizens;
2023/05/17
Committee: AFET
Amendment 78 #

2023/2042(INI)

Motion for a resolution
Recital G
G. whereas Switzerland will hold general elections on 22 October 2023; whereas the EU will hold elections for the European Parliament in 2024;
2023/05/17
Committee: AFET
Amendment 81 #

2023/2042(INI)

Motion for a resolution
Subheading 1
Foreign and security policyCooperation Pact between the European Union and the Swiss Confederation
2023/05/17
Committee: AFET
Amendment 82 #

2023/2042(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Recalls that the Union and Switzerland are united by common values, that they face common challenges and that they often have similar responses;
2023/05/17
Committee: AFET
Amendment 83 #

2023/2042(INI)

Motion for a resolution
Paragraph -1 a (new)
-1a. Considers that it is in the fundamental interest of both parties to strengthen their relations; stresses that these relations must be stable and mutually beneficial, within the framework of a modernized relationship based on a set of agreements that are a source of stability, well-being and fair competition;
2023/05/17
Committee: AFET
Amendment 84 #

2023/2042(INI)

Motion for a resolution
Paragraph -1 b (new)
-1b. Regrets in this context the Swiss Federal Council’s decision to terminate the negotiations on the EU-Swiss Institutional Framework in May 2021; regrets any narratives that the EU works against Swiss interests; stresses that a new failure in negotiating an agreement on EU-Swiss relations would be damaging for the citizens of both the EU and Switzerland;
2023/05/17
Committee: AFET
Amendment 85 #

2023/2042(INI)

Motion for a resolution
Paragraph -1 c (new)
-1c. Welcomes the political declaration of 24 March 2023, in which the conference of cantonal governments declared itself in favor of a clear relationship with the Union, based on agreements and common values;
2023/05/17
Committee: AFET
Amendment 86 #

2023/2042(INI)

Motion for a resolution
Paragraph -1 d (new)
-1d. Welcomes Switzerland's participation in the summits of the European political community;
2023/05/17
Committee: AFET
Amendment 87 #

2023/2042(INI)

Motion for a resolution
Paragraph -1 e (new)
-1e. Is concerned that existing bilateral agreements are reaching the end of their validity, or their distance from the law applied in the rest of the Common Market;
2023/05/17
Committee: AFET
Amendment 88 #

2023/2042(INI)

Motion for a resolution
Paragraph -1 f (new)
-1f. Notes that the bilateral path remains the one preferred by Switzerland, and not membership of the European Economic Area or membership of the Union; stresses that Switzerland is still welcome to join the EEA or the Union in the future if it so wishes, thus enabling it to participate fully in European decisions and rules;
2023/05/17
Committee: AFET
Amendment 89 #

2023/2042(INI)

Motion for a resolution
Paragraph -1 g (new)
-1g. Calls for the negotiation of a Cooperation Pact between the European Union and the Swiss Confederation; stresses that such a Pact should enable a new start to be made in the relationship between the EU and Switzerland, and should be of full benefit to EU and Swiss citizens; calls for this Pact to modernise all existing bilateral agreements, and to extend Euro-Swiss cooperation to new areas;
2023/05/17
Committee: AFET
Amendment 90 #

2023/2042(INI)

Motion for a resolution
Paragraph -1 h (new)
-1h. Welcomes the Swiss Federal Council’s decision to set out its approach for negotiations and that it commissioned the development of key figures for a negotiation mandate with the EU by the end of June 2023; calls on the Federal Council to respect this timetable by rapidly adopting a negotiating mandate on the essential structural issues, which would give a clear political signal to the EU, so that negotiations can be opened as soon as possible;
2023/05/17
Committee: AFET
Amendment 91 #

2023/2042(INI)

-1i. Expects the progress in exploratory talks between the Commission and the Swiss Federal Council to be stepped up with a view to obtaining the clarifications and assurances required to adopt a mandate for negotiations; calls on both sides to use this window of opportunity for talks on a Cooperation Agreement between the European Union and the Swiss Confederation, which both parties should agree on before the end of the term of the current European Commission and European Parliament;
2023/05/17
Committee: AFET
Amendment 92 #

2023/2042(INI)

Motion for a resolution
Subheading 1 a (new)
Foreign and security policy
2023/05/17
Committee: AFET
Amendment 94 #

2023/2042(INI)

Motion for a resolution
Paragraph 1
1. Highlights the EU’s strong interest in cooperating with Switzerland on international peace, security and defence matters, in particular in response to Russia’s war of aggression against Ukraine; welcomes Switzerland’s alignment with EU sanctions adopted in this context, diverging from its traditionally neutral stancethe fact that Switzerland has taken over EU sanctions adopted in this context;
2023/05/17
Committee: AFET
Amendment 106 #

2023/2042(INI)

Motion for a resolution
Paragraph 2
2. Welcomes Switzerland’s close stance with the EU’s common foreign and security policy; welcomes, further, Switzerland’s announcement in November 2021 that it wcould participate in the Permanent Structured Cooperation (PESCO);
2023/05/17
Committee: AFET
Amendment 115 #

2023/2042(INI)

Motion for a resolution
Paragraph 3
3. WUnderlines the important contribution of Member States to the security of Switzerland, due to its geographical position; welcomes the fact that Switzerland is seeking closer cooperation with the EU and NATO in the field of defence, joining the strengthening of the European pillar of NATO; welcomes, in this regard, Switzerland’s involvement in the Partnership for Peace programme; urginvites Switzerland to deepen its cooperation with the EU on food security and defence;
2023/05/17
Committee: AFET
Amendment 124 #

2023/2042(INI)

Motion for a resolution
Paragraph 4
4. Notes that Switzerland’s alignment withpplication of EU sanctions against Russia is on a case-by- case basis; encourages Switzerland to closely and consistently apply restrictive measureall sanctions and to prevent their circumvention; encourages Switzerland to step up the seizure and, confiscation and freezing of Russian assets subject to sanctions, including reserves of the Russian central bank, held by Switzerland;
2023/05/17
Committee: AFET
Amendment 129 #

2023/2042(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Strongly regrets that the Swiss Federal Council has not done its utmost to lift the ban on re-exports of ammunition or war materials produced in Switzerland from Member States to Ukraine;
2023/05/17
Committee: AFET
Amendment 132 #

2023/2042(INI)

Motion for a resolution
Subheading 2
Society and geopoliticsdeleted
2023/05/17
Committee: AFET
Amendment 135 #

2023/2042(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the political statement following the conference of cantons of 24 March 2023 advocating treaty-based relations with the EU based on shared values; welcomes, further, Switzerland’s participation in the informal summits of the European Political Community;deleted
2023/05/17
Committee: AFET
Amendment 138 #

2023/2042(INI)

Motion for a resolution
Paragraph 6
6. RecognisesUnderlines the EU-Switzerland cooperation on international migration, including the management of flows and relocation of refugees; notes the large number of cross-border commuters between the EU andinvites Switzerland to strengthen its exchanges with the European Union Agency for Asylum and the European Agency for the Management of Operational Cooperation at the External Borders, which are directly involved in better management of international migration to and from Switzerland;
2023/05/17
Committee: AFET
Amendment 144 #

2023/2042(INI)

Motion for a resolution
Paragraph 7
7. Regrets that Switzerland does not qualifyyet participate to join the EU Civil Protection Mechanism; calls on a future partnership with Switzerland within this frameworkrapid participation of Switzerland to this Mechanism;
2023/05/17
Committee: AFET
Amendment 147 #

2023/2042(INI)

Motion for a resolution
Subheading 3
Economy and labourInternal market
2023/05/17
Committee: AFET
Amendment 162 #

2023/2042(INI)

Motion for a resolution
Paragraph 9
9. Is concerned about Switzerland’s inconsistent implementation of certain agreements with the Union and its subsequent adoption of legislative measures and practices that are incompatible with those agreements, in particular with the Agreement on the free movement of persons;
2023/05/17
Committee: AFET
Amendment 173 #

2023/2042(INI)

Motion for a resolution
Paragraph 10
10. Notes that a large number of bilateral agreements between the EU and Switzerland need to be revisited in order to prevent their expiry, in particular those on enhanced access to the Swiss market for EUnd reciprocal access to the economic operatormarkets, in particular in the agriculture, food and services sectormedical goods, machines, agriculture, personal data protection, land and air transportation fields;
2023/05/17
Committee: AFET
Amendment 177 #

2023/2042(INI)

Motion for a resolution
Paragraph 11
11. Notes that an effective dispute settlement mechanism is fundamental, as is a solution on institutional matters, such as cohesion policy; stresses that a common jurisdiction between the EU and Switzerland is a prerequisite for a common market; recalls that a single interpretation of EU law is a prerequisite for access to the common market; recalls that this single interpretation of EU law is to be determined by the Court of Justice of the European Union, and that it does not concern the interpretation of Swiss law;
2023/05/17
Committee: AFET
Amendment 182 #

2023/2042(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Welcomes the release of a second Swiss contribution to certain EU Member States, in particular to ensure cohesion between states; recalls that this contribution is a counterpart to access the European single market; notes, however, that this Swiss contribution is unique, while other countries such as Norway, Iceland and Liechtenstein have accepted a regular and planned contribution; calls on Switzerland to propose regular contributions in the future;
2023/05/17
Committee: AFET
Amendment 184 #

2023/2042(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Underlines the importance of a fair competition for companies between the EU and Switzerland; Highlights the importance of a common framework regime for state aid, that applies to all types of sectors; Recalls that a common framework will facilitate the coordinated investments in strategic sectors between the EU and Switzerland;
2023/05/17
Committee: AFET
Amendment 185 #

2023/2042(INI)

Motion for a resolution
Subheading 3 b (new)
Free movement of persons
2023/05/17
Committee: AFET
Amendment 186 #

2023/2042(INI)

Motion for a resolution
Paragraph 11 c (new)
11c. Recalls that the freedom of movement of persons is a fundamental principle of the European single market and is inseparable from the other freedoms of movement;
2023/05/17
Committee: AFET
Amendment 187 #

2023/2042(INI)

Motion for a resolution
Paragraph 11 d (new)
11d. Highlights the large number of cross-border commuters between the EU and Switzerland and the large number of EU citizens and Swiss nationals who live and work in Switzerland or the EU respectively;
2023/05/17
Committee: AFET
Amendment 188 #

2023/2042(INI)

Motion for a resolution
Paragraph 11 e (new)
11e. Notes with concern Swiss legislative measures and practices that are incompatible with the agreement on the free movement of persons, in particular with regard to expulsions and Swiss accompanying measures for posted workers;
2023/05/17
Committee: AFET
Amendment 189 #

2023/2042(INI)

Motion for a resolution
Paragraph 11 f (new)
11f. Insists on the arrival in recent years of new European legislation for social rights and workers; stresses that this participates in the development of a real "social Europe", which is not limited to an economic market; highlights the recent revision in 2018 of Directive (EU) 2018/957, which provides for the principle of equal pay from the first day of posting with local workers;
2023/05/17
Committee: AFET
Amendment 195 #

2023/2042(INI)

12. Urges Switzerland to apply the relevant EU acquis where required and to comply with its obligations under the 1999 Agreement on the Free Movement of Persons, in particular on posted workers and to adapt flanking measures applicable to EU economic operators providing services in its territory; notes Switzerland’s concerns in this regard and points out that former EU candidate countries had similar concerns and that they have not materialised;
2023/05/17
Committee: AFET
Amendment 196 #

2023/2042(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Stresses the need for Switzerland to dynamically adopt Union law, in areas where both parties cooperate, in order to provide the legal certainty and coherence necessary for businesses and citizens; recalls that the Union is no longer asking for the automatic adoption of Union law by Switzerland, as is the case for the Member States;
2023/05/17
Committee: AFET
Amendment 199 #

2023/2042(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Recalls that this freedom of movement of persons is framed and associated with appropriate measures for external border control, asylum, immigration and crime prevention; stresses that settlement in another EU country is not without limits, and does not allow for "social tourism"; calls on Switzerland to fully take on board the Directive on the rights of EU citizens (2004/38/EC), which will benefit Swiss and EU citizens;
2023/05/17
Committee: AFET
Amendment 206 #
2023/05/17
Committee: AFET
Amendment 214 #

2023/2042(INI)

Motion for a resolution
Paragraph 13
13. Notes with concern that Switzerland did not sufficiently support the EU’s push to remove fossil fuel protections from the Energy Charter Treaty (ECT); invites Switzerland to consider withdrawing this treaty, following the example of several EU Member States;
2023/05/17
Committee: AFET
Amendment 217 #

2023/2042(INI)

Motion for a resolution
Paragraph 14
14. Stresses that grid stability and the security of supply and transit depend on close cooperation between the EU and Switzerland; notes the interconnection of Swiss, German and, French and Austrian power grids; remains concerned that excluding Switzerland’s energy industry poses systemic risks for the whole of continental Europe’s synchronous grid; stresses that more effective cooperation in the management of the continental European synchronous zone would be desirable, but that this would require a strengthening of the regulatory framework for cooperation;
2023/05/17
Committee: AFET
Amendment 219 #

2023/2042(INI)

Motion for a resolution
Paragraph 15
15. Stresses that solutionsCalls for the conclusion of new agreements on energy between the EU and Switzerland, in particular for crfoss- borderil-free electricity trading must be found in order to allow continued and closeand clean gases, within the framework of a Cooperation Pact; stresses the importance that any new agreement on electricity or gas should also include the relevant acquis communautaire in relation to the European Green Deal, but also provisions for cooperation between the EU and Switzerlandss energy regulators;
2023/05/17
Committee: AFET
Amendment 226 #

2023/2042(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Recalls that the EU and Switzerland are each other committed towards reaching climate neutrality in 2050; stresses that since 2019 the EU has begun to revise a great deal of legislation to bring it into line with its climate objectives, in particular in the context of the European Green Deal;
2023/05/17
Committee: AFET
Amendment 228 #

2023/2042(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Stresses the potential for further cooperation in the climate and environmental field, and a better alignment of legislation between the EU and Switzerland; invites Switzerland to take over legislation related to environmental protection in the framework of the Cooperation Agreement, in particular the Border Carbon Adjustment Mechanism, the overhaul of the Emissions Trading Scheme, energy efficiency, the development of renewables, the infrastructure for alternative fuels, the ecodesign of products, the protection of water and soils, or the rules on land use and forestry;
2023/05/17
Committee: AFET
Amendment 230 #

2023/2042(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Stresses that, like the EU, Switzerland is dependent on imports of industrial products, but also of critical raw materials; points out that the strategic autonomy sought by the EU also serves the interests of Switzerland, because of the intensity of economic exchanges between the parties; is of the opinion that Switzerland and the EU would have a common interest in better coordinating their industrial policies in order to be more complementary in strategic industrial areas;
2023/05/17
Committee: AFET
Amendment 231 #

2023/2042(INI)

Motion for a resolution
Subheading 5
Research and developmentIndustrial policy and innovation
2023/05/17
Committee: AFET
Amendment 237 #

2023/2042(INI)

Motion for a resolution
Paragraph 18
18. Calls on the European Commission and the Swiss Federal Council to do their utmost to ensure Switzerland’s return to Horizon Europe; calls on the Swiss Federal Council to adopt a negotiating mandstart discussions on the first day of negotiations of the Cooperation Pact for an agreement on Swiss participation in Horizon Europe and Erasmus+, in exchange for a Swiss commitment to a regular and appropriate con key structural issues, giving a clear political signal to the EUtribution to the European cohesion policy;
2023/05/17
Committee: AFET
Amendment 245 #

2023/2042(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Underlines the good cooperation between the Union and Switzerland in the space field, in particular with its participation in the European satellite navigation program Galileo and EGNOS;
2023/05/17
Committee: AFET
Amendment 246 #

2023/2042(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Calls for deepening this space cooperation, by working to study a participation of Switzerland in the Earth observation program Copernicus, as well as in the satellite telecommunications program IRIS², within the framework of a Cooperation Pact; recalls that Switzerland already benefits from the open access data of Copernicus, and that it could benefit even more, in particular to facilitate the participation of Swiss companies, access to the data and services of these programs;
2023/05/17
Committee: AFET
Amendment 247 #

2023/2042(INI)

Motion for a resolution
Paragraph 18 c (new)
18c. Stresses that, in a field where a growing number of European space programs are established within the institutional and financial framework of the Union, the erosion of cooperation between the Union and Switzerland risks disjoining in the long run the industrial ecosystems built by Swiss companies and institutions and their European counterparts;
2023/05/17
Committee: AFET
Amendment 248 #

2023/2042(INI)

Motion for a resolution
Subheading 6
Institutional framework and cooperationdeleted
2023/05/17
Committee: AFET
Amendment 249 #

2023/2042(INI)

Motion for a resolution
Paragraph 19
19. Regrets the Swiss Federal Council’s decision to terminate the negotiations on the EU-Swiss Institutional Framework in May 2021; regrets any narratives that the EU works against Swiss interests; stresses that a second failure in negotiating an agreement on EU-Swiss relations would be damaging for both the EU and Switzerland and risks weakening their political role;deleted
2023/05/17
Committee: AFET
Amendment 254 #

2023/2042(INI)

Motion for a resolution
Paragraph 20
20. Stresses that it is in the fundamental interest of both sides to maintain good, stable and mutually beneficial relations under a modernised relationship and through an agreement that creates stability and welfare;deleted
2023/05/17
Committee: AFET
Amendment 259 #

2023/2042(INI)

Motion for a resolution
Paragraph 21
21. Is concerned that basic bilateral agreements are reaching the end of their validity; notes that the model based on bilateral agreements instead of a broad framework agreement is outdated; remains concerned about the end of the application of the Mutual Recognition Agreement for Medical Devices, which means medical devices are no longer recognised in the regulated area in the EU;deleted
2023/05/17
Committee: AFET
Amendment 265 #

2023/2042(INI)

Motion for a resolution
Paragraph 22
22. Welcomes the Swiss Federal Council’s decision to set out its approach for negotiations and that it commissioned the development of key figures for a negotiation mandate with the EU by the end of June 2023;deleted
2023/05/17
Committee: AFET
Amendment 271 #

2023/2042(INI)

Motion for a resolution
Paragraph 23
23. Expects the progress in exploratory talks between the Commission and the Swiss Federal Council to be stepped up with a view to obtaining the clarifications and assurances required to adopt a mandate for negotiations; calls on both sides to use this window of opportunity for talks on a possible new negotiation package and to reach an agreement before the end of the term of the current European Commission and European Parliament;deleted
2023/05/17
Committee: AFET
Amendment 202 #

2023/0077(COD)

Proposal for a regulation
Recital 6
(6) A well-integrated market which builds on the Clean Energy for all Europeans Package adopted in 2018 and 201926 should allow the Union to reap the economic benefits of a single energy market in normal market circumstances, ensuring security of supply and sustaining the decarbonisation process. Cross-border interconnectivity also ensures safer, more reliable and efficient operation of the power system. To this end, the Commission should consider how to improve monitoring and enforcement of the 2019 Electricity Market Regulations, including the obligation to make 70% of interconnector capacity available for cross-border trade. Furthermore, the Commission should consider to increase the 70% obligation, and limit possible derogations, to make the electricity market fit for an energy system primarily based on renewable energy, which merits a need for better interconnection to sustain a high security of supply. _________________ 26 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, OJ L 328, 21.12.2018, p. 1; Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast), OJ L 328, 21.12.2018, p. 82; Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency, OJ L 328, 21.12.2018, p. 210; Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast), OJ L 158, 14.6.2019, p. 22; Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast), OJ L 158, 14.6.2019, p. 54; Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity (recast), OJ L 158, 14.6.2019, p. 125.
2023/05/25
Committee: ITRE
Amendment 226 #

2023/0077(COD)

Proposal for a regulation
Recital 16
(16) To ensure the efficient integration of electricity generated from variable renewable energy sources and to reduce the need for fossil-fuel based electricity generation in times when there is high demand for electricity combined with low levels of electricity generation from variable renewable energy sources, it should be possible for transmission system operators to design a peak shaving product enabling demand response to contribute to decreasing peaks of consumption in the electricity system at specific hours of the day. The peak shaving product should contribute to maximize the integration of electricity produced from renewable sources into the system by shifting the electricity consumption to moments of the day with higher renewable electricity generation. As the peak shaving product aims to reduce and shift the electricity consumption, the scope of this product should be limited to demand side response. The procurement of the peak shaving product should take place in such a way that it does not overlap with the activation of balancing products which aim at maintaining the frequency of the electricity system stable. In order to verify volumes of activated demand reduction, the transmission system operator should use a baseline reflecting the expected electricity consumption without the activation of the peak shaving product.deleted
2023/05/25
Committee: ITRE
Amendment 231 #

2023/0077(COD)

Proposal for a regulation
Recital 17
(17) In order to be able to actively participate in the electricity markets and to provide their flexibility, consumers are progressively equipped with smart metering systems. However, iConsumers shall also have the right to receive a dedicated metering device so that they can engage with their flexible loads in demand response, independently from being already equipped with a smart metering system. In a number of Member States the roll-out of smart metering systems is still slow. In those instances where smart metering systems are not yet installed and in instances where smart metering systems do not provide for the sufficient level of data granularity, transmission and distribution system operators should be able to use data from dedicated metering devices for the observability and settlement of flexibility services such as demand response and energy storage. Enabling the use of data from dedicated metering devices for observability and settlement should facilitate the active participation of the consumers in the market and the development of their demand response. The use of data from these dedicated metering devices should be accompanied by quality requirements relating to the data.
2023/05/25
Committee: ITRE
Amendment 255 #

2023/0077(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) Network tariff structures must be designed in a way that guarantees that the economic regulation of grid operators is dependable, stable and with sufficient economic return (WACC) that ensures enough investments and sector investability. Any provisions in the existing national regulatory regimes in the tariff design that hamper the necessary network expansion and digitalization must be removed.
2023/05/25
Committee: ITRE
Amendment 263 #

2023/0077(COD)

Proposal for a regulation
Recital 26
(26) To reach the Union’s decarbonisation targets and the objectives set out in REPowerEU to become more energy independent, the Union needs to accelerate the deployment of renewables at a much faster pace. In view of the investment needs required to achieve these goals, the market should ensure that a long- term price signal is established. The benefit of renewables and flexibility from consumers can be harvested only to the extent the grid deployment keeps up with more anticipatory and least regret investments. All obstacles to the necessary and efficient growth of the infrastructure that might be existing in the national regulatory regimes today must be abolished.
2023/05/25
Committee: ITRE
Amendment 265 #

2023/0077(COD)

Proposal for a regulation
Recital 27
(27) In this framework, Member States should strive to create the right market conditions for long-term market-based instruments, such as power purchase agreements (‘PPAs’). PPAs are bilateral purchase agreements between producers and buyers of electricity. They provide long-term price stability for the customer and the necessary certainty for the producer to take the investment decision. Nevertheless, only a handful of Member States have active PPA markets and buyers are typically limited to large companies, not least because PPAs face a set of barriers, in particular the difficulty to cover the risk of payment default from the buyer in these long-term agreements. Member States should take into consideration the need to create a dynamic PPA market when setting the policies to achieve the energy decarbonisation objectives set out in their integrated national energy and climate plans. Regulatory unpredictability, instability and retroactivity would undermine the ability of PPAs to contribute to the clean energy transition and energy independence.
2023/05/25
Committee: ITRE
Amendment 268 #

2023/0077(COD)

Proposal for a regulation
Recital 28
(28) According to Article 15(8) of Directive (EU) 2018/2001 of the European Parliament and of the Council, Member States are to assess the regulatory and administrative barriers to long-term renewables PPAs, and shall remove unjustified barriers to, and promote the uptake of, such agreements. In addition, Member States are to describe policies and measures facilitating the uptake of renewables PPAs in their integrated national energy and climate plans. Without prejudice to that obligation to report on the regulatory context affecting the PPA market, Member States shouldmay ensure that instruments to reduce the financial risks associated to the buyer defaulting on its long-term payment obligations in the framework of PPAs are accessible to companies that face entry barriers to the PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU. Member States could decide to set up a guarantee scheme at market prices. Alternatively, Member States may put in place such instruments to make hedging products in the forward market accessible to customers that face entry barriers to the forward market. Member States should include provisions to avoid lowering the liquidity in the electricity markets, in particular the forward market, such as by using financial PPAs. Member States should not provide support to PPAs that purchase generation from fossil fuels. While the default approach should be non- discrimination between consumers, Member States could decide to target these instruments to specific categories of consumers, applying objective and non- discriminatory criteria. In this framework, Member States should take into account the potential role of instruments provided at Union level, for instance by the European Investment Bank (‘EIB’).
2023/05/25
Committee: ITRE
Amendment 277 #

2023/0077(COD)

Proposal for a regulation
Recital 30
(30) Where Member States decide to support publicly financed new investments (“direct price support schemes”) in low carbon, non-fossil fuel electricity generation to achieve the Union’s decarbonisation objectives, those schemes should be structured by way of two-way contracts for difference, or other similar arrangements, such as to include, in addition to a revenue guarantee, an upward limitation of the market revenues of the generation assets concerned. Such schemes shall be allocated through a voluntary, competitive, open, transparent, non- discriminatory, and cost- effective procedure, in accordance with State Aid Rules, preventing undue distortions to the efficient functioning of electricity markets. New investments for the generation of electricity should include investments in new power generating facilities, investments aimed at repowering existing power generating facilities, investments aimed at extending existing power generating facilities or at prolonging their lifetime.
2023/05/25
Committee: ITRE
Amendment 291 #

2023/0077(COD)

Proposal for a regulation
Recital 35
(35) Furthermore, Member States should ensure that the direct price support schemes, irrespective of their form, do not undermine the efficient, competitive and liquid functioning of the electricity markets, preserving the incentives of producers to react to market signals, including stop generating when electricity prices are below their operational costs, and of final customers to reduce consumption when electricity prices are high. Member States should ensure that support schemes do not hamper forward market liquidity and retail competition, as well as constitute a barrier for the development of commercial contracts such as PPAs.
2023/05/25
Committee: ITRE
Amendment 298 #

2023/0077(COD)

(37a) Member States shall take into account the double role (generator- consumer) of energy storage when defining the applicable regulatory framework and procedures, in particular when implementing the Union legislation concerning the electricity market, in order to remove existing barriers. This includes preventing double taxation and facilitating permit-granting procedures. National regulatory authorities shall also consider such a role when establishing network charges and tariff schemes, in compliance with Union legislation.
2023/05/25
Committee: ITRE
Amendment 331 #

2023/0077(COD)

Proposal for a regulation
Recital 44
(44) Consumers should have access to a wide range of offers so that they can choose a contract according to their needs. However, suppliers have reduced their offers, fixed-price contracts have become scarce, and the choice of offers has become limited. Consumers should always have the possibility to opt for an afford reasonable fixed price and fixed term contract to ensure a stable price over a given period and suppliers should not unilaterally modify the terms and conditions before such contract expires.
2023/05/25
Committee: ITRE
Amendment 335 #

2023/0077(COD)

Proposal for a regulation
Recital 46
(46) Consumers should be able to choose the supplier which offers them the price and service which best suits their needs. Advances in metering and sub- metering technology combined with information and communication technology mean that it is now technically possible to have multiple suppliers for a single premises. Consumers should be entitled to request additional meters for this purpose, while bearing the associated costs for their installation or, where applicable, upgrade, under fair, reasonable and cost-effective conditions. If they so wish, customers should be able to use these possibilities to choose a separate supplier notably for electricity to power appliances such as heat pumps or electric vehicles which have a particularly high consumption or which also have the capability to shift their electricity consumption automatically in response to price signals. Moreover, with fast- responding dedicated metering devices which are attached to or embedded in appliances with flexible, controllable loads, final customers can participate in other incentive-based demand response schemes that provide flexibility services on the electricity market and to transmission and distribution system operators. Overall, such arrangements should contribute to the increased uptake of demand response and to consumer empowerment allowing them to have more control over their energy use and bills, while providing to the electricity system additional flexibility in order to cope with demand and supply fluctuations.
2023/05/25
Committee: ITRE
Amendment 381 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 72
(72) ‘peak hour’ means an hour with the highest electricity consumption combined with a low level of electricity generated from renewable energy sources, taking cross-zonal exchanges into account;deleted
2023/05/25
Committee: ITRE
Amendment 385 #

2023/0077(COD)

(73) ‘peak shaving’ means the ability of market participants to reduce electricity consumption at peak hours determined by the transmission system operator;deleted
2023/05/25
Committee: ITRE
Amendment 390 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 74
(74) ‘peak shaving product’ means a market-based product through which market participants can provide peak shaving to the transmission system operators;deleted
2023/05/25
Committee: ITRE
Amendment 404 #

2023/0077(COD)

(77) ‘power purchase agreement’ or ‘PPA’ means a contract under which a natural or legal person agrees to purchase electricity from an electricity producer on a market basis;
2023/05/25
Committee: ITRE
Amendment 413 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80
(80) ‘flexibility’ means the ability of an electricity system to adjust to the variability ofthe interconnected system to manage with all its connected resources the variability and uncertaintly of electricity generation and consumption patterns and grid availability, across relevant market timeframes.;
2023/05/25
Committee: ITRE
Amendment 414 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80a (new)
(80a) "flexible connection": This is a connection mode whereby the flexible installation connected to a grid point or area may make use of the access capacity not used at any time by the electricity generation installations and by demand, if any. Any installation may make use of this flexible connection until the installed capacity with flexible connection equals the maximum capacity of the grid point or grid area.
2023/05/25
Committee: ITRE
Amendment 416 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80a (new)
(80a) ‘power control system (PCS)’ means systems or devices, such as electric energy management systems, smart inverters or hybrid inverters for storage and V2X, which electronically limit or control the steady state AC currents, DC currents or AC power at a reference point to a programmable limit or level;
2023/05/25
Committee: ITRE
Amendment 425 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80d (new)
(80d) ‘distributed energy resource system’ means distributed renewable generation resources, including energy storage.
2023/05/25
Committee: ITRE
Amendment 438 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7adeleted
2023/05/25
Committee: ITRE
Amendment 441 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Peak shaving productdeleted
2023/05/25
Committee: ITRE
Amendment 446 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 1
1. Without prejudice to Article 40(5) and 40(6) of the Electricity Directive, transmission system operators may procure peak shaving products in order to achieve a reduction of electricity demand during peak hours.deleted
2023/05/25
Committee: ITRE
Amendment 459 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
2. Transmission system operators seeking to procure a peak shaving product shall submit a proposal setting out the dimensioning and conditions for the procurement of the peak shaving product to the regulatory authority of the Member State concerned. The proposal of the transmission system operator shall comply with the following requirements: (a) the dimensioning of the peak shaving product shall be based on an analysis of the need for an additional service to ensure security of supply. The analysis shall take into account a reliability standard or objective and transparent grid stability criteria approved by the regulatory authority. The dimensioning shall take into account the forecast of demand, the forecast of electricity generated from renewable energy sources and the forecast of other sources of flexibility in the system. The dimensioning of the peak shaving product shall be limited to ensure that the expected benefits of the product do not exceed the forecasted costs; (b) the procurement of a peak shaving product shall be based on objective, transparent, non-discriminatory criteria and be limited to demand response; (c) the procurement of the peak shaving product shall take place using a competitive bidding process, with selection based on the lowest cost of meeting pre- defined technical and environmental criteria; (d) contracts for a peak shaving product shall not be concluded more than two days before its activation and the contracting period shall be no longer than one day; (e) the activation of the peak shaving product shall not reduce cross-zonal capacity; (f) the activation of the peak shaving product shall take place after the closure of the day-ahead market and before the start of the balancing market; (g) the peak shaving product shall not imply starting generation located behind the metering point.deleted
2023/05/25
Committee: ITRE
Amendment 488 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 3
3. The actual reduction of consumption resulting from the activation of a peak shaving product shall be measured against a baseline, reflecting the expected electricity consumption without the activation of the peak shaving product. Transmission system operators shall develop a baseline methodology in consultation with market participants and submit it to the regulatory authority.deleted
2023/05/25
Committee: ITRE
Amendment 491 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
4. Regulatory authorities shall approve the proposal of the transmission system operators seeking to procure a peak shaving product and the baseline methodology submitted in accordance with paragraphs 2 and 3 or shall request the transmission system operators to amend the proposal where it does not meet the requirements set out in these paragraphs.deleted
2023/05/25
Committee: ITRE
Amendment 509 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 2
2. Member States shall establish uniform fit-for-purpose requirements for a dedicated metering device data validation process to check and ensure the quality of the respective data.;consistency and interoperability of the respective data all harmonised under the network code for demand response. National regulatory authorities shall identify the costs for the roll-out of dedicated metering devices to define thresholds for the fees for the roll-out of these devices allocated to consumers. These requirements must be in line with the following set of principles: a) Any dedicated metering device that is used for other purposes than information or transparency, must meet technical requirements and be certified as stated in the EU Measurement Instruments Directive (2014/32/EU); b) Data from dedicated metering devices must be available to the system operator in the appropriate timing and must be integrated into the prevailing market communication architecture; c) If flexibility interventions are planned by the usage of such dedicated metering devices, system operators must be informed to ensure system stability.
2023/05/25
Committee: ITRE
Amendment 535 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2019/943
Article 8, paragraph 3
NEMOs shall provide products for trading NEMOs shall provide products for trading in day-ahead and intraday markets which in day-ahead and intraday markets which are sufficiently small in size, with are sufficiently small in size, with minimum bid sizes of 100kW or less, to minimum bid sizes of 100kW or less, to allow for the effective participation of allow for the effective participation of demand-side response, energy storage and demand response, energy storage and small-scale renewables including direct small-scale renewables including direct participation by customers. participation by customers.
2023/05/25
Committee: ITRE
Amendment 596 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
Article 18, paragraph 2b
2a. Tariff methodologies shall not allow for double network charges and taxation.
2023/05/25
Committee: ITRE
Amendment 600 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2019/943
Article 18, paragraph 8
8. Transmission and distribution tariff methodologies shall provide incentives to transmission and distribution system operators for the most cost-efficient operation and development of their networks including through the procurement of services. For that purpose, regulatory authorities shall recognise relevant costs as eligible, including those related to anticipatory investments, shall include those costs in transmission and distribution tariffs, and shall introduce performance targets in order to provide incentives to transmission and distribution system operators to increase efficiencies in their networks, including through energy efficiency, the use of flexibility services and the development of smart grids and intelligent metering systems.
2023/05/25
Committee: ITRE
Amendment 603 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d Regulation (EU) 2019/943
(i) incentives for efficient investments in networks, including on flexibilityle resources and flexible connection agreements.
2023/05/25
Committee: ITRE
Amendment 628 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Chapter IIIa, Article 19a, paragraph 1
1. Member States shall facilitaremove barriers for all consumers to enter power purchase agreements (‘PPAs’) with a view to reaching the objectives set out in their integrated national energy and climate plan with respect to the dimension decarbonisation referred to in point (a) of Article 4 of Regulation (EU) 2018/1999, while preserving competitive and liquid electricity markets.
2023/05/25
Committee: ITRE
Amendment 890 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Indicative national objective for demand side response and storageUnion flexibility targets for 2030
2023/05/25
Committee: ITRE
Amendment 895 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d – introductory part
In Article 19d, before the first paragraph, the following paragraph is inserted: The European Commission shall ensure that Member States collectively reach an installed capacity of 200GW of energy storage by 2030, to support the renewable energy target established in Article 3 of Directive (EU) 2018/2001.
2023/05/25
Committee: ITRE
Amendment 903 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Based on the report of the regulatory authority pursuant to Article 19c(1), each Member State shall define an indicative national objective for demand side response and storageall non-fossil flexibility sources which considers the most cost-efficient solutions, all time frames (hourly, daily, and seasonal), and the availability of cross-border capacity. Thisese indicative national objectives shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999.
2023/05/25
Committee: ITRE
Amendment 904 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d – first paragraph
Based on the report of the regulatory authority pursuant to Article 19c(1), each Member State shall define an indicative national objectives for demand side response and storage. Thisese indicative national objectives shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999, outlining how the energy storage objective aims at reaching the EU mandatory target pursuant to paragraph 1 of this Article.
2023/05/25
Committee: ITRE
Amendment 911 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
After the first paragraph, the following paragraph is added: If, on the basis of the assessment of the draft integrated national energy and climate plans submitted pursuant to Article 9 of Regulation (EU) 2018/1999, the Commission concludes that the national contributions of the Member States are insufficient for the collective achievement of the binding overall Union target, it shall follow the procedure laid down in Articles 9 and 31 of that Regulation.
2023/05/25
Committee: ITRE
Amendment 912 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 1
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider the promotion ofpromote the participation of non-fossil flexibilityle resources such as demand side response and storage by introducing additional criteria or features in the design of the capacity mechanism, including contracts of at least fifteen years for newly built capacity; Participation in other markets shall also be allowed while receiving capacity payments, with safeguards to guarantee the capacity is provided in times of need. Member States that already introduced flexibility support schemes on [entry into force] shall adapt their mechanisms to comply with Article 19(f) without prejudice to commitments or contracts concluded by 31 December 2025.
2023/05/25
Committee: ITRE
Amendment 938 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 2
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibilityle resources such as demand response and storage in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with19d, Member States may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibilityle resources such as demand side response and storage.
2023/05/25
Committee: ITRE
Amendment 950 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 3
3. Member States which do not apply a capacity mechanism may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibilityle resources such as demand side response and storage.
2023/05/25
Committee: ITRE
Amendment 963 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f
Flexibility support scheme for non-fossil flexibilityle resources such as demand response and storage applied by Member States in accordance with Article 19e(2) and (3) shall:
2023/05/25
Committee: ITRE
Amendment 978 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – point (b)
(b) be limited to new investments in non-fossil flexibilityle resources such as demand side response and storage;
2023/05/25
Committee: ITRE
Amendment 1048 #

2023/0077(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Directive (EU) 2019/944
Article 2 – point 23
(8a) (23) ‘smart metering system’ means an electronic system that is capable of measuring electricity fed into the grid or electricity consumed from the grid within a time interval no longer than the imbalance settlement period, providing more information than a conventional meter, and that is capable of transmitting and receiving data for information, monitoring and control purposes, using a form of electronic communication;
2023/05/25
Committee: ITRE
Amendment 1050 #

2023/0077(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Directive (EU) 2019/944
Article 2 – point 49
(49) 'non-frequency ancillary service' means a service used by a transmission system operator or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, black start capability, island operation capability and peak shaving;”
2023/05/25
Committee: ITRE
Amendment 1051 #

2023/0077(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Article 2 – paragraph 15 a
(15a) ‘fixed term, fixed price electricity supply contract’ means an electricity supply contract between a supplier and a final customer that guarantees the same contractual conditions, including the price, while it may, within a fixed price, include a flexible element with for example for the duration of the contract, including the price, which may include different pre-determined prices for different pre-defined time frames, such as peak and off -peak price variation, weekday/weekend, or seasonal variations, and where changes in the final bill can only result from elements that are not determined by suppliers, such as taxes and levies;
2023/05/25
Committee: ITRE
Amendment 1099 #

2023/0077(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c
Directive (EU) 2019/944
Article 11 – paragraph 1 a
1a. Prior to the conclusion or extension of any contract, final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at least information on total price, promotions, additional services, discounts contract duration and conditions for termination, including notice period and fees and penalties where relevant; whether the price is fixed or variable, indexed to wholesale prices; one-time payments where relevant, including activation fees and costs for the connection to the network (if applicable); payment frequency and method options; supplier’s contact details such as customer service’s address, telephone number and email, including, where relevant, identification of any intermediary; and include the rights referred to in points (a), (b), (d), (e) and (f) of Article 10(3). The Commission shall provide guidance in this regard.
2023/05/25
Committee: ITRE
Amendment 97 #

2023/0076(COD)

Draft legislative resolution
Citation 2
having regard to Article 294(2), Article 194(2) and Article 194(2)14 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9 0050/2023),
2023/05/25
Committee: ITRE
Amendment 98 #

2023/0076(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) and Article 114 thereof,
2023/05/25
Committee: ITRE
Amendment 114 #

2023/0076(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) Where information is not, or no longer, sensitive from a commercial viewpoint, the Agency should be able to make its commercially non-sensitive trade database available for scientific purposes, subject to confidentiality requirements, with a view to contributing to enhanced market knowledge. This will help build confidence in the market and foster the development of knowledge about the functioning of wholesale energy markets. The Agency should establish and make publicly available rules on how it will make the information available for scientific and for transparency purposes in a fair and transparent manner.”
2023/05/25
Committee: ITRE
Amendment 126 #

2023/0076(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) The reporting obligations on market participants should be minimised by collecting the required information or parts thereof from existing sources where possible. Market participants are not able to record and report organised market place data with ease, therefore organised market place data should be made available to the Agency by the relevant organised market places or by third parties acting on their behalf.
2023/05/25
Committee: ITRE
Amendment 136 #

2023/0076(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) It is essential that compliance with the rules on market abuse be strengthened by the availability of criminal sanctions, which demonstrate a stronger form of social disapproval compared to administrative penalties. Establishing criminal offences for at least serious forms of market abuse sets clear boundaries for types of behaviour that are considered to be particularly unacceptable and sends a message to the public and to potential offenders that competent authorities take such behaviour very seriously.
2023/05/25
Committee: ITRE
Amendment 138 #

2023/0076(COD)

Proposal for a regulation
Recital 18 b (new)
(18b) Not all Member States have provided for criminal sanctions for some forms of serious breaches of national law implementing Regulation (EU) 1227/2011. Different approaches by Member States undermine the uniformity of conditions of operation in the internal market and may provide an incentive for persons to carry out market abuse in Member States which do not provide for criminal sanctions for those offences. In addition, there has, to date, been no Union-wide understanding of conduct that is considered to constitute a serious breach of the rules on market abuse. Therefore, minimum rules should be established with regard to the definition of criminal offences committed by natural persons, liability of legal persons and the relevant sanctions. Common minimum rules would also make it possible to use more effective methods of investigation and enable more effective cooperation within and between Member States. The absence of common criminal sanction regimes across the Union creates opportunities for perpetrators of market abuse to take advantage of lighter regimes in some Member States. The imposition of criminal sanctions for market abuse will have an increased deterrent effect on potential offenders.
2023/05/25
Committee: ITRE
Amendment 139 #

2023/0076(COD)

Proposal for a regulation
Recital 18 c (new)
(18c) The introduction by all Member States of criminal sanctions for at least serious market abuse offences is therefore essential to ensure the effective implementation of Union policy on fighting market abuse.
2023/05/25
Committee: ITRE
Amendment 170 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point f
Regulation (EU) No 1227/2011
Article 2 – paragraph 1 point (4), point (a)
(a) contracts for the supply of electricity or natural gas, including LNG market data, where delivery is in the Union or contracts for the supply of electricity or natural gas which may result in delivery in the Union;”;
2023/05/25
Committee: ITRE
Amendment 174 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point g
Regulation (EU) No 1227/2011
Article 2 – paragraph 1, point (7)
(7) ‘market participant’ means any person, including transmission system operators, LNG market participant and persons professionally arranging or executing transactions when trading on their own account, who enters into transactions, including the placing of orders to trade, in one or more wholesale energy markets; ”;
2023/05/25
Committee: ITRE
Amendment 189 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) No 1227/2011
Article 3 – paragraph (–1)
(2a) in Article 3, before Paragraph (1) the following paragraph (-1) is inserted: “(-1) Member States shall take the necessary measures to ensure that insider trading as referred to in Paragraphs 1 to 4 of this article constitutes a criminal offence at least in serious cases and when committed intentionally.”
2023/05/25
Committee: ITRE
Amendment 191 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – introductory part
Regulation (EU) No 1227/2011
Article 4 – paragraph (–1)
(4) Article 4 is amended as follows: (-a) in Article 4, before paragraph 1 the following paragraph (-1) is inserted: “(-1) Member States shall take the necessary measures to ensure that failure to disclose inside information as referred to in paragraphs 1 to 7 constitutes a criminal offence at least in serious cases and when committed intentionally."
2023/05/25
Committee: ITRE
Amendment 205 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1227/2011
Article 4a – paragraph 4a (new)
4a. In Article 4a, the following paragraph 4a is added after paragraph 4: Where the Agency finds that an IIP has committed one of the infringements of requirements provided for in paragraphs 1 to 4 of this article, it shall take one or more of the following actions: (a) adopt a decision requiring the person to bring the infringement to an end; (b) adopt a decision imposing fines with a maximum amount of EUR 200 000 or, in the Member States whose currency is not the euro, the corresponding value in the national currency; (c) issue public notices.
2023/05/25
Committee: ITRE
Amendment 209 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1227/2011
Article 4a – paragraph 6
The Commission shall, by means of implementingdelegated acts, specify by 1 April 2024:
2023/05/25
Committee: ITRE
Amendment 212 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1227/2011
Article 4a – paragraph 6, point (c)
(c) the concrete organisational requirements for the implementation of paragraph 4., and
2023/05/25
Committee: ITRE
Amendment 213 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
(ca) the rules of procedure for the exercise of the supervisory power to impose fines, including provisions on the rights of the defence, temporal provisions, and the collection of fines or periodic penalty payments, and the limitation periods for the imposition and enforcement of fines.”
2023/05/25
Committee: ITRE
Amendment 218 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1227/2011
Article 4a – paragraph 6 a
6a. The Agency shall develop by [one year after entry into force of this Regulation] and operate a platform serving as a sector-specific electronic access point for inside information disclosed in accordance with Article 4(1) of this Regulation.
2023/05/25
Committee: ITRE
Amendment 219 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
(5a) before the first paragraph of Article 5, the following paragraph (-1) is added: (-1) Member States shall take the necessary measures to ensure that market manipulation as referred to in paragraph 1 constitutes a criminal offence at least in serious cases and when committed intentionally.
2023/05/25
Committee: ITRE
Amendment 222 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) No 1227/2011
Article 6a (new)
(6a) New Article 6a is added: "Article 6a Criminal penalties for natural persons 1. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 to 5 are punishable by effective, proportionate and dissuasive criminal penalties in serious cases and when committed intentionally. 2. Member States shall take the necessary measures to ensure that such offences referred to in Articles 3 and 5 are punishable by a maximum term of imprisonment of at least four years. 3. Member States shall take the necessary measures to ensure that such offences referred to in Article 4 is punishable by a maximum term of imprisonment of at least two years.
2023/05/25
Committee: ITRE
Amendment 223 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)
Regulation (EU) No 1227/2011
Article 6b (new)
(6b) New Article 6b is added: Article 6b Liability of legal persons 1. Member States shall take the necessary measures to ensure that legal persons can be held liable for offences referred to in Articles 6a (1) committed for their benefit by any person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person based on: (a) a power of representation of the legal person; (b) an authority to take decisions on behalf of the legal person; or (c) an authority to exercise control within the legal person. 2. Member States shall also take the necessary measures to ensure that legal persons can be held liable where the lack of supervision or control, by a person referred to in paragraph 1, has made possible the commission of an offence referred to in Articles 3 to 5 for the benefit of the legal person by a person under its authority. 3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are involved as perpetrators, inciters or accessories in the offences referred to in Articles 3 to 5.
2023/05/25
Committee: ITRE
Amendment 235 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) No 1227/2011
Article 7c – paragraph 4a
4a. By [1 year following the entry into force of the Regulation], the Commission shall, after consulting the Agency, submit a report to the European Parliament and to the Council reviewing the LNG market participants’ double-reporting of LNG market data for the purposes of the LNG price assessment and benchmark and market monitoring under Regulation (EU) No 1227/2011 (REMIT). Subject to the conclusions of that report, the Commission may adopt an implementing act in accordance with the examination procedure referred to in Article 21(1).
2023/05/25
Committee: ITRE
Amendment 242 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) No 1227/2011
Article 9 – paragraph 1
1. Market participants entering into transactions which are required to be reported to ACER in accordance with Article 8(1) shall register with the national regulatory authority in the Member State in which they are established or resident. Market participants resident or established in a third country shall declare an office , that controls and executes trading activities related to European wholesale energy markets in one of the Member States in which they are active, and register with the national regulatory authority of that Member State.;
2023/05/25
Committee: ITRE
Amendment 250 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) No 1227/2011
Article 9a – paragraph 3a
3a. Where the Agency finds that an RRM has committed one of the infringements of requirements provided for in paragraphs 1 to 3 of this Article, it shall take one or more of the following actions: (a) adopt a decision requiring the person to bring the infringement to an end; (b) adopt a decision imposing fines with a maximum amount of EUR 200 000 or, in the Member States whose currency is not the Euro, the corresponding value in the national currency; (c) issue public notices.
2023/05/25
Committee: ITRE
Amendment 254 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) No 1227/2011
Article 9a – paragraph 5
The Commission shall by means of implementingdelegated acts specify by 1 April 2024:
2023/05/25
Committee: ITRE
Amendment 257 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) No 1227/2011
Article 9a – paragraph 5, point (a)
(a) the means by which an RRM shall comply with the information obligation referred to in paragraph 1; and
2023/05/25
Committee: ITRE
Amendment 258 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) No 1227/2011
Article 9a – paragraph 5, point (b)
(b) the concrete organisational requirements for the implementation of paragraphs 2 and 3.; and
2023/05/25
Committee: ITRE
Amendment 259 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) No 1227/2011
Article 9a – paragraph 5, point (b a)
(ba) the rules of procedure for the exercise of the supervisory power to impose fines, including provisions on the rights of the defence, temporal provisions, and the collection of fines or periodic penalty payments, and the limitation periods for the imposition and enforcement of fines.
2023/05/25
Committee: ITRE
Amendment 263 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b
Regulation (EU) No 1227/2011
Article 12 – paragraph 2
2. SThe Agency shall contribute to the establishment of a common Union energy data strategy. It shall develop and maintain a reference centre of information on EU wholesale energy market data. For the purpose of improving market transparency, subject to Article 17, ACER may decide to make publicly available parts of the information which it possesses, provided that commercially sensitive information on individual market participants or individual transactions or individual market places are not disclosed and cannot be inferred. ACER shall not be prevented from publishing information on organised market places, IIPs, RRMs according to applicable data protection laws.”; The Agency may make its commercially non-sensitive trade database available for scientific purposes, subject to confidentiality requirements. Information shall be published or made available in the interest of improving transparency of wholesale energy markets and provided it is not likely to create any distortion in competition in those energy markets. The Agency shall disseminate information in a fair manner according to transparent rules which it shall draw up and make publicly available. The Agency may cooperate in areas of common interest with those supervisory authorities in countries which are not members of the Union and international organisations which can provide data, information and expertise, methodologies of data collection, analysis and assessment which are of mutual interest and which are necessary for the successful completion of the Agency’s work.
2023/05/25
Committee: ITRE
Amendment 267 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a
Regulation (EU) No 1227/2011
Article 13 – paragraph 1
National regulatory authorities shall ensure National regulatory authorities shall ensure that the prohibitions set out in Articles 3 that the prohibitions set out in Articles 3 and 5 and the obligations set out in Articles and 5 and the obligations set out in Articles 4, 8, 9 and 15 are applied. 4, 7c, 8, 9 and 15 are applied.
2023/05/25
Committee: ITRE
Amendment 275 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 1227/2011
Article 13 – paragraph 3
3. In order to fight against breaches of the provisions of this Regulation, to support and complement the enforcement activities of the national regulatory authorities, and to contribute to a uniform application of this Regulation throughout the Union, the Agency may carry out investigations by exercising the powers conferred onto it by and in accordance with Articles 13a andto 13bk.
2023/05/25
Committee: ITRE
Amendment 276 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 1227/2011
Article 13 – paragraph 4
4. The Agency may exercise its powers to ensure that the prohibitions set out in Article 3 and Article 5 and the obligations set out in Article 4 are applied where:
2023/05/25
Committee: ITRE
Amendment 281 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 1227/2011
Article 13 – paragraph 4, point (a)
(a) acts related to the allegation are being or have been carried out on wholesale energy products for delivery in at least three Member States; or
2023/05/25
Committee: ITRE
Amendment 287 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 1227/2011
Article 13 – paragraph 4, point (b)
(b) acts related to the allegation are being or have been carried on wholesale energy products for delivery in at least two Member States and at least one of the natural or legal persons who is carrying or carried out these acts is resident or established in a third country but registered pursuant to Article 9(1)nother Member State or in a third country; or
2023/05/25
Committee: ITRE
Amendment 296 #

2023/0076(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 1227/2011
Article 13 – paragraph 4, point (d)
(d) the relevant information as defined in Article 2(1) of this Regulation is likely to significantly affect the prices of wholesale energy products for delivery in at least three Member Statescompetent national regulatory authority requests the Agency to exercise its powers in acts, even if not falling within points a), b) or c).
2023/05/25
Committee: ITRE
Amendment 10 #

2022/2053(INI)

Motion for a resolution
Citation 8 a (new)
— having regard to the Commission communication entitled "EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate" [COM(2021)699],
2022/08/30
Committee: ENVI
Amendment 21 #

2022/2053(INI)

Draft opinion
Paragraph 2
2. Reiterates that the European Climate Law sets the goal of climate neutrality by 2050, and recognises the need to drastically reduce carbon reliance, starting this decade;
2022/07/14
Committee: ITRE
Amendment 40 #

2022/2053(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Supports the Commission’s approach on carbon removals before 2030 and the improvement in climate accounting by 2028;
2022/07/14
Committee: ITRE
Amendment 44 #

2022/2053(INI)

Draft opinion
Paragraph 5
5. Highlights the importance of European leadership and the need for a competitive CCUS market with financial incentives, underpinned by clear definitions and safeguards;
2022/07/14
Committee: ITRE
Amendment 58 #

2022/2053(INI)

Motion for a resolution
Recital B
B. whereas sustainable carbon cycles must be considered in a holistic manner, as to ensure that increasing carbon sinks and replacing fossil carbon as much as possible will require more biomass production, thus affecting the land sector; whereas carbon farming schemerespects the do no harm and no deterioration principles; whereas carbon farming schemes based on nature-based solutions can be part of an incentivising market-based toolbox for delivering on climate objectives;
2022/08/30
Committee: ENVI
Amendment 63 #

2022/2053(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission to propose a framework for carbon removal, with requirements on monitoring, reporting and verification based on life-cycle considerations, that is sufficiently flexible to accommodate new technologies while also accounting for the up- and downstream emissions of a removal process;
2022/07/14
Committee: ITRE
Amendment 67 #

2022/2053(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Calls on the Commission to regulate carbon removals separately from GHG emissions reduction and to not allow for offsetting emissions under EU regulatory and compliance frameworks after 2030;
2022/07/14
Committee: ITRE
Amendment 70 #

2022/2053(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Calls on the Commission to come up with a clear definition for permanence of storage so as to differentiate between permanent and short term storage;
2022/07/14
Committee: ITRE
Amendment 72 #

2022/2053(INI)

Draft opinion
Paragraph 6 c (new)
6 c. Calls on the Commission to address the issue of liability if or when removals are reversed and stored carbon enters the atmosphere again;
2022/07/14
Committee: ITRE
Amendment 75 #

2022/2053(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to present short-term actions to upscale carbon farming, including ‘blue carbon’, as a business model that incentivises practices on natural ecosystems that increase carbon sequestration, and to foster a new industrial value chain for the sustainable capture, recycling, transport and storage of carbon. while simultaneously ensuring biodiversity restoration;
2022/07/14
Committee: ITRE
Amendment 80 #

2022/2053(INI)

Motion for a resolution
Recital D
D. whereas permanent carbon removal plays a crucial role in achieving a climate- neutral EU economy by 2050, as they can balance the emissions that are very difficultimpossible to eliminate and create a new market-based income source for farmers;
2022/08/30
Committee: ENVI
Amendment 181 #

2022/2053(INI)

Motion for a resolution
Paragraph 5
5. Considers that carbon conservationensuring healthy soils is already an important issue and will continue to be in the future, especially as it is a precondition for preserving soil fertility and for climate change adaptation, ensuring effective carbon sequestration and to strengthen EU´s resilience to climate change; emphasises that there should be no delay in the expected EU Soil Health Law as the common legislative framework will work towards this aim;
2022/08/30
Committee: ENVI
Amendment 309 #

2022/2053(INI)

Motion for a resolution
Paragraph 12
12. Stresses that carbon farming must be regulated in line with the currenttaking into account the CAP and be seen as a complementary and additional topping-up option; underlines, however, that in the longer term market- based carbon farming should be market-based; not compensate possible failures of the CAP1a; _________________ 1a European Court of Auditors, special report 16/2021: Common Agricultural Policy and climate: Half of EU climate spending but farm emissions are not decreasing.
2022/08/30
Committee: ENVI
Amendment 357 #

2022/2053(INI)

Motion for a resolution
Paragraph 14
14. Underlines that CCS is not allowed in all Member States; stresses that the Commission has to sufficiently document the long-term effect of CCS in regions with deep soildifferent regions and support experimental projects to obtain more data on this before their large scale deployment;
2022/08/30
Committee: ENVI
Amendment 359 #

2022/2053(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Underlines that the EU and Member States should make full use of existing monitoring tools, such as Land Use and Coverage Area frame Survey (LUCAS) that provides necessary harmonised information on soil organic carbon content across the EU, to put in place the certification framework1a; reiterates its call on the European Commission to ensure legal basis for LUCAS and all its relevant modules to secure their operability in the long term; believes that Member States should increase the depth at which sampling of organic carbon content in soil and of carbon stocks is carried out, namely to use the 30 cm from the LUCAS soils 2022 protocol as a minimum; _________________ 1a https://publications.jrc.ec.europa.eu/repos itory/handle/JRC121253
2022/08/30
Committee: ENVI
Amendment 378 #

2022/2053(INI)

Motion for a resolution
Paragraph 15
15. Underlines that the new certification framework for carbon farming should be bas simple as possible in its deed on transparent, comprehensive and sound MRV, including upstream and downstream greenhouse gas emissions associated with the removal and storage process in the emissigon and not result in disproportionate administrative burdensbalance; stresses the need to ensure clear definition of permanence and rules for liability of possible reversals, to make the framework as simple as possible and understandable for land and forestry managers and owners; emphasises that the future Union certification framework will need to take into account already existing national initiatives with the same objective;
2022/08/30
Committee: ENVI
Amendment 446 #

2022/2053(INI)

Motion for a resolution
Paragraph 17
17. Stresses that carbon farming should be market-based and financed by public and/or private funds and that the 'do no significant harm' principle and the environmental integrity of actions should be observed at all times; calls on the Commission to create a genuinely new business model for farmers and foresters; notes that financing from the value chain or through the creation of a voluntary carbon market is possible; stresses that the CAP is not a viable source of funding, as the CAP is not a business model;
2022/08/30
Committee: ENVI
Amendment 469 #

2022/2053(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the increased interest of the European Investment Bank in funding climate and environment initiatives; calls for the creation of a dedicated financial instrument, which would be fully compatible with the European Green Deal objectives, for carbon cycling investments;
2022/08/30
Committee: ENVI
Amendment 483 #

2022/2053(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Appreciates the commitment of the Commission to create an expert group which will aim at fostering knowledge exchange, at improving the quality of carbon farming credits and MRV methodologies and at following up relevant developments, including on the impacts of initiatives on nature and biodiversity; welcomes the identified legislative synergies between the Sustainable Carbon Cycles, the LULUCF regulation and the Nature Restoration Law proposal, which must ensure coherence and simplify future governance, monitoring and reporting;
2022/08/30
Committee: ENVI
Amendment 24 #

2022/0160(COD)

Proposal for a directive
Recital 3
(3) Directive (EU) 2018/2001 of the European Parliament and of the Council18 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan19 , the share of renewable energy in gross final energy consumption would need to increase to 40% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target20 . In this context, the Commission proposed in July 2021, as part of the package delivering on the European Green Deal, to double the share of renewable energy in the energy mix in 2030 compared to 2020, to reach at least 40%. The REPowerEU Communication21 outlined a plan to make the EU independent from Russian fossil fuels well before the end of this decade. Dependencies on oil and natural gas should be phased out through an encompassing green transition in line with the European Green Deal. The Communication foresees front-loading of wind and solar energy, increasing the average deployment rate as well as additional renewable energy capacity by 2030 to accommodate for higher domestic production of renewable hydrogen. It also invited the co-legislators to consider a higher or earlier target for renewable energy. In this context, it is appropriate to increase the Union renewable energy target up to 45% in order to significantly accelerate the current pace of deployment of renewable energy, thereby speeding up the phase-out of EU’s dependence by increasing the availability of affordable, secure and, sustainable and locally produced energy in the Union. _________________ 18 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 19 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people. 20 Point 3 of the Communication from the Commission COM(2020) 562 21 REPowerEU: Joint European Action for more affordable, secure and sustainable energy, COM(2022) 108 final (“REPower EU Communication”).
2022/09/29
Committee: ITRE
Amendment 37 #

2022/0160(COD)

Proposal for a directive
Recital 8
(8) A faster roll-out of renewable energy projects cshould be supported by strategic planning carried out by Member States. Member States should identify the land and sea areas necessary for the installation of plants for the production of energy from renewable sources in order to meet their national contributions towards the revised 2030 renewable energy target set out in Article 3(1) of Directive (EU) 2018/2001. When available, the mapping of areas should also take into account the trajectory towards climate neutrality to be achieved by 2050. Such areas should reflect their estimated trajectories and total planned installed capacity and should be identified by renewable energy technology set in the Member States’ updated national energy and climate plans pursuant to Article 14 of Regulation (EU) 2018/1999. The identification of the required land and sea areas should take into consideration the availability of the renewable energy resources and the potential offered by the different land and sea areas for renewable energy production of the different technologies, the projected energy demand overall and in the different regions of the Member State, and the availability of relevant grid infrastructure, storage and other flexibility tools bearing in mind the capacity needed to cater for the increasing amount of renewable energy.
2022/09/29
Committee: ITRE
Amendment 60 #

2022/0160(COD)

Proposal for a directive
Recital 15
(15) The designation of renewables go- to areas should allow renewable energy plants, their grid connection as well as co- located energy storage facilities located in these areas to benefit from predictability and streamlined administrative procedures. In particular, projects located in renewable go-to areas should benefit from accelerated administrative procedures, including a tacit agreement in case of a lack of response by the competent authority on an administrative step by the established deadline, unless the specific project is subject to an environmental impact assessment. These projects should also benefit from clearly delimited deadlines and legal certainty as regards the expected outcome of the procedure. Following the application for projects in a renewables go- to area, Member States should carry out a fast screening of such applications with the aim to identify if any of such projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographic area where they are located that were not identified during the environmental assessment of the plan or plans designating renewables go-to areas carried out in accordance with Directive 2001/42/EC. All projects located in renewables go-to areas should be deemed approved at the end of such screening process. Only if Member States have clear evidence to consider that a specific project is highly likely to give rise to such significant unforeseen adverse effects, Member States should, after motivating such decision, subject such project to an environmental assessment in accordance with Directive 2011/92/EC and, where relevant, Directive 92/43/EEC25 . Given the need to accelerate the deployment of renewable energy sources, such assessment should be carried out within six months. _________________ 25 Council Directive 92/43/EEC of 21 May 1992 on the convervation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992).
2022/09/29
Committee: ITRE
Amendment 69 #

2022/0160(COD)

Proposal for a directive
Recital 19
(19) In addition to installing newinnovative renewable energy plants, repowering existing renewable energy plants has a significant potential to contribute to the achievement of the renewable energy targets. Since, usually, the existing renewable energy plants have been installed in sites with significant renewable energy resource potential, repowering can ensure the continued use of these sites while reducing the need to designate new sites for renewable energy projects. Repowering includes further benefits such as the existing grid connection, a likely higher degree of public acceptance and knowledge of environmental impacts. The repowering of renewable energy projects entails changes to or the extension of existing projects to different degrees. The permit-granting process, including environmental assessments and screening, for the repowering of renewable energy projects should be limited to the potential impacts resulting from the change or extension compared to the original project.
2022/09/29
Committee: ITRE
Amendment 74 #

2022/0160(COD)

Proposal for a directive
Recital 21
(21) The installation of solar energy equipment, together with related co-located storage and grid connection, in existing or future structures created for purposes different than solar energy production with the exclusion of artificial water surfaces, such as rooftops, parking areas, roads and railways, do not typically raise concerns related to competing uses of space or environmental impact. These installations therefore may benefit from shorter permit- granting procedures.
2022/09/29
Committee: ITRE
Amendment 100 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive (EU) 2018/2001
Article 15 paragraph 2a
2a. Member States shall promote the testing of newinnovative renewable energy technologies in pilot projects in a real- world environment, for a limited period of time, in accordance with the applicable EU legislation and accompanied by appropriate safeguards to ensure the secure operation of the electricity system and avoid disproportionate impacts on the functioning of the internal market, under the supervision of a competent authority. Member States shall develop a fast-track procedure for the permitting of such innovative renewable energy technologies .
2022/09/29
Committee: ITRE
Amendment 111 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 1
(1) By [1 year after the entry into force], Member States shall identify the landinstalled capacity as well as the land, subsurface and sea areas necessary for the installation of plants for the production of energy from renewable sources that are required in order to meet their national contributions towards the 2030 renewable energy target in accordance with Article 3 of this Directive. When available, Member States shall identify the areas to be taken into account in order to achieve climate neutrality by 2050. Such areas shall be commensurate with the estimated trajectories and total planned installed capacity by renewable energy technology set in national energy and climate plans of Member States, as updated pursuant to Article 14 of Regulation (EU) 2018/1999.
2022/09/29
Committee: ITRE
Amendment 117 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
article 15b paragraph 2
(a) the availability of the renewable energy resources and the potential for renewable energy production of the different technologies in the land, subsurface and sea areas;
2022/09/29
Committee: ITRE
Amendment 124 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (Eu) 2018/2001
Article 15b – paragraph 2 – point c
(c) the availability of relevant renewable heating network and grid infrastructure, storage and other flexibility tools or the potential to create such grid infrastructure and storage.
2022/09/29
Committee: ITRE
Amendment 152 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 3a (new)
(3 a) When identifying land, subsurface and sea areas necessary for the installation of plants for the production of energy from renewable sources, Member States shall deploy a mechanism supporting the necessary renewable heating network and power grid development in order to provide a fully integrated energy system.
2022/09/29
Committee: ITRE
Amendment 170 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 Directive (UE) 2018/2001
(a) Designate sufficiently homogeneous land, subsurface and sea areas where the deployment of a specific type or types of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. In doing so, Member States shall:
2022/09/29
Committee: ITRE
Amendment 175 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 1
— give priority to artificial and built surfaces and subsurfaces, such as rooftops, transport infrastructure areasparking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture;
2022/09/29
Committee: ITRE
Amendment 184 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point b
(b) Establish appropriate rules for the designated renewable go-to areas, including on the mitigation measures to be adopted for the installation of renewable energy plants, co-located energy storage facilities, as well as assets necessary for their connection to renewable heat networks or to the grid, in order to avoid or, if not possible, to significantly reduce the negative environmental impacts that may arise. Where appropriate, Member States shall ensure that appropriate mitigation measures are applied to prevent the situations described in Articles 6(2) and 12(1) of Directive 92/43/EEC, Article 5 of Directive 2009/147/EEC and Article 4(1)(a)(i) and (ii) of Directive 2000/60/EC. Such rules shall be targeted to the specificities of each identified renewable go-to area, the renewable energy technology or technologies to be deployed in each area and the identified environmental impacts. Compliance with such rules and the implementation of the appropriate mitigation measures by the individual projects shall result in the presumption that projects are not in breach of those provisions without prejudice to paragraphs 4 and 5 of Article 16a. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Council Directive 92/43/EEC and Directive 2009/147/EEC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such measures is closely monitored and appropriate steps are taken immediately if they do not prove to be effective. .
2022/09/29
Committee: ITRE
Amendment 186 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point b
(b) Establish appropriate rules for the designated renewable go-to areas, including on the mitigation measures to be adopted for the installation of renewable energy plants, co-located energy storage facilities, as well as assets necessary for their connection to the grid, in order to avoid or, if not possible, to significantly reduce the negative environmental impacts that may arise. Where appropriate, Member States shall ensure that appropriate mitigation measures are applied to prevent the situations described in Articles 6(2) and 12(1) of Directive 92/43/EEC, Article 5 of Directive 2009/147/EEC and Article 4(1)(a)(i) and (ii) of Directive 2000/60/EC. Such rules shall be targeted to the specificities of each identified renewable go-to area, the renewable energy technology or technologies to be deployed in each area and the identified environmental impacts. Compliance with such rules and the implementation of the appropriate mitigation measures by the individual projects shall result in the presumption that projects are not in breach of those provisions without prejudice to paragraphs 4 and 5 of Article 16a. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Council Directive 92/43/EEC and Directive 2009/147/EEC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such measures is closely monitored and appropriate steps are taken immediately if they do not prove to be effective. .
2022/09/29
Committee: ITRE
Amendment 194 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 3
(3) The plan or plans designating renewables go-to areas shall be made public, and continually updated to record new capacity in electronic format, and shall be reviewed periodically, at least in the context of the update of the national energy and climate plans pursuant to Article 14 of Regulation (EU) 2018/1999.
2022/09/29
Committee: ITRE
Amendment 204 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 16 – paragraph 1
(1) The permit-granting process shall cover all relevant administrative permits to build, repower and operate plants for the production of energy from renewable sources, co-located energy storage facilities, as well as assets necessary for their connection to the grid and the relevant transmission and distribution network elements, including grid connection permits and environmental assessments where these are required. The permit-granting process shall comprise all procedures from the acknowledgment of the validity of the application in accordance with paragraph 2 to the notification of the final decision on the outcome of the procedure by the relevant authority or authorities.
2022/09/29
Committee: ITRE
Amendment 217 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (UE) 2018/2001
Article 16 – paragraph 2a (new)
(2 a) Member States shall support regional and local authorities including technical and financial support in order to facilitate the permit-granting process. Furthermore, Member States shall ensure that the financing of qualified staff, upskilling and reskilling of their competent authorities at national, regional and local level is duly proportionate with the implementation of the overall renewable energy needs established under Article 15b of this Directive.
2022/09/29
Committee: ITRE
Amendment 234 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 1
(1) Member States shall ensure that the permit-granting process referred to in Article 16(1) shall not exceed one year for projects in renewables go-to areas. For generation assets and assets necessary for their connection to the grid, the process shall not exceed six month. Where duly justified on the ground of extraordinary circumstances, thatose one-year and six months periods may be extended by up to three months. In such a case, Member States shall clearly inform the developer about the extraordinary circumstances that justified the extension.
2022/09/29
Committee: ITRE
Amendment 244 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a Paragraph 2
(2) The permit-granting process for the repowering of plants and for new installations with an electrical capacity of less than 150 kW, co-located energy storage facilities as well as their grid connection, located in renewables go-to areas shall not exceed six months. Where duly justified on the ground of extraordinary circumstances, such as on grounds of overriding safety reasons where the repowering project impacts substantially on the grid or the original capacity, size or performance of the installation, that one year period may be extended by up to three months. Member States shall clearly inform the project developer about the extraordinary circumstances that justify the extension.
2022/09/29
Committee: ITRE
Amendment 249 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 and 5, by derogation from Article 4(2) of Directive 2011/92/EU, and Annex II, points 3(a), (b), (d), (h), (i), and 6(c) alone or in conjunction with point 13(a) to that Directive as far as this concerns renewable energy projects, new applications for renewable energy plants, except for biomass combustion plants, including the repowering of plants, in already designated renewables go-to areas for the respective technology, co-located storage facilities in already designated renewables go-to areas as well as their connection to the grid, shall be exempted from the requirement to carry out a dedicated environmental impact assessment under Article 2(1) of Directive 2011/92/EU, provided that these projects comply with the rules and measures set out in accordance with Article 15c(1), point (b). The exemption from the application of Directive 2011/92/EU above shall not apply to projects which are likely to have significant effects on the environment in another Member State or where a Member State likely to be significantly affected so requests, as provided for in Article 7 of the said Directive.
2022/09/29
Committee: ITRE
Amendment 277 #

2022/0160(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive (EU) 2018/2001
Article 16b – paragraph 2 – subparagraph 1
Where an environmental assessment is required under Directive 2011/92/EU or Directive 92/43/EEC, it shall be carried out in a single procedure that combines all relevant assessments for a given project. When any such environmental impact assessment is required, the competent authority, taking into account the information provided by the developer, shall issue an opinion on the scope and level of detail of the information to be included by the developer in the environmental impact assessment report, of which the scope shall not be extended subsequently. Where the specific projects have adopted appropriate mitigation measures, any killing or disturbance of the species protected under Article 12(1) of Directive 92/43/EEC and Article 5 of Directive 2009/147/EC shall not be considered deliberate. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Council Directive 92/43/EEC and Directive 2009/147/EEC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such measures is closely monitored and appropriate steps are taken immediately if they do not prove to be effective. The permit-granting process for the repowering of projects and for new installations with an electrical capacity of less than 150 kW, co-located storage facilities as well as their grid connection, located outside renewables go-to areas shall not exceed one year including environmental assessments where required by relevant legislation. Where duly justified on the ground of extraordinary circumstances, this one-year period may be extended by up to three months. Member States shall clearly inform the developers about the extraordinary circumstances that justified the extension.
2022/09/29
Committee: ITRE
Amendment 11 #

2021/2046(INI)

Draft opinion
Paragraph 1
1. Stresses the need for ambitious policies to reduce transport’s reliance on fossil fuels without delay; short and long-term policies and actions to reduce and eventually eliminate transport’s reliance on fossil fuels by gradually replacing them with sustainable, renewable, zero-carbon alternatives;
2021/05/12
Committee: ITRE
Amendment 34 #

2021/2046(INI)

Draft opinion
Paragraph 3
3. Stresses that a mobility system based on EU-wide digitalisation, data sharing and interoperable standards has the potential to make transport smarter and clean, cleaner, cut noise pollution and increase the safety of its users;
2021/05/12
Committee: ITRE
Amendment 39 #

2021/2046(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Underlines the continuously increasing role of Galileo GNSS in facilitating inland, offshore and aerial traffic flows, and stresses its importance in the development and deployment of automated vehicles;
2021/05/12
Committee: ITRE
Amendment 42 #

2021/2046(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Stresses the importance of the highest level of reliability and performance of digital infrastructure, notably through 5G, which offers a great number of solutions and services that contribute to reach higher levels of automation across relevant sectors;
2021/05/12
Committee: ITRE
Amendment 45 #

2021/2046(INI)

Draft opinion
Paragraph 3 c (new)
3 c. Strongly believes in the potential of artificial intelligence to help decrease air pollution coming from various modes of transport, increase its efficiency and safety, contribute to research and experimentation as well as to the rationalisation of traffic flows;
2021/05/12
Committee: ITRE
Amendment 57 #

2021/2046(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Underlines the importance of increasing the energy efficiency of internal combustion engines in order to reduce emissions from transport; calls on the Commission to swiftly introduce the new EURO 7 vehicle emissions standards and to set an EU-wide phase-out date for the sale of new petrol and diesel cars, with the end goal of replacing them with zero- carbon alternatives;
2021/05/12
Committee: ITRE
Amendment 58 #

2021/2046(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Welcomes the Commission's objective to double high-speed rail traffic by 2030; stresses the importance of completing the TEN-T high-speed rail network as soon as possible, with a view to making cross-border mobility within the EU more sustainable;
2021/05/12
Committee: ITRE
Amendment 64 #

2021/2046(INI)

Draft opinion
Paragraph 5
5. Calls on Member States to implement the Clean Energy Package in order to facilitatwithout delay in order to substantially increase the production and management of the increased renewable electricitnergy needed to decarbonise the transport sector;
2021/05/12
Committee: ITRE
Amendment 70 #

2021/2046(INI)

Draft opinion
Paragraph 6
6. Calls for measures to unlock the potential of sustainability and the energy efficiency first principle and to reduce emissions of all types of transport, by boosting opportunities from digitalisation, circular economy and electrification;
2021/05/12
Committee: ITRE
Amendment 76 #

2021/2046(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Calls on the Commission to increase the goals for charging points in the upcoming revision of the Energy Performance of Buildings Directive;
2021/05/12
Committee: ITRE
Amendment 95 #

2021/2046(INI)

Draft opinion
Paragraph 8
8. Calls forStresses the urgent need to speed up and increased efforts to achieve a EU- wide roll-out of charging infrastructure and the adoption of harmonised standards to ensure interoperability; strongly believes that market based solutions can and will contribute to a rapid deployment of the required infrastructure, provided that the legal and regulatory environment remains favourable and predictable.
2021/05/12
Committee: ITRE
Amendment 27 #

2021/2043(INI)

Motion for a resolution
Recital D a (new)
D a. whereas fragmentation, restrictive national regulations, red-tape and gold- plating are creating unjustified barriers within the single market which deprive citizens of jobs, consumers of choices, and entrepreneurs of opportunities;
2021/09/08
Committee: IMCO
Amendment 36 #

2021/2043(INI)

G a. whereas the Professional Qualifications Directive is a key instrument to ensure the proper functioning of the single market but the lack of automatic recognition instruments for qualifications and skills between Member States is impeding the mobility of professionals and thereby creating unjustified barriers to the freedom of movement;
2021/09/08
Committee: IMCO
Amendment 53 #

2021/2043(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Points out that the price for inadequate implementation is paid by both businesses and consumers and encourages the Commission to prioritise adequate enforcement actions;
2021/09/08
Committee: IMCO
Amendment 75 #

2021/2043(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Regrets that Member States frequently use overriding reasons of public interest to isolate their domestic markets; highlights that requirements such as unfounded territorial restrictions, unnecessary language requirements and economic needs tests create unjustified barriers within the single market and calls on the Commission to improve the monitoring of Member States in this regard;
2021/09/08
Committee: IMCO
Amendment 77 #

2021/2043(INI)

Motion for a resolution
Paragraph 5 b (new)
5 b. Highlights that the rule of law must be upheld under any circumstances and reminds Member States of their legal notification obligations;
2021/09/08
Committee: IMCO
Amendment 84 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point a a (new)
a a) inadequate enforcement of EU legislation as well as long and complex procedures to resolve breaches of EU law, which result in barriers faced by businesses remaining unaddressed;
2021/09/08
Committee: IMCO
Amendment 96 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point d a (new)
d a) a lack of transparency and information and complex procedural requirements which increase difficulties to access cross-border procurement, particularly for small and medium-sized enterprises (SMEs);
2021/09/08
Committee: IMCO
Amendment 102 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Stresses that the most effective way to reduce fragmentation of the single market and to avoid gold-plating is to aim for further harmonisation in the single market; stresses that this harmonisation should not lead, however, to more regulatory burden for companies;
2021/09/08
Committee: IMCO
Amendment 119 #

2021/2043(INI)

Motion for a resolution
Paragraph 9
9. Recognisegrets the insufficient use of the notification procedure under the Services Directive and the TRIS notification system (Directive (EU) 2015/1535); calls on Member States to fulfil their notification obligations; calls on the Commission to reflect on improvinge this framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, while remaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposal;
2021/09/08
Committee: IMCO
Amendment 122 #

2021/2043(INI)

Motion for a resolution
Paragraph 10
10. Stresses that barriers also derive from limited national administration capabilities to provide services in other languages, and from shortages of skills and infrastructure; calls on Member States to ensure that information and documents relating to market access are not only available in the official language of the Member State but also in English and other EU languages;
2021/09/08
Committee: IMCO
Amendment 132 #

2021/2043(INI)

Motion for a resolution
Paragraph 12
12. ConsiderRegrets that mutual recognition of professional qualification is seriously afferestricted by administrative barriers imposed by Member States; underlines that the automatic mutual recognition of diplomas, qualifications, skills and competences between Member States would strengthen the free movement of workers and services and urges Member States to extend mutual recognition to all levels of education and training and to improve or introduce the necessary procedures for that as soon as possible; encourages the Commission to eliminate undue restrictions on professional qualifications and to remain vigilant in pursuing infringement policies where Member States do not comply with EU legislation on the recognition of qualifications;
2021/09/08
Committee: IMCO
Amendment 139 #

2021/2043(INI)

Motion for a resolution
Paragraph 13
13. Is concerned by the insufficient access to information on mobility of services, as well as by the burdensome procedures in certain Member States to obtain essential documents such as the A1 form; calls on Member States to commit to providing the A1 form at short notice and, where possible, digitally; underlines that access to information, such as on domestic collective agreements where universally applicable and relevant, is obligatory under Directive 2014/67/EC and should be improved to facilitate compliance for businesses, this information should be available via the single digital gateway; calls on Member States to avoid creating disproportionate burdens for companies in the implementation of posting legislation and on the Commission to further harmonise existing rules;
2021/09/08
Committee: IMCO
Amendment 152 #

2021/2043(INI)

Motion for a resolution
Paragraph 14
14. Recognises that numerous barriers stem from the limited capacity of administrations to deliver high quality services in cross-border settings; calls on the Commission to promote the use of digital tools and urges Member States to commit fully to the digitalisation of public services; believes that digitalisation of public services and fully-fledged eGovernment capabilities remain essential to eradicate some of the onerous NTBs; recalls, in this regard, that the key provisions of the single digital gateway had to be in force in all EU Member States by 12 December 2020; underlines the importance of the ‘digital-by-default’ and ‘once only’ principles, which will save citizens and businesses time and money, in particular if used more widely; welcomes the proposal to add a single market obstacles tool to the single digital gateway;
2021/09/08
Committee: IMCO
Amendment 156 #

2021/2043(INI)

Motion for a resolution
Paragraph 15
15. Reiterates its repeated calls to speed upgrets that the implementation and broadenof the sSingle dDigital gGateway so as to provide to all users acis moving slowly; calls on Member States to dedicate sufficient resourcess to comprehensive information on single market rules and administrative procedures through a one- stop-shopswiftly implementing the Single Digital Gateway in an SME-friendly way by providing user-centered information on single market rules and administrative procedures in order to make it a virtual one-stop shop as far as possible; calls on Member States and the Commission to extend the scope of the Single Digital Gateway to all business relevant administrative procedures;
2021/09/08
Committee: IMCO
Amendment 159 #

2021/2043(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the Commission proposal to make SOLVIT the default tool for single market dispute resolution; Highlights the potential of making SOLVIT the default tool for single market dispute resolution; notes that despite awareness-raising activities by the Commission and Member States, SOLVIT is still unknown to many citizens and businesses; stresses that further measures should be taken by the Commission and Member States to increase its profile; notes that SOLVIT is based on recommendation rather than law and cannot make legally binding decisions; underlines that substantial improvements can be made to SOLVIT’s operations; regrets that some Member States fail to ensure adequate and stable staffing, continuity of service and an adequate level of knowledge of EU law in their SOLVIT centres as requested by the Commission in its Communication COM(2017) 255 final; notes that before giving SOLVIT more responsibilities, it must be ensured that Member States allocate sufficient resources to it;
2021/09/08
Committee: IMCO
Amendment 167 #

2021/2043(INI)

Motion for a resolution
Paragraph 17
17. Stresses that the international road haulage sector is subject to a number of NTBs restricting access to national markets, which limit its competitiveness, discriminate against transport companies from certain Member States and increase emissions; calls on Commission and Member States to abolish unnecessarpply restrictions on cabotage, and calls for the opening of the only when necessary, and calls for a fair and open freight and passenger transport services sector within the EU;
2021/09/08
Committee: IMCO
Amendment 172 #

2021/2043(INI)

Motion for a resolution
Paragraph 18
18. Welcomes in principle the Single Market Enforcement Taskforce (SMET), which aims to assess compliance of national law with single market rules and to prioritise the most pressing barriers; points out that the SMET should not just identify problems, but also provide solutions; calls on Commission and Member States to ensure the inclusion of stakeholders in the workings of SMET;
2021/09/08
Committee: IMCO
Amendment 175 #

2021/2043(INI)

Motion for a resolution
Paragraph 19
19. Recalls that so far the Commission’s plan to step up enforcement of EU law by means of the SMET has only delivered limited results; calls on the Commission to present in due time concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actionsregrets that SMET lacks transparency in its ways of work; calls on Commission and Member States to ensure that SMET publishes lists of participants, agendas and minutes of its meetings on the Commission website; notes that the Commission in its “long term action plan for better implementation and enforcement of single market rules” (COM(2020) 94 final) stated that “the SMET will regularly inform the Competitiveness Council and the European Parliament’s Internal Market and Consumer Protection Committee”; urges on the Commission to present concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actions, by the end of 2021; calls on Commission and Member States to publish an annual report about the workings of SMET and deliver it to the European Parliament’s Committee on the Internal Market and Consumer Protection and the Competitiveness Council;
2021/09/08
Committee: IMCO
Amendment 203 #

2021/2043(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Urges Member States to set annual national targets for the eradication of non-tariff and non-tax barriers; recommends the Commission to use the Single Market Scoreboard to rank Member States according to their intra- EU trade openness, as exemplified in the European Innovation Scoreboard, since this would encourage credible, concrete and measurable commitments to remove remaining obstacles in the single market;
2021/09/08
Committee: IMCO
Amendment 204 #

2021/2043(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Calls on the Commission to make full use of its powers to act against any disproportionate and unjustified national labelling requirements on products that are not in compliance with the free movement of goods’ principles and legislation;
2021/09/08
Committee: IMCO
Amendment 206 #

2021/2043(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Calls on the Commission to further assess allowing and encouraging the use of digital solutions which can help to provide mandatory product or packaging information without the need to increase packaging size or to repackage;
2021/09/08
Committee: IMCO
Amendment 207 #

2021/2043(INI)

Motion for a resolution
Paragraph 24 c (new)
24 c. Calls for the European Qualifications Framework to be promoted and its application to be facilitated throughout the European Union, so that it becomes a widely accepted recognition instrument;
2021/09/08
Committee: IMCO
Amendment 210 #

2021/2043(INI)

Motion for a resolution
Paragraph 25
25. Recalls that the initial response to the pandemic by Member States and the Commission did not take into account the needs of the single market, and recalls the serious impact this has had on the free cross-border movement of persons, goods and services;
2021/09/08
Committee: IMCO
Amendment 212 #

2021/2043(INI)

Motion for a resolution
Paragraph 26
26. Welcomes the NextGenerationEU recovery package, the EU guidelines for border management, transport green lanes, the EU Digital COVID Certificate to facilitate free movement, and further measures which aim to allow the single market to operate normally; regrets that some Member States have introduced additional travel restrictions such as quarantine for some holders of the Digital Green Certificate; notes that these restrictions are particularly burdensome for cross-border and posted workers;
2021/09/08
Committee: IMCO
Amendment 214 #

2021/2043(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Welcomes the Commission’s proposal to present a Single Market Emergency Instrument; calls on the Commission to develop it as a legally binding structural tool to ensure the free movement of persons, goods and services in case of future crises;
2021/09/08
Committee: IMCO
Amendment 2 #

2021/2013(INI)

Motion for a resolution
Citation 3 a (new)
— having regard to the Commission communication of 5 May 2021 on Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe's recovery (COM(2021)350),
2021/06/10
Committee: ENVI
Amendment 418 #

2021/2013(INI)

Motion for a resolution
Paragraph 12
12. Insists that a competitive EU pharmaceutical industry is strategic and more responsive to patients’ needs; points out that the industry needs a stable, flexible and agile regulatory environment; believes that it can thrive globally with a clear, robust and efficient intellectual property system; welcomes the initiative to build interoperable digital infrastructure for the European Health Data Space; calls on the Commission to develop guidance to promote the secondary use of data for research and to ensure fair, transparent and non-discriminatory access to data throughout Europe;
2021/06/10
Committee: ENVI
Amendment 447 #

2021/2013(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Calls for the Commission and Member States to use real-world data for regulatory decisions on medicines to complement evidence from randomised- controlled clinical trials;
2021/06/10
Committee: ENVI
Amendment 513 #

2021/2013(INI)

Motion for a resolution
Paragraph 15
15. Highlights the fact that gene and cell therapies, personalised medicine, nanotechnology, next-generation vaccines, e-health and the ‘Million plus genomes’ initiative have a transformative potential and can bring enormous benefits to patients and societies in relation to the prevention, diagnosis, treatment and post- treatment of all diseases; urges the Commission to ensure sufficient regulatory expertise to support dialogue with developers, to develop appropriate regulatory frameworks, to guide new business models without compromising safety standards and product efficacy, and to run information campaigns to raise awareness and encourage the use of these innovations; calls on Member States to authorize the use of these innovative treatments abroad in an effective and timely manner and to accelerate the reimbursement process for cross-border treatment of patients;
2021/06/10
Committee: ENVI
Amendment 537 #

2021/2013(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to fully implement the Clinical Trials Regulation9 ; welcomes the revision of pharmaceutical legislation to adapt it to cutting-edge products, scientific advances and technological transformation; supports clinical trials that are more patient- centred as well as a new framework for the design of innovative trials and the pilot project to adopt a framework for the reuse of off- patent medicines; welcomes the launch of a vaccine platform to monitor vaccine efficacy and safety, supported by an EU- wide clinical trials network; _________________ 9 Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC, OJ L 158, 27.5.2014, p. 1.
2021/06/10
Committee: ENVI
Amendment 580 #

2021/2013(INI)

Motion for a resolution
Paragraph 19
19. Recalls that the EU’s open strategic autonomy is linked to the constant and sufficient availability of medicines in all Member States; recognises the multiple drivers of shortages; stresses the importance to involve all stakeholders including manufacturers, wholesalers and pharmacists to prevent and manage medicines’ shortages; recommends, when shortages of medicine occur, to inform healthcare professionals and patients about available alternatives; calls on the Commission to develop an early warning system for drug shortages, based on a European information network on supply problems, to increase public-private collaboration and to monitor the obligation on the part of industry to provide early and transparent information on the availability of medicines, parallel trade activities, export bans and unexpected manufacturing or quality problems, while limiting the administrative burdens on stakeholders and safeguarding confidentiality; calls on the Commission to develop a mechanism to safeguard transparency in production and supply chains in the event of emergencies;
2021/06/10
Committee: ENVI
Amendment 151 #

2021/0426(COD)

Proposal for a directive
Recital 14
(14) Two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. In order to decarbonise the building sector, it is of particular importance to phase out fossil fuel in heating and cooling. Therefore, Member States should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans, and no financial incentives should be given for the installation of fossil fuel boilers under the next Multiannual Financial Framework as of 20274, with the exception of those selected for investment, before 20274, under the European Regional Development Fund and on the Cohesion Fund. A clear legal basis for the ban of heat generators based on their greenhouse gas emissions or the type of fuel used should support national phase- out policies and measures.
2022/05/25
Committee: ENVI
Amendment 165 #

2021/0426(COD)

Proposal for a directive
Recital 21
(21) The necessary decarbonisation of the Union building stock requires energy renovation at a large scale: almost 75% of that building stock is inefficient according to current building standards, and 85-95% of the buildings that exist today will still be standing in 2050. However, the weighted annual energy renovation rate is persistently low at around 1%. At the current pace, the decarbonisation of the building sector would require centuries. TIn order to triggering and supporting building renovation, including a shift towards emission-free heating systems, this therefore a key goal of this DirectiveDirective sets an annual renovation rate of at least 3%.
2022/05/25
Committee: ENVI
Amendment 215 #

2021/0426(COD)

Proposal for a directive
Recital 58
(58) In order to ensure an effective implementation of the provisions laid down in this Directive, the Commission supports Member States through various tools, such as the Technical Support Instrument42 providing tailor-made technical expertise to design and implement reforms, including those aimed at increasing the annual energy renovation rate of residential and non-residential buildings byto at least 3% from 203025 and to foster deep energy renovations. The technical support relates to, for example, strengthening of administrative capacity, supporting policy development and implementation, and sharing of relevant best practices. __________________ 42 Regulation (EU) 2021/240 of the European Parliament and of the Council of 10 February 2021 establishing a Technical Support Instrument (OJ L 57, 18.2.2021, p. 1).
2022/05/25
Committee: ENVI
Amendment 227 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated or stored on-site, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED], from the grid certified by a real- time Guarantee of Origin within the meaning of Directive (EU) 2018/2001 [amended RED], or from a district heating and cooling system, in accordance with the requirements set out in Annex III;
2022/05/25
Committee: ENVI
Amendment 235 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
3. ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I , which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced or stored on- site or nearby, nearby or from the grid certified by a real-time Guarantee of Origin within the meaning of Directive(EU) 2018/2001 [amended RED], or from a district heating and cooling system, in accordance with the requirements set out in Annex III;
2022/05/25
Committee: ENVI
Amendment 247 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 6
6. ‘technical building system’ means technical equipment for space heating, space cooling, ventilation, domestic hot water, built-in lighting, building automation and control, on-site renewable energy generation and storage , bidirectional charging infrastructure for electric vehicles, or a combination thereof, including those systems using energy from renewable sources, of a building or building unit;
2022/05/25
Committee: ENVI
Amendment 335 #

2021/0426(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Each Member State shall establish a national building renovation planachieve an annual renovation rate of at least 3% calculated on the total floor area of buildings with a total useful area of over 250 square metres, starting from 2024. The Commission shall be empowered to adopt a delegated act specifying a methodology to calculate the annual renovation rate. Each Member State shall establish a national building renovation plan to support reaching the annual renovation rate laid out in this paragraph and to ensure the renovation of the national stock of residential and non-residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, with the objective to transform existing buildings into zero- emission buildings.
2022/05/25
Committee: ENVI
Amendment 335 #

2021/0426(COD)

(14) Two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. In order to decarbonise the building sector, it is of particular importance to phase out fossil fuel in heating and cooling. Therefore, Member States should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans, and no financial incentives should be given for the installation of fossil fuel boilers under the next Multiannual Financial Framework as of 2027, with the exception of those selected for investment, before 2027, under the European Regional Development Fund and on the Cohesion Fund. A clear legal basis for the ban of heat generators based on their greenhouse gas emissions or the type of fuel used should support national phase- out policies and measures.
2022/07/06
Committee: ITRE
Amendment 351 #

2021/0426(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 3
The roadmap referred to in point (b) shall include national targets for 2030, 2040 and 2050 as regards the annual energy renovation rate, the phase-out of fossil fuels for heating aiming at a complete phase out by 2035, the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions, the share of renewable energy; specific timelines for buildings to achieve higher energy performance classes than those pursuant to Article 9(1), by 2040 and 2050, in line with the pathway for transforming the national building stock into zero- emission buildings; an evidence- based estimate of expected energy savings and wider benefits; and estimations for the contribution of the building renovation plan to achieving the Member State's binding national target for greenhouse gas emissions pursuant to Regulation (EU) .../… [revised Effort Sharing Regulation], the Union’s energy efficiency targets in accordance with Directive (EU) …/…. [recast EED], the Union’s renewable energy targets, including the indicative target for the share of energy from renewable sources in the building sector in accordance with Directive (EU) 2018/2001 [amended RED], and the Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119.
2022/05/25
Committee: ENVI
Amendment 355 #

2021/0426(COD)

Proposal for a directive
Recital 20
(20) Different options are available to cover the energy needs of an efficient building by energy from renewable sources: on-site renewables such as solar thermal, solar photovoltaics, heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat recovery from waste water, sanitary hot water or air.
2022/07/06
Committee: ITRE
Amendment 358 #

2021/0426(COD)

Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 – point a a (new)
(aa) renewable energy sources for heating and cooling have been sufficiently considered and analysed;
2022/05/25
Committee: ENVI
Amendment 363 #

2021/0426(COD)

Proposal for a directive
Recital 21
(21) The necessary decarbonisation of the Union building stock requires energy renovation at a large scale: almost 75% of that building stock is inefficient according to current building standards, and 85-95% of the buildings that exist today will still be standing in 2050. However, the weighted annual energy renovation rate is persistently low at around 1%. At the current pace, the decarbonisation of the building sector would require centuries. TIn order to triggering and supporting building renovation, including a shift towards emission-free heating systems, is therefore a key goal of this Directive is the at least doubling of the current annual renovation rate.
2022/07/06
Committee: ITRE
Amendment 369 #

2021/0426(COD)

Proposal for a directive
Article 5 – paragraph 3 – point a a (new)
(aa) single buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance and where alternatives have been assessed and where compliance can only be achieved by highly disproportionate measures;
2022/05/25
Committee: ENVI
Amendment 371 #

2021/0426(COD)

Proposal for a directive
Article 5 – paragraph 3 – point b
(b) temporary buildings with a time of use of two years or less, industrial sites, workshops, depots and non-residential agriculturalservice buildings with very low energy demand andand heating or cooling demand, infrastructural supply stations, such as transformer stations, substations, pressure control plants, railway constructions, as well as non-residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance;
2022/05/25
Committee: ENVI
Amendment 379 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that the life-cycle Global Warming Potential (GWP) is calculatedof both the embedded emissions in materials contained in the building and the building’s use phase are calculated separately in accordance with Annex III and disclosed through the energy performance certificate of the building:
2022/05/25
Committee: ENVI
Amendment 384 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a
(a) as of 1 January 20276, for all new buildings with a useful floor area larger than 2000 square meters; and
2022/05/25
Committee: ENVI
Amendment 387 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b
(b) as of 1 January 203028, for all new buildings.
2022/05/25
Committee: ENVI
Amendment 390 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 2 a (new)
2a. To ensure reductions in embedded greenhouse gas emissions, Member States shall introduce maximum limits on the total cumulative life-cycle global warming potential of materials that are allowed to be contained in new buildings: (a) as of 1 January 2029, for all new buildings with a useful floor area larger than 2000 square metres; and (b) as of 1 January 2031, for all new buildings. In setting maximum limits on the total cumulative GWP, Member States shall determine appropriate benchmarks based on reported data in previous years for the relevant subcategories of buildings, as per the requirements set out in paragraph 2. The Commission shall issue guidance, share evidence on existing national policies and offer technical support to Member States as requested for the purpose of determining appropriate national benchmark values. These maximum limits shall decline over time in line with the Union’s objectives to achieve climate neutrality by 2050.
2022/05/25
Committee: ENVI
Amendment 420 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 – point a
(a) buildings and building units owned by public bodies achieve at the latest (i)deleted after 1 January 202730, at least energy performance class F; and (ii) energy performance class E;
2022/05/25
Committee: ENVI
Amendment 437 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 – point b – introductory part
(b) non-residential buildings and building units, other than those owned by public bodies, achieve at the latest
2022/05/25
Committee: ENVI
Amendment 438 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 – point b – point i
(i) after 1 January 2027, at least energy performance class FE; and
2022/05/25
Committee: ENVI
Amendment 443 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 – point b – point ii
(ii) after 1 January 20302, at least energy performance class ED;
2022/05/25
Committee: ENVI
Amendment 456 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 – point c – point i
(i) after 1 January 2030, at least energy performance class FE; and
2022/05/25
Committee: ENVI
Amendment 461 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 – point c – point ii
(ii) after 1 January 20335, at least energy performance class ED;
2022/05/25
Committee: ENVI
Amendment 492 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-site, nearby off-site, or renewable energy provided from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or from a, renewable energy from an efficient district heating and cooling system, in accordance with the requirements set out in Annex III; or from renewable energy supplied from the energy grids, in accordance with the requirements set out in Annex III, where the energy balance should be calculated on a monthly basis as the maximum time interval;
2022/07/06
Committee: ITRE
Amendment 496 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 3 – point e a (new)
(e a) promote energy storage for renewable energy to enable renewable energy self-consumption and reduce volatility;
2022/05/25
Committee: ENVI
Amendment 496 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated or stored on-site, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED], from the grid certified by a real- time Guarantee of Origin within the meaning of Directive (EU) 2018/2001 [amended RED], or from a district heating and cooling system, in accordance with the requirements set out in Annex III;
2022/07/06
Committee: ITRE
Amendment 503 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 5 – point c
(c) temporary buildings with a time of use of two years or less, industrial sites, workshops and depots, non-residential agriculturalservice buildings with very low energy and heating or cooling demand and non- residential, infrastructural supply stations, such as transformer stations, substations, pressure control plants, railway constructions, as well as agricultural buildings which are used by a sector covered by a national sectoral agreement on energy performance;
2022/05/25
Committee: ENVI
Amendment 510 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
2 a. ‘zero lifecycle emission building’ (ZLEB) means a building with a net-zero footprint from whole life-cycle greenhouse gas emissions as determined in point 23 of Article 2, and a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources on a monthly basis;
2022/07/06
Committee: ITRE
Amendment 513 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 b (new)
2 b. ‘healthy indoor climate’ means an indoor environment that contributes to and optimises the health, comfort and well-being of occupants and is described by a set of indicators and associated target values related to Daylight, Indoor Air Quality, Thermal Comfort (especially Overheating Mitigation) and Acoustic Quality as described in EN16798-1;
2022/07/06
Committee: ITRE
Amendment 514 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 c (new)
2 c. ‘passive system’ means a design principle or a building element that maintains or improves energy performance and/or one or several indoor climate parameters (i.e., daylight, IAQ, thermal comfort, acoustic) with little or no assistance from an energy source;
2022/07/06
Committee: ITRE
Amendment 515 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 d (new)
2 d. ‘final energy’ means energy from a renewable or non-renewable source having undergone a conversion or transformation process to be ready for consumption and supplied to end-users;
2022/07/06
Committee: ITRE
Amendment 516 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
3. ‘nearly zero-energy building’ means a building with a very high energy performance and a healthy indoor climate, as determined in accordance with Annex I , which cannot be lower than the 2023 cost- optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources balanced over a month, including energy from renewable sources produced on-site or nearby off-site, including from a renewable energy community within the meaning of Directive (EU)2018/2001 or from a district heating and cooling system, in accordance with the requirements set out in Annex III;
2022/07/06
Committee: ITRE
Amendment 517 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
3. ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I , which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced or stored on- site or nearby; , nearby or from the grid certified by a real-time Guarantee of Origin within the meaning of Directive(EU) 2018/2001 [amended RED], or from a district heating and cooling system, in accordance with the requirements set out in Annex III;
2022/07/06
Committee: ITRE
Amendment 529 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
4. ‘minimum energy performance standards’ means rules that require existing buildings to meet an energy performance requirement as part of a wide renovation plan for a building stock or at a trigger point on the market (sale or rent), in a period of time or by a specific date, thereby triggering renovation of existing buildings that respects the Energy Efficiency First Principle as defined in point (18) of Article 2 of Regulation (EU) 2018/1999;
2022/07/06
Committee: ITRE
Amendment 533 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 6
6. ‘technical building system’ means technical equipment for space heating, space cooling, ventilation, domestic hot water, built-in lighting, building automation and control, on-site renewable energy generation and storage solar shading, PV installations, electrical installations, monitoring of electrical installations, electric-vehicles charging stations, on-site renewable energy generation and storage, bidirectional charging infrastructure for electric vehicles, energy from renewable sources produced nearby that can be used on-site of the building assessed through a dedicated connection to the energy production source, waste heat recovery system, or a combination thereof, including those systems using energy from renewable sources, of a building or building unit;
2022/07/06
Committee: ITRE
Amendment 540 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 2
2. With regard to all non-residential buildings with more than twenty parking spaces, and buildings owned by public authorities with more than 10 parking spaces, Member States shall ensure the installation of at least one recharging point for every ten parking spaces, and at least one bicycle parking space for every car parking space, by 1 January 2027. In case of buildings owned or occupied by public authorities, Member States shall ensure pre-cabling for at least one in two parking spaces by 1 January 2033.
2022/05/25
Committee: ENVI
Amendment 541 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8
8. ‘energy performance of a building’ means the calculated or metered amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting and technical building systems;
2022/07/06
Committee: ITRE
Amendment 555 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 5
5. Member States may decide not to apply paragraphs 1, 2 and 4 to specific categories of buildings where the pre- cabling required would rely on micro isolated systems or the buildings are situated in the outermost regions within the meaning of Article 349 TFEU, if this would lead to substantial problems for the operation of the local energy system and would endanger the stability of the local grid. In this case, the regulatory authority shall conduct an assessment with relevant stakeholders, including distribution system operators, e-mobility operators, flexibility aggregators and local authorities, to determine whether the installation of an energy storage facility would mitigate potential substantial problems to the operation and stability of the local grid.
2022/05/25
Committee: ENVI
Amendment 557 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 6 a (new)
6 a. Existing private recharging points and recharging points referred to in paragraphs 1, 2 and 4 shall be subject to an assessment by the regulatory authority in consultation with relevant stakeholders, such as distribution system operators, e- mobility operators and flexibility aggregators, to determine if the installation of bidirectional recharging functionalities and supporting energy storage facilities are appropriate.
2022/05/25
Committee: ENVI
Amendment 565 #

2021/0426(COD)

(a) before 1 January 203027, into a nearly zero-energy building;
2022/07/06
Committee: ITRE
Amendment 571 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 19 – point b
(b) as of 1 January 203027, into a zero- emission building;
2022/07/06
Committee: ITRE
Amendment 579 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 23
23. ‘whole life-cycle greenhouse gas emissions’ means the combined greenhouse gas emissions associated with the building at all stages of its life-cycle, from the ‘cradle’ (the extraction of the raw materials that are used in the construction of the building) over the material production and processing, from the energy used and materials wasted at the construction site, and the building’s operation stage, to the ‘grave’ (the deconstruction of the building and reuse, recycling, other recovery and disposal of its materials);, including the energy used and materials wasted at the construction site, and construction and demolition of needed parking places for the buildings use, situated on-site or near off-site.
2022/07/06
Committee: ITRE
Amendment 597 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 10
10. From 1 January 20274 at the latest, Member States shall not provide any financial incentives for the installation of boilers powered by fossil fuels, with the exception of those selected for investment, before 20274, in accordance with Article 7(1)(h)(i) third hyphen of Regulation (EU) 2021/1058 of the European Parliament and the Council45 on the European Regional Development Fund and on the Cohesion Fund and with Article 73 of Regulation (EU) 2021/2115 of the European Parliament and the Council46 on the CAP Strategic Plans. __________________ 45 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 46 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).
2022/05/25
Committee: ENVI
Amendment 600 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 36 a (new)
36 a. ‘digitally-connected recharging point’ means a recharging point that can send and receive information in real time, communicate bi-directionally with the electricity grid and the electric vehicle, and that can be remotely monitored and controlled, including to start and stop the recharging session and to measure electricity flows;
2022/07/06
Committee: ITRE
Amendment 609 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 40 – introductory part
40. ‘heat generator’, for the purpose of this Directive, means the part of a heating system that generates or captures useful heat for uses identified in Annex I, using one or more of the following processes:
2022/07/06
Committee: ITRE
Amendment 610 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 40 – point c
(c) capturing heat from ambient air, ventilation exhaust air, or a water or ground heat source using a heat pump;deleted
2022/07/06
Committee: ITRE
Amendment 611 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 40 – point c a (new)
(c a) the vapour compression cycle or a sorption cycle of a heat pump;
2022/07/06
Committee: ITRE
Amendment 613 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 40 a (new)
40 a. ‘electrical installation’ means the system composed of all the fixed components (such as switchboards, cables, earthing systems, sockets, switches and light fittings) aiming to distribute electrical power within a building to all points of use or transmit electricity generated on-site;
2022/07/06
Committee: ITRE
Amendment 615 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 40 b (new)
40 b. 'waste heat recuperation' means a device or system used to capture and transmission of energy within the indoor environment of buildings or building units and allows for use of this energy;
2022/07/06
Committee: ITRE
Amendment 616 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 2
2. By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A shall correspond to zero-emission buildings as defined in Article 2, point (2), or the 15% most efficient buildings, and the letter G shall correspond to the 15% worst- performing buildings in the national building stock at the time of the introduction of the scale. The letter D shall correspond to performance levels allowing for minimum demand response capacity, reflecting the implementation of sufficient envelope efficiency. This envelope shall be suitable either for the installation of flexible electric space heating, water heating and air conditioning systems or for the connection to a low-temperature district heating, to allow for both thermal comfort and flexible operation of the power grids. Member States shall ensure that the remaining classes (B to F)between A and D and between D and G have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory.
2022/05/25
Committee: ENVI
Amendment 616 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 43 a (new)
43 a. ‘heat pump’ means a machine, a device or installation that transfers heat from/to sources/sinks such as air, water or ground to or from buildings, for the purpose of providing heating, cooling or domestic hot water;
2022/07/06
Committee: ITRE
Amendment 623 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 2 a (new)
2 a. By 1 December 2025, the Commission shall adopt a delegated act in accordance with Article 29 to supplement this Directive by setting out the criteria and specifications for the definition of a D rating that embarks minimum performance recommendations for the envelope, consistent with paragraph 2 of Article 16 and Annexes I and V of this Directive. The delegated act shall be based on the best available scientific data.
2022/05/25
Committee: ENVI
Amendment 624 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are issued by independent experts following an on-site visit and that the template for energy performance certificates is based on clear logos, pictograms and easily readable sections indicating a range of projected costs as well as the next renovation steps for the owner or tenant.
2022/05/25
Committee: ENVI
Amendment 631 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 49 – point b
(b) it allows for the calculation of a specific primary energy factor valid only for the energy from renewable sources produced within that local or district level perimeter set by the Member States; and
2022/07/06
Committee: ITRE
Amendment 633 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 6
6. The recommendations shall include a well-displayed indication of the remaining lifespan of the space and water heating systems and the air conditioning systems, and an assessment of whether the space and water heating or air- conditioning system can be adapted to operate at more efficient temperature settings, such as low temperature emitters for water based heating systems, including the required design of thermal power output and temperature/flow requirements.
2022/05/25
Committee: ENVI
Amendment 636 #

2021/0426(COD)

11. Member States shall make simplified procedures for updating an energy performance certificate available where only individual elements are upgraded (single or standalone measures) in order to reduce the cost of issuance of the updated certificate.
2022/05/25
Committee: ENVI
Amendment 637 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 11 – subparagraph 2
Member States shall make simplified procedures for updating an energy performance certificate available where measures identified in a renovation passport are put in place in order to reduce the cost of issuance of the updated certificate.
2022/05/25
Committee: ENVI
Amendment 638 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 53
53. ‘self-used’ means part of on-site or nearby produced renewable energy used simultaneously by on-site technical systems for EPB services;
2022/07/06
Committee: ITRE
Amendment 639 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 11 a (new)
11 a. In addition to the energy performance certificates framework referred to in this article, Member States shall define standards for different building archetypes as well as maximum limits on energy need for heating that would allow buildings to be heated with low temperatures heating by 31 December 2025 at the latest. The Commission shall publish guidance for the development of such a metric in an implementing act by 31 December 2024 at the latest.
2022/05/25
Committee: ENVI
Amendment 642 #

2021/0426(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 57 a (new)
57 a. 'pre-cabling' means all measures that are necessary to enable the installation of electric vehicle recharging points, including cable routes, spaces for transformers and electricity meters, and potential revision of the electrical board.;
2022/07/06
Committee: ITRE
Amendment 657 #

2021/0426(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
1. Each Member State shall establish a national building renovation planThe Commission shall be empowered to adopt a Delegated Act specifying a methodology to calculate the annual renovation rate. Each Member State shall establish a national building renovation plan support reaching the annual renovation rate laid out in this paragraph and to ensure the renovation of the national stock of residential and non- residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, with the objective to transform existing buildings into zero- emission buildings, in line with the energy efficiency first principle.
2022/07/06
Committee: ITRE
Amendment 665 #

2021/0426(COD)

Proposal for a directive
Annex I – point 4 – point b a (new)
(b a) capacity of installed decentralised energy resources, including on-site renewables, bidirectional electric vehicle charging infrastructure, demand-response and storage;
2022/05/25
Committee: ENVI
Amendment 669 #

2021/0426(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) a roadmap with nationally established targets and measurable progress indicators, and specific timelines for all existing buildings to achieve higher energy performance classes by 2030, 2040 and 2050, with a view to the 2050 climate neutrality goal, in order to ensure a highly energy efficient and decarbonised national building stock and the transformation of existing buildings into zero-emission buildings by 2050;
2022/07/06
Committee: ITRE
Amendment 674 #

2021/0426(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) an overview of implemented and planned policies and measures, supporting the implementation of the roadmap pursuant to point (b) and ensuring coherence with and contribution to the goals of the Directive 2008/50/EC; and
2022/07/06
Committee: ITRE
Amendment 683 #

2021/0426(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
The roadmap referred to in point (b) shall include national targets for 2030, 2040 and 2050 as regards the annual energy renovation rate, phase-out of fossil fuels for heating aiming at a complete phase out by 2035, the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions, the share of renewable energy; specific timelines for buildings to achieve higher energy performance classes than those pursuant to Article 9(1), by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings; an evidence- based estimate of expected energy savings and wider benefits; such as improved indoor climate, and estimations for the contribution of the building renovation plan to achieving the Member State's binding national target for greenhouse gas emissions pursuant to Regulation (EU) .../… [revised Effort Sharing Regulation], the Union’s energy efficiency targets in accordance with Directive (EU) …/…. [recast EED], the Union’s renewable energy targets, including the indicative target for the share of energy from renewable sources in the building sector in accordance with Directive (EU) 2018/2001 [amended RED], and the Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119.
2022/07/06
Committee: ITRE
Amendment 692 #

2021/0426(COD)

Proposal for a directive
Article 3 – paragraph 2
2. Every five years, each Member State shall prepare and submit to the Commission a draft of its building renovation plan, using the template in Annex II. This exercise shall be coordinated together with the comprehensive heating and cooling assessment under article 23 Recast EED […]Each Member State shall submit its draft building renovation plan as part of its draft integrated national energy and climate plan referred to in Article 9 of Regulation (EU) 2018/1999 and, where the Member States submits a draft update, its draft update referred to in Article 14 of that Regulation. By way of derogation from Article 9(1) and Article 14(1) of that Regulation, Member States shall submit the first draft building renovation plan to the Commission by 30 June 2024.
2022/07/06
Committee: ITRE
Amendment 701 #

2021/0426(COD)

(a a) renewable energy sources for heating and cooling have been sufficiently considered and analysed;
2022/07/06
Committee: ITRE
Amendment 704 #

2021/0426(COD)

Proposal for a directive
Article 3 – paragraph 4 – point e a (new)
(e a) the plan duly takes into account the objectives of the Directive 2008/50/EC and ensures the coherence with the respective legislation and the protection of the environment and human health;
2022/07/06
Committee: ITRE
Amendment 715 #

2021/0426(COD)

Proposal for a directive
Annex IV – point 2 – point c a (new)
(c a) the ability of a building to store energy and release it back into the building or to the grid as electricity when it is required allowing for the active participation of buildings in the electricity system
2022/05/25
Committee: ENVI
Amendment 717 #

2021/0426(COD)

Proposal for a directive
Article 4 – paragraph 1
Member States shall apply a methodology for calculating the energy performance of buildings and building elements that form part of the building envelope, in accordance with the common general framework set out in Annex I.
2022/07/06
Committee: ITRE
Amendment 721 #

2021/0426(COD)

Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. Member States shall take the necessary measures to ensure that minimum energy performance requirements for buildings or building units are set with a view to at least achieving cost-optimal levels and higher reference values such as nearly zero-energy building requirements and zero-emission buildings requirements. The energy performance shall be calculated in accordance with the methodology referred to in Article 4. Cost-optimal levels shall be calculated in accordance with the comparative methodology framework referred to in Article 6 .
2022/07/06
Committee: ITRE
Amendment 722 #

2021/0426(COD)

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Member States shall take the necessary measures to ensure that minimum energy performance requirements are set for building elements that form part of the building envelope andnd renovation obligations are set for all building elements that have a significant impact on the energy performance of the building envelopeergy consumption when they are replaced or retrofitted, at specific trigger points, with a view to achieving at least cost-optimal levels and higher reference values such as nearly zero-energy building requirements and zero-emission building requirements. The energy performance of building elements shall be calculated in accordance with the methodology referred to in Article 4.
2022/07/06
Committee: ITRE
Amendment 724 #

2021/0426(COD)

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 3
Those requirements shall take account of general indoor climate conditionensure a healthy indoor climate through optimal indoor environmental quality levels, in order to avoid possible negative effects such as inadequate ventilation, overheating, lack of daylight, noise, as well as local conditions and the designated function and the age of the building.
2022/07/06
Committee: ITRE
Amendment 735 #

2021/0426(COD)

Proposal for a directive
Article 5 – paragraph 3 – point a a (new)
(a a) single buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance and where alternatives have been assessed and where compliance can only be achieved by highly disproportionate measures;
2022/07/06
Committee: ITRE
Amendment 737 #

2021/0426(COD)

Proposal for a directive
Article 5 – paragraph 3 – point b
(b) temporary buildings with a time of use of two years or less, industrial sites, workshops, depots and non-residential agriculturalservice buildings with very low energy demand andand heating or cooling demand, infrastructural supply stations, such as transformer stations, substations, pressure control plants, railway constructions, as well as non-residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance;
2022/07/06
Committee: ITRE
Amendment 747 #

2021/0426(COD)

Proposal for a directive
Article 6 – paragraph 2 – introductory part
2. Member States shall calculate cost- optimal levels of minimum energy performance requirements using the comparative methodology framework established in accordance with paragraph 1, taking total greenhouse gas emission from a life-cycle global warming potential (GWP) perspective into account, and relevant parameters, such as climatic conditions and the practical accessibility of energy infrastructure, and compare the results of that calculation with the minimum energy performance requirements in force.
2022/07/06
Committee: ITRE
Amendment 762 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 1 – point a
(a) as of 1 January 20275, new buildings occupied or owned by public authorities; and
2022/07/06
Committee: ITRE
Amendment 767 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 1 – point b
(b) as of 1 January 203027, all new buildings;
2022/07/06
Committee: ITRE
Amendment 770 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 1 a (new)
1 a. Member States shall, no later than January 1st 2027, publish a calendar detailing their intentions for introducing limit values on the GWP of all new buildings.
2022/07/06
Committee: ITRE
Amendment 772 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that the life-cycle Global Warming Potential (GWP) is calculatedrelated to building materials is calculated from environmental product declarations and the building’s use phase is calculated from emission factors based on energy projections, in accordance with Annex III and disclosed through the energy performance certificate of the building:
2022/07/06
Committee: ITRE
Amendment 775 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a
(a) as of 1 January 2027, for all new buildings with a useful floor area larger than 2000 square meters; andeleted
2022/07/06
Committee: ITRE
Amendment 783 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b
(b) as of 1 January 203027, for all new buildings.
2022/07/06
Committee: ITRE
Amendment 786 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 2 a (new)
2 a. To ensure reductions in embedded greenhouse gas emissions, Member States shall introduce maximum limits on the total cumulative life-cycle global warming potential of materials that are allowed to be contained in new buildings: (a) as of 1 January 2029, for all new buildings with a useful floor area larger than 2000 square metres;and (b) as of 1 January 2031, for all new buildings. In setting maximum limits on the total cumulative life cycle Global Warming Potential, Member States shall determine appropriate benchmarks based on reported data in previous years for the relevant subcategories of buildings, as per the requirements set out in paragraph 2. The Commission shall issue guidance, share evidence on existing national policies and offer technical support to Member States as requested for the purpose of determining appropriate national benchmark values. These maximum limits shall decline over time in line with the Union’s objectives to achieve climate neutrality by 2050.
2022/07/06
Committee: ITRE
Amendment 794 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Directive in order to adapt Annex III to technological progress and innovation with a view to achieve the EU 2050 goals, to set adapted maximum energy performance thresholds in Annex III to renovated buildings and to adaptsubsequently decrease, with focus on cost efficiency, the maximum energy performance thresholds for zero-emission buildings for new construction.
2022/07/06
Committee: ITRE
Amendment 800 #

2021/0426(COD)

Proposal for a directive
Article 7 – paragraph 4
4. Member States shall address, in relation to new buildings, the issues of healthy indoor climate conditions, through optimal indoor environmental quality levels, adaptation to climate change, fire safety, risks related to intense seismic activity and accessibility for persons with disabilities. Member States shall also address carbon removals associated to carbon storage in or on buildings.
2022/07/06
Committee: ITRE
Amendment 811 #

2021/0426(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. Member States shall take the necessary measures to ensure that when buildings undergo major renovation, the energy performance of the building or the renovated part thereof is upgraded in order to meet minimum energy performance requirements set in accordance with Article 5, and low temperature heating fit in so far as that is technically, functionally and economically feasible. The renovation must be reported as a step in the staged deep renovation passport scheme in accordance with Article 10.
2022/07/06
Committee: ITRE
Amendment 818 #

2021/0426(COD)

Proposal for a directive
Article 8 – paragraph 2
2. Member States shall in addition take the necessary measures to ensure that when a building element that forms part of the building envelope and has a significant impact on the energy performance of the building envelope is retrofitted or replaced, the energy performance of the building element meets minimum energy performance requirements in so far as that is technically, functionally and economically feasible. The renovation must be reported as a step in the staged deep renovation passport scheme in accordance with Article 10.
2022/07/06
Committee: ITRE
Amendment 841 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a – point i
(i) after 1 January 2027, at least energy performance class FD; and
2022/07/06
Committee: ITRE
Amendment 848 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a – point ii
(ii) after 1 January 2030, at least energy performance class EC;
2022/07/06
Committee: ITRE
Amendment 861 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point b – introductory part
(b) non-residential buildings and building units, other than those owned by public bodies, achieve at the latest
2022/07/06
Committee: ITRE
Amendment 862 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point b – point i
(i) after 1 January 2027, at least energy performance class FD; and
2022/07/06
Committee: ITRE
Amendment 875 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point b – point ii
(ii) after 1 January 2030, at least energy performance class EC;
2022/07/06
Committee: ITRE
Amendment 890 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c – point i
(i) after 1 January 2030, at least energy performance class FD; and
2022/07/06
Committee: ITRE
Amendment 899 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c – point ii
(ii) after 1 January 2033, at least energy performance class EC;
2022/07/06
Committee: ITRE
Amendment 928 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 2 – introductory part
2. In addition to the minimum energy performance standards established pursuant to paragraph 1, each Member State mayshall establish minimum energy performance standards for the renovation of all other existing buildings.
2022/07/06
Committee: ITRE
Amendment 937 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 3 – point b
(b) providing technical assistance, including information services, administrative support and integrated renovation services through one-stop- shops;
2022/07/06
Committee: ITRE
Amendment 944 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 3 – point d
(d) removing non-economic barriers, including split incentives; and
2022/07/06
Committee: ITRE
Amendment 949 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 3 – point e a (new)
(e a) promote energy storage for renewable energy to enable renewable energy self-consumption and reduce volatility;
2022/07/06
Committee: ITRE
Amendment 950 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 3 – point e b (new)
(e b) promoting and incentivising the cost-effective early replacement of heaters, and any needed resulting optimisation of the related technical building systems.
2022/07/06
Committee: ITRE
Amendment 959 #

2021/0426(COD)

Proposal for a directive
Article 9 – paragraph 5 – point c
(c) temporary buildings with a time of use of two years or less, industrial sites, workshops, depots and non-residential agriculturalinfrastructural supply stations, such as transformer stations, substations, pressure control plants, railway constructions, as well as service buildings with very low energy and heating or cooling demand and non-residential agricultural buildings which are used by a sector covered by a national sectoral agreement on energy performance;
2022/07/06
Committee: ITRE
Amendment 980 #

2021/0426(COD)

Proposal for a directive
Article 10 – paragraph 2
2. By 31 December 2024, Member States shall introduce a scheme of renovation passports based onimplementing the common framework established in accordance with paragraph 1.
2022/07/06
Committee: ITRE
Amendment 988 #

2021/0426(COD)

Proposal for a directive
Article 10 – paragraph 3 – point b
(b) it shall comprise a holistic renovation roadmap indicating a maximum number of sequence ofd renovation steps building upon each other, in accordance with the Energy Efficiency First Principle, with the objective to transform the building into a zero-emission building by 2050 at the latest;
2022/07/06
Committee: ITRE
Amendment 998 #

2021/0426(COD)

Proposal for a directive
Article 10 – paragraph 3 – point d
(d) it shall contain information about potential financial and technical support.; and
2022/07/06
Committee: ITRE
Amendment 1002 #

2021/0426(COD)

Proposal for a directive
Article 10 – paragraph 3 – point d a (new)
(d a) it shall contain information about indoor climate levels and indicate renovations sequences leading to its improvement.
2022/07/06
Committee: ITRE
Amendment 1009 #

2021/0426(COD)

Proposal for a directive
Article 11 – paragraph 1 – introductory part
1. Member States shall, for the purpose of optimising the energy use of technical building systems, set system requirements using energy saving technologies, in respect of the overall energy performance, the proper installation, and the appropriate dimensioning, adjustment and control of the technical building systems which are installed in new or existing buildings. When setting up the requirements, Member States shall take account of design conditions and typical or average operating conditions.
2022/07/06
Committee: ITRE
Amendment 1015 #

2021/0426(COD)

Proposal for a directive
Article 11 – paragraph 1 a (new)
1 a. Member States shall ensure that the replacement of outdated and inefficient technical building systems is part of the steps set out in a renovation passport, in accordance with the Energy Efficiency First Principle as defined by (18) of Article 2 of Regulation (EU) 2018/1999.
2022/07/06
Committee: ITRE
Amendment 1019 #

2021/0426(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall require new buildings, where technically and economically feasible, to be equipped with self- regulating devices for the separate regulation of the temperature in each room or, where justified, in a designated heated or cooled zone of the building unit. In existing buildings, the installation of such self- regulating devices shall be required when heat or cold generators are replaced, where technically and, in andy economically feasiblevent, at the latest by December 2026.
2022/07/06
Committee: ITRE
Amendment 1021 #

2021/0426(COD)

Proposal for a directive
Article 11 – paragraph 3
3. Member States shall require zero- emission buildings to be equipped with measuring and control devices for the monitoring and regulation of indoor air and environmental quality. In new and existing buildings, residential and non- residential buildings with an effective rated output for heating systems, cooling systems or systems for combined space heating and cooling over 70kW, public buildings and buildings providing social services, such as education, health and social assistance, the installation of such devices shall be required by 31 December 2026, where technically and economically feasible, at relevant unit level when a building undergoes a major renovation. The Indoor Air or Environmental Quality indicators to be monitored should at least include: (a) Carbon dioxide (CO2); (b) Temperature (T). Member States shall ensure that selected data on indoor air quality collected through such devices is uploaded to the national database for energy performance of buildings pursuant to Article 19.
2022/07/06
Committee: ITRE
Amendment 1029 #

2021/0426(COD)

Proposal for a directive
Article 11 – paragraph 4
4. Member States shall ensure that, when a technical building system or part of it is installed or altered, the overall energy performance of the altered part, and where relevant,and, where applicable, life-cycle GWP performance of the complete altered system, is assessedimproved and supported by in-use performance data. The results shall be documented and passed on to the building owner and tenant, so that they remain available and can be used for the verification of compliance with the minimum requirements laid down pursuant to paragraph 1 and the issue of energy performance certificates.
2022/07/06
Committee: ITRE
Amendment 1032 #

2021/0426(COD)

Proposal for a directive
Article 11 – paragraph 4 a (new)
4 a. The Commission shall adopt delegated acts to develop an EU Indoor Environmental Quality framework and calculation methodologies.
2022/07/06
Committee: ITRE
Amendment 1034 #

2021/0426(COD)

Proposal for a directive
Article 11 – paragraph 4 b (new)
4 b. Member States shall require new buildings and existing buildings when replacing heat or cold generators and, in any event, by 31 December 2026 to be equipped with static or dynamic balancing at relevant zone level for Technical Building Systems;
2022/07/06
Committee: ITRE
Amendment 1035 #

2021/0426(COD)

Proposal for a directive
Article 11 – paragraph 4 c (new)
4 c. Member States shall lay down requirements to ensure that, where technically and economically feasible, non-residential buildings with an effective rated output for heating systems, cooling systems or systems for combined space heating, cooling and ventilation of over 290 kW are equipped with building automation and control systems by 31 December 2024 by 2025.The threshold for the effective rated output shall be lowered to 70 kW removed by 31 December 2029 for new non-residential buildings.The requirements should be considered as economically feasible when the return on investments is inferior to 6 years. The building automation and control systems shall be capable of: (a) continuously monitoring, logging, analysing and allowing for adjusting energy use; (b) benchmarking the building’s energy efficiency, detecting losses in efficiency of technical building systems, and informing the person responsible for the facilities or technical building management about opportunities for energy efficiency improvement; (c) allowing communication with connected technical building systems and other appliances inside the building, and being interoperable with technical building systems across different types of proprietary technologies, devices and manufacturers; (c a) testing the building’s indoor air quality; (c b) The Commission shall adopt delegated acts to develop a common standardised data template to identify which inspection data can be provided digitally to simplify and, enhance use digital inspections;and (c c) Member States shall clearly identify, frame and justify the parameters defining economic feasibility.
2022/07/06
Committee: ITRE
Amendment 1036 #

2021/0426(COD)

Proposal for a directive
Article 11 – paragraph 4 d (new)
4 d. Member States shall lay down requirements to ensure that from 1 January 2025, new residential buildings and residential buildings undergoing major renovations with an effective rated output for heating systems or systems for combined space heating, cooling and ventilation of under 70 kW are equipped with: (a) the functionality of continuous electronic monitoring of systems in the building at the relevant building and unit level that measures efficiency and informs building owners or managers in case of significant variation and when system servicing is necessary; (b) effective control and balancing functionalities to allow optimisation of generation, distribution, storage and use of energy; (c new) where technically and economically feasible, demand side flexibility; (d new) effective indoor air quality monitoring system, to ensure occupants’ health and safety; (e new) benchmarking the building’s energy efficiency, detecting losses in efficiency of technical building systems, and informing the person responsible for the facilities or technical building management about opportunities for energy efficiency improvement, and; (f new) allowing communication with connected technical building systems and other appliances inside the building, and being interoperable with technical building systems across different types of proprietary technologies, devices and manufacturers.
2022/07/06
Committee: ITRE
Amendment 1037 #

2021/0426(COD)

Proposal for a directive
Article 11 – paragraph 4 e (new)
4 e. Buildings that comply with Article 11, paragraph 5 and 6 shall be exempt from the requirements laid down in Article 20 paragraph 1.
2022/07/06
Committee: ITRE
Amendment 1040 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 1 – introductory part
1. With regard to new non-residential buildings and non-residential buildings undergoing major renovation, with more than fivthree parking spaces, Member States shall ensure:
2022/07/06
Committee: ITRE
Amendment 1086 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 4 – introductory part
4. With regard to new residential buildings and residential buildings undergoing major renovation, with more than three parking spaces, and buildings owned by public authorities with more than ten parking spaces, Member States shall ensure:
2022/07/06
Committee: ITRE
Amendment 1114 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 5
5. Member States may decide not to apply paragraphs 1, 2 and 4 to specific categories of buildings where the pre- cabling required would rely on micro isolated systems or the buildings are situated in the outermost regions within the meaning of Article 349 TFEU, if this would lead to substantial problems for the operation of the local energy system and would endanger the stability of the local grid. In this case, the regulatory authority shall conduct an assessment with relevant stakeholders, including distribution system operators, e-mobility operators, flexibility aggregators and local authorities, to determine whether the installation of an energy storage facility would mitigate potential substantial problems to the operation and stability of the local grid;
2022/07/06
Committee: ITRE
Amendment 1117 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 6
6. Member States shall ensure that the recharging points referred to in paragraphs 1, 2 and 4 and 5 are digitally connected and are capable of smart charging and, where appropriate, bidirectional charging, and that they are operated based on non- proprietary and non-discriminatory communication protocols and standards, in an interoperable manner, and in compliance with any legal standards and protocols in the delegated acts adopted pursuant to Article 19(6) and Article 19(7) of Regulation (EU) …/… [AFIR].
2022/07/06
Committee: ITRE
Amendment 1120 #

2021/0426(COD)

Proposal for a directive
Article 12 – paragraph 6 a (new)
6 a. Existing private recharging points and recharging points referred to in paragraphs 1, 2 and 4 shall be subject to an assessment by the regulatory authority in consultation with relevant stakeholders, such as distribution system operators, e- mobility operators and flexibility aggregators, to determine if the installation of bidirectional recharging functionalities and supporting energy storage facilities are appropriate.
2022/07/06
Committee: ITRE
Amendment 1138 #

2021/0426(COD)

Proposal for a directive
Article 13 – paragraph 1 a (new)
1 a. The Commission shall review this delegated act by the end of 2024 at the latest, in the light of the experience gained and progress made during its application and implementation by Member States.
2022/07/06
Committee: ITRE
Amendment 1139 #

2021/0426(COD)

Proposal for a directive
Article 13 – paragraph 2
2. The Commission shall, by 31 December 20254, adopt a delegated act in accordance with Article 29, requiring the mandatory application of the common Union scheme for rating the smart readiness of buildings, in accordance with Annex IV, to non- residential buildings with an effective rated output for heating systems, air-conditioning systems, or systems for combined space heating, air- conditioning and ventilation of over 290 kW. The threshold for the effective rated output shall be lowered to 70 kW by 31 December 2029.
2022/07/06
Committee: ITRE
Amendment 1143 #

2021/0426(COD)

Proposal for a directive
Article 13 – paragraph 4 – introductory part
4. The Commission shall, by 31 December 20254, and after having consulted the relevant stakeholders, adopt an implementing act detailing the technical modalities for the effective implementation of the application of the scheme referred to in paragraph 2 to non-residential buildings with an effective rated output for heating systems, air-conditioning systems, or systems for combined heating, air- conditioning and ventilation of over 290 kW.
2022/07/06
Committee: ITRE
Amendment 1144 #

2021/0426(COD)

Proposal for a directive
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that the building owners, tenants and/or managers can have direct access to their technical building systems’ data. AtUpon their request, the access orconsent, the data shall be made available to a third party locally, at the building system's interface. The right of access excludes data stored and processed off- building site, including cloud-computing infrastructure. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 6.
2022/07/06
Committee: ITRE
Amendment 1153 #

2021/0426(COD)

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
For the purpose of this Directive, technical building systems data shall include at least all proportionate set of all relevant data related to the energy performance of building elements, the energy performance of building services, building automation and control systems, meters and charging points for e-mobilitymeters and charging points for e-mobility. Both processed and non-processed data will be accepted under the scope of this article, as long as they meet these requirements.
2022/07/06
Committee: ITRE
Amendment 1159 #

2021/0426(COD)

Proposal for a directive
Article 14 – paragraph 2
2. When laying down the rules regarding the management and exchange of data, Member States or, where a Member State has so provided, the designated competent authorities, shall specify the rules on the access to technical building systems data by eligible parties in accordance with this Article and the applicable Union legal framework.
2022/07/06
Committee: ITRE
Amendment 1162 #

2021/0426(COD)

Proposal for a directive
Article 14 – paragraph 3
3. No additional costs shall be charged to the building owner, tenant and/or manager for access to their data or for a request to make their data available to a third party. Member States shall be responsible for setting the relevant charges for access to data by other eligible parties such as financial institutions, aggregators, energy suppliers, energy services providers and National Statistical Institutes or other national authorities responsible for the development, production and dissemination of European statistics. Member States or, where applicable, the designated competent authorities, shall ensure that any charges imposed by regulated entities that provide data services are reasonable and duly justified. Member States shall incentivise the sharing of building systems data.
2022/07/06
Committee: ITRE
Amendment 1167 #

2021/0426(COD)

Proposal for a directive
Article 14 – paragraph 5
5. The Commission shall adopt implementing acts detailing interoperability requirements and non- discriminatory and transparent procedures for access to the data. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2) before December 31 2023. A consultation strategy shall be prepared setting out consultation objectives, targeted stakeholders and the consultation activities for preparing the implementing acts.
2022/07/06
Committee: ITRE
Amendment 1174 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall provide appropriate financing, support measures and other instruments able to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050, including by promoting and simplifying the use of public-private partnerships.
2022/07/06
Committee: ITRE
Amendment 1190 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 4
4. To support the mobilisation of investments, Member States shall promote the roll-out of enabling funding and financial tools, such as energy efficiency loans and mortgages for building renovation, energy performance contracting, fiscal incentives, on-tax schemes, on-bill schemes, guarantee funds, funds targeting deep renovations, funds targeting renovations with a significant minimum threshold of targeted energy savings and mortgage portfolio standards. They shall guide investments into an energy efficient public building stock, in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts. Member States shall ensure that information about available funding and financial tools is made available to the public in an easily accessible and transparent manner, including by digital means.
2022/07/06
Committee: ITRE
Amendment 1217 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 9 – introductory part
9. Member States shall link their financial measures for energy performance improvements in the renovation of buildings to the targeted orand achieved energy savings, as determined by one or more of the following criteria:
2022/07/06
Committee: ITRE
Amendment 1219 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 9 – point a
(a) the energy performance of the equipment or material used for the renovation; in which case, the equipment or material used for the renovation is to be installed by an installer with the relevant level of certification or qualification and shall comply with at least minimum energy performance requirements for, or higher reference values for improved performance of buildings elements nergy consumption;
2022/07/06
Committee: ITRE
Amendment 1221 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 9 – point d a (new)
(d a) the results of ex-post monitoring;
2022/07/06
Committee: ITRE
Amendment 1223 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 9 – point e
(e) the results of another relevant, accredited, transparent and proportionate method that shows the improvement in energy performance.
2022/07/06
Committee: ITRE
Amendment 1234 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 10
10. From 1 January 20274 at the latest, Member States shall not provide any financial incentives for the installation of boilers powered by fossil fuels, with the exception of those selected for investment, before 20274, in accordance with Article 7(1)(h)(i) third hyphen of Regulation (EU) 2021/1058 of the European Parliament and the Council45 on the European Regional Development Fund and on the Cohesion Fund and with Article 73 of Regulation (EU) 2021/2115 of the European Parliament and the Council46 on the CAP Strategic Plans. _________________ 45 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 46 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).
2022/07/06
Committee: ITRE
Amendment 1238 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 11 – introductory part
11. Member States shall incentivise deep renovation, as defined in Article 2 of this Directive, and sizeable programmes that address a high number of buildings and result in an overall reduction of at least 30 % of primary energy demand with higherwith proportionately increasing financial, fiscal, administrative and technical support, according to the level of performance achieved.
2022/07/06
Committee: ITRE
Amendment 1245 #

2021/0426(COD)

Proposal for a directive
Article 15 – paragraph 11 a (new)
11 a. Member States shall only provide financial support for renovations that either - attain at least an energy performance class C following a one-step renovation; - or form part of a staged deep renovation that results in the attainment of at least an energy performance class C within 5 years.
2022/07/06
Committee: ITRE
Amendment 1265 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
The energy performance certificate shall include the energy performance of a building expressed by a numeric indicator of primary and final energy use in kWh/(m2.y), and reference values such as minimum energy performance requirements , minimum energy performance standards, nearly zero- energy building requirements and zero- emission building requirements, in order to make it possible for owners or tenants of the building or building unit to compare and assess its energy performance.
2022/07/06
Committee: ITRE
Amendment 1267 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 1 a (new)
1 a. Member States shall ensure that by 2030 at the latest, all buildings have an energy performance certificate in place.
2022/07/06
Committee: ITRE
Amendment 1268 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 2
2. By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A shall correspond to zero-emission buildings as defined in Article 2, point (2), and the letter G shall correspond to the 15% worst- performing buildings in the national building stock at the time of the introduction of the scale. The letter D shall correspond to performance levels allowing for minimum demand response capacity, reflecting the implementation of sufficient envelope efficiency. This envelope shall be suitable either for the installation of flexible electric space, water heating and air conditioning systems or for the connection to a low- temperature district heating, to allow for both thermal comfort and flexible operation of the power grids. Member States shall ensure that the remaining classes (B to F)between A and D and between D and G have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory.
2022/07/06
Committee: ITRE
Amendment 1271 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 2
2. By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A shall correspond to zero-emission buildings as defined in Article 2, point (2)nergy buildings, where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources as defined in Annex III paragraph 1, as defined in Article 2, point (2), or the 15% most efficient buildings, and the letter G shall correspond to the 15% worst- performing buildings in the national building stock at the time of the introduction of the scale. Member States shall ensure that the remaining classes (B to F), between A and D and between D and G, have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory.
2022/07/06
Committee: ITRE
Amendment 1280 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 2 a (new)
2 a. By 1 December 2025, the Commission shall adopt a Delegated Act, in accordance with Article 29, to supplement this Directive by setting out the criteria and specifications for the definition of a 'low temperature ready building' that embarks minimum performance recommendations for the envelope, consistent with paragraph 2 of Article 16 and Annexes I and V of this Directive. The Delegated Act shall be based on the best available scientific data.
2022/07/06
Committee: ITRE
Amendment 1285 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are issued by independent experts following an on-site visit and that the template for energy performance certificates is based on clear logos, pictograms and easily readable sections indicating a range of projected costs, as well as the next renovation steps for the owner, tenant or manager.
2022/07/06
Committee: ITRE
Amendment 1291 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 4 – introductory part
4. The energy performance certificate shall include recommendations for the cost-effective improvement of the energy performance and, the reduction of operational greenhouse gases emissions and the improvement of indoor environmental quality performance of a building or building unit, unless the building or building unit already complies with the relevant zero-emission building standard .
2022/07/06
Committee: ITRE
Amendment 1296 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 5
5. The recommendations included in the energy performance certificate shall be technically feasible for the specific building and shall provide an estimate for the energy savings and, the reduction of operational greenhouse gas emissions, the improvement of the smart readiness indicator score for buildings which have to be equipped with the indicator as required by the Article 13 of the EPBD and the improvement of indoor environmental quality performance indicators. They may provide an estimate for the range of payback periods or cost- benefits over its economic lifecycle and information on financial incentives and technical assistance along with multiple benefits which are broadly associated with the achievement of the reference values, i.e., minimum energy performance standards, minimum energy performance requirements and zero-emission building standard. The recommendations shall also equally cover appropriate passive and active technologies.
2022/07/06
Committee: ITRE
Amendment 1300 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 5 a (new)
5 a. The recommendations included in the energy performance certificate shall equally cover appropriate passive and active technologies.
2022/07/06
Committee: ITRE
Amendment 1301 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 6
6. The recommendations shall include a well-displayed indication of the remaining lifespan of the space and water heating systems and the air conditioning systems, and an assessment of whether the space and water heating or air- conditioning system can be adapted to operate at more efficient temperature settings, such as low temperature emitters for water based heating systems, including the required design of thermal power output and temperature/flow requirements, in order to reduce the cost of issuance of the updated certificate.
2022/07/06
Committee: ITRE
Amendment 1305 #

2021/0426(COD)

7. The energy performance certificate shall provide an indication as to where the owner or tenant can receive more detailed information, including as regards the cost- effectiveness of the recommendations made in the energy performance certificate. The evaluation of cost effectiveness shall be based on a set of standard conditions, such as the assessment of energy savings and underlying energy prices and a preliminary cost forecast. In addition, it shall contain information on the steps to be taken to implement the recommendations. Other information on related topics, such as energy audits or incentives of a financial or other nature and financing possibilities , the safety of installed appliances, or advice on how to increase the climate resilience of the building, may also be provided to the owner or tenant.
2022/07/06
Committee: ITRE
Amendment 1313 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 11 – introductory part
11. Member States shall make simplified procedures for updating an energy performance certificate available where only individual elements are upgraded (single or standalone measures), in order to reduce the cost of issuance of the updated certificate.
2022/07/06
Committee: ITRE
Amendment 1315 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 11 – subparagraph 1
Member States shall make simplified procedures for updating an energy performance certificate available where measures identified in a renovation passport are put in place, in order to reduce the cost of issuance of the updated certificate, or in cases where a Building Digital Twin is used, and data of building performance can be exported.
2022/07/06
Committee: ITRE
Amendment 1319 #

2021/0426(COD)

Proposal for a directive
Article 16 – paragraph 11 a (new)
11 a. In addition to the energy performance certificates framework referred to in this article, Member States shall define standards for different building archetypes as well as maximum limits on energy need for heating that would allow buildings to be heated with low temperatures heating by 31 December 2025 at the latest. The Commission shall publish guidance for the development of such a metric in an Implementing Act by 31 December 2024 at the latest.
2022/07/06
Committee: ITRE
Amendment 1328 #

2021/0426(COD)

Proposal for a directive
Article 17 – paragraph 1 a (new)
1 a. Member States shall set the necessary measures to ensure that all existing buildings have an energy performance certificate by 2030.
2022/07/06
Committee: ITRE
Amendment 1336 #

2021/0426(COD)

Proposal for a directive
Article 18 – paragraph 2
2. Member States shall require that where a non-residential building, or a total useful floor area over 500 m2 of a building, for which an energy performance certificate has been issued in accordance with Article 17(1) is frequently visited by the public, the energy performance certificate is displayed in a prominent place clearly visible to the public.
2022/07/06
Committee: ITRE
Amendment 1353 #

2021/0426(COD)

Proposal for a directive
Article 19 – paragraph 6 a (new)
6 a. To support the efficient functioning of Digital Building Logbooks the Commission shall, by 31 December 2024, adopt delegated and implementing acts with a common template for: (a) a standardised approach for data collection, data management and interoperability and its legal framework; (b) linking existing databases.
2022/07/06
Committee: ITRE
Amendment 1359 #

2021/0426(COD)

Proposal for a directive
Article 20 – paragraph 2
2. Member States shall establish separate inspection schemes for the inspections of residential and non- residential systems, in line with the manufacturer’s instructions. Lower thresholds or specific trigger points shall be set for the inspections of residential systems.
2022/07/06
Committee: ITRE
Amendment 1361 #

2021/0426(COD)

Proposal for a directive
Article 20 – paragraph 4 – introductory part
4. The inspection shall include the assessment of theretrofitting the heat and air- conditioning generator or generators, circulation pumps, fans, all air and water distribution systems, hydronic balancing systems and control system. Member States may decide to include in the inspection schemes any additional building systems identified under Annex I.
2022/07/06
Committee: ITRE
Amendment 1364 #

2021/0426(COD)

Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1
The inspection shall include an assessment of the efficiency and sizing of the generator or generators and of its main components compared with the requirements of the building and consider the capabilities of the system to optimise its performance under typical or average operating conditions, using available energy saving technologies, and under changing conditions due to use variation. Where relevant, the inspection shall assess the feasibility of the system to operate under different and more efficient temperature settings, such as at low temperature for water-based heating systems, including via the design of thermal power output and temperature and flow requirements, while ensuring the safe operation of the system.
2022/07/06
Committee: ITRE
Amendment 1366 #

2021/0426(COD)

Proposal for a directive
Article 20 – paragraph 4 – subparagraph 3
Where no changes have been made to the system or to the requirements of the building following an inspection carried out pursuant to this Article , Member States may choose not to require the assessment of the main component sizing or the assessment of operation under different temperatures to be repeated. However, the manufacturer’s instructions shall always be duly followed.
2022/07/06
Committee: ITRE
Amendment 1367 #

2021/0426(COD)

Proposal for a directive
Article 20 – paragraph 7
7. Member States shall lay down requirements to ensure that, where technically and economically feasible, non-residential buildings with an effective rated output for heating systems or systems for combined space heating and ventilation of over 290 kW are equipped with building automation and control systems 31 December 2024 by. The threshold for the effective rated output shall be lowered to 70 kW by31 December 2029. The building automation and control systems shall be capable of: (a) continuously monitoring, logging, analysing and allowing for adjusting energy use; (b) benchmarking the building’s energy efficiency, detecting losses in efficiency of technical building systems, and informing the person responsible for the facilities or technical building management about opportunities for energy efficiency improvement; and (c) allowing communication with connected technical building systems and other appliances inside the building, and being interoperable with technical building systems across different types of proprietary technologies, devices and manufacturers.deleted
2022/07/06
Committee: ITRE
Amendment 1372 #

2021/0426(COD)

Proposal for a directive
Article 20 – paragraph 8
8. Member States shall lay down requirements to ensure that from 1 January 2025, new residential buildings and residential buildings undergoing major renovations are equipped with: (a) the functionality of continuous electronic monitoring that measures systems’ efficiency and informs building owners or managers when it has fallen significantly and when system servicing is necessary; and (b) effective control functionalities to ensure optimum generation, distribution, storage and use of energy.deleted
2022/07/06
Committee: ITRE
Amendment 1378 #

2021/0426(COD)

Proposal for a directive
Article 20 – paragraph 9
9. Buildings that comply with paragraph 7 or 8 shall be exempt from the requirements laid down in paragraph 1.deleted
2022/07/06
Committee: ITRE
Amendment 1380 #

2021/0426(COD)

Proposal for a directive
Article 21 – paragraph 1 – introductory part
1. An inspection report shall be issued after each inspection of a heating , ventilation or air-conditioning building automation and control system. The inspection report shall contain the result of the inspection performed in accordance with Article 20 and include recommendations for the cost-effective improvement of the energy performance and safety of the inspected system.
2022/07/06
Committee: ITRE
Amendment 1381 #

2021/0426(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Those recommendations may be based on a comparison of the energy performance of the system inspected with that of the best available feasible system, using energy saving technologies, and a system of similar type for which all relevant components achieve the level of energy performance required by the applicable legislation.
2022/07/06
Committee: ITRE
Amendment 1382 #

2021/0426(COD)

Proposal for a directive
Article 22 – paragraph 1 – introductory part
1. Member States shall ensure that the energy performance certification of buildings , the establishment of renovation passports, the smart readiness assessment, the inspection of heating systems and air- conditioning systems are carried out in an independent manner by qualified or certified experts using EN-certified test equipment, whether operating in a self- employed capacity or employed by public bodies or private enterprises.
2022/07/06
Committee: ITRE
Amendment 1387 #

2021/0426(COD)

Proposal for a directive
Article 23 – paragraph 1
1. Member States shall ensure the appropriate level of competence for building professionals and for construction companies carrying out integrated renovation works in line with Article 26 [recast EED].
2022/07/06
Committee: ITRE
Amendment 1391 #

2021/0426(COD)

Proposal for a directive
Article 23 – paragraph 2
2. Where appropriate and feasible, Member States shall ensure that certification or equivalent qualification schemes are available for providers of integrated renovation works, such as construction companies, where this is not covered by Article 18(3) of Directive (EU) 2018/2001 [amended RED] or Article 26 of Directive (EU) …/….[recast EED].
2022/07/06
Committee: ITRE
Amendment 1394 #

2021/0426(COD)

Proposal for a directive
Article 23 – paragraph 2 a (new)
2 a. Member States shall ensure that trained and qualified building professionals carrying out integrated renovation works are available in sufficient numbers to meet the targets set out in this Directive, including by setting up and promoting training programmes, in particular for micro and SMEs.
2022/07/06
Committee: ITRE
Amendment 1407 #

2021/0426(COD)

Proposal for a directive
Article 26 – paragraph 1
1. Member States shall prepare and run continuous information and awareness-raising campaigns that promote the interest and support of the general public for the improvement of energy efficiency of buildings and take the necessary measures to inform the owners or tenants of buildings or building units and all relevant market actors of the different methods and practices that serve to enhance energy performance. In particular, Member States shall take the necessary measures to provide tailor-made information to vulnerable households.
2022/07/06
Committee: ITRE
Amendment 1419 #

2021/0426(COD)

Proposal for a directive
Article 28 – paragraph 1
The Commission shall adopt delegated acts in accordance with Article 29 concerning the adaptation of points 4 and 5 of Annex I to technical progress and concerning the inclusion of an additional point providing guidance to Members States about the assessment of the energy performance of transparent building elements that form part of the building envelope.
2022/07/06
Committee: ITRE
Amendment 1423 #

2021/0426(COD)

Proposal for a directive
Annex I – point 1 – paragraph 3
The energy performance of a building shall be expressed by a numeric indicator of primary and final energy use per unit of reference floor area per year, in kWh/(m2.y) for the purpose of both energy performance certification and compliance with minimum energy performance requirements. The methodology applied for the determination of the energy performance of a building shall be transparent and open to innovation.
2022/07/06
Committee: ITRE
Amendment 1424 #

2021/0426(COD)

Proposal for a directive
Annex I – point 1 – paragraph 4
Member States shall describe their national calculation methodology based on Annex A of the key European standards on energy performance of buildings , namely EN ISO 52000-1, EN ISO 52003-1, EN ISO 52010- 1, EN ISO 52016-1, EN ISO 52018-1, EN 16798-1, EN 52120-1 and EN 17423 or superseding documents . This provision shall not constitute a legal codification of those standards.
2022/07/06
Committee: ITRE
Amendment 1427 #

2021/0426(COD)

Proposal for a directive
Annex I – point 2 – paragraph 1
Where product-specific regulations for energy-related products adopted under Regulation 2009/125/EC include specific product information requirements for the purpose of the calculation of energy performance and life-cycle GWP under this Directive, national calculation methods shall not require additional information.
2022/07/06
Committee: ITRE
Amendment 1429 #

2021/0426(COD)

Proposal for a directive
Annex I – point 2 – paragraph 2
The calculation of primary energy shall be based on dynamic and forward-looking primary energy factors, (distinguishing non-renewable, renewable and total) per energy carrier, which have to be recognised by the national authorities. Those primary energy factors may be based on national, regional or local information. Primary energy factors may be set on an annual, seasonal, monthly, daily or hourly basis or on more specific information made available for individual district systems .
2022/07/06
Committee: ITRE
Amendment 1431 #

2021/0426(COD)

Proposal for a directive
Annex I – point 2 – paragraph 3
Primary energy factors or weighting factors shall be defined by Member States. The choices made and data sources shall be reported according to EN 17423 or any superseding document. Member States may opt for an average EU primary energy factor for electricity established pursuant to Directive (EU) …/… [recast EED] instead of a primary energy factor reflecting the electricity mix in the country. In the application of those factors to the calculation of energy performance, Member States shall ensure that the optimal energy performance of the building envelope is pursued.
2022/07/06
Committee: ITRE
Amendment 1437 #

2021/0426(COD)

Proposal for a directive
Annex I – point 4 – point b
(b) heating installation and hot water supply, including their insulation and heat characteristics;
2022/07/06
Committee: ITRE
Amendment 1438 #

2021/0426(COD)

Proposal for a directive
Annex I – point 4 – point b a (new)
(b a) capacity of installed decentralised energy resources, including on-site renewables, bidirectional electric vehicle charging infrastructure, demand-response and storage;
2022/07/06
Committee: ITRE
Amendment 1439 #

2021/0426(COD)

Proposal for a directive
Annex I – point 4 – point d
(d) natural and mechanical ventilation which may include air-tightness, but also airing;
2022/07/06
Committee: ITRE
Amendment 1440 #

2021/0426(COD)

Proposal for a directive
Annex I – point 4 – point i a (new)
(i a) building automation and technical building management capabilities to monitor, control and optimize energy performance;
2022/07/06
Committee: ITRE
Amendment 1441 #

2021/0426(COD)

Proposal for a directive
Annex I – point 4 – point i b (new)
(i b) efficiency of electrical installations (IEC EN 60364-8-1).
2022/07/06
Committee: ITRE
Amendment 1442 #

2021/0426(COD)

Proposal for a directive
Annex I – point 5 – point d
(d) natural lighting.;
2022/07/06
Committee: ITRE
Amendment 1443 #

2021/0426(COD)

Proposal for a directive
Annex I – point 5 – point d a (new)
(d a) demand-side flexibility DSF capability should also betaken into account (EN 50491-12-1).
2022/07/06
Committee: ITRE
Amendment 1444 #

2021/0426(COD)

Proposal for a directive
Annex I – point 6 a (new)
6 a. For the purpose of expressing the indoor environmental performance of buildings, Member States shall lay down evidence-based numeric indicators for the main categories of indoor environmental quality.Indicators shall be laid down for at least indoor air quality and thermal comfort. Member States shall base those indicators on the key European existing standards on energy performance of buildings, namely EN 16798-1, EN 16798-3, EN15193, and guidelines, or their superseding versions.
2022/07/06
Committee: ITRE
Amendment 1447 #

2021/0426(COD)

Proposal for a directive
Annex III – point I – paragraph 1
The energy needs for heating and cooling and the total annual primary energy use of a new zero-emission building shall comply with the maximum thresholds indicated in the table below.
2022/07/06
Committee: ITRE
Amendment 1464 #

2021/0426(COD)

Proposal for a directive
Annex III – point I – paragraph 5
Only where, due to the nature of the building or lack of access to renewable energy communities or eligible district heating and cooling systems, it is technically not feasible to fulfil the requirements under the first paragraph, the total annual primary energy use may also be covered by renewable energy from the grid complying with criteria established at national level.
2022/07/06
Committee: ITRE
Amendment 1467 #

2021/0426(COD)

Proposal for a directive
Annex IV – point 2 – point b
(b) the ability to adapt its operation mode in response to the needs of the occupant while paying due attention to the availability of user-friendliness, maintaining healthy indoor climate conditions and the ability to report on energy use; and
2022/07/06
Committee: ITRE
Amendment 1468 #

2021/0426(COD)

Proposal for a directive
Annex IV – point 2 – point c
(c) the flexibility of a building’s overall electricity demand, including its ability to enable participation in active and passive as well as implicit and explicit demand response, in relation to the grid, for example through flexibility and load shifting capacities.;
2022/07/06
Committee: ITRE
Amendment 1469 #

2021/0426(COD)

Proposal for a directive
Annex IV – point 2 – point c a (new)
(c a) the ability of a building to store energy and release it back into the building or to the grid as electricity when it is required allowing for the active participation of buildings in the electricity system;
2022/07/06
Committee: ITRE
Amendment 1471 #

2021/0426(COD)

Proposal for a directive
Annex IV – point 2 – point c b (new)
(c b) the ability to improve its energy efficiency and overall performance through the use of energy saving technologies;
2022/07/06
Committee: ITRE
Amendment 1480 #

2021/0426(COD)

Proposal for a directive
Annex V – point 1 – point i a (new)
(i a) actual metered final energy use and final energy consumption in kWh or MWh;
2022/07/06
Committee: ITRE
Amendment 1482 #

2021/0426(COD)

Proposal for a directive
Annex V – point 1 – point i b (new)
(i b) performance indicators for the main categories of indoor environmental quality such as indoor air quality, thermal comfort, daylight and acoustic comfort;
2022/07/06
Committee: ITRE
Amendment 1484 #

2021/0426(COD)

Proposal for a directive
Annex V – point 1 – point i c (new)
(i c) number and type of charging points for electric vehicles;
2022/07/06
Committee: ITRE
Amendment 1485 #

2021/0426(COD)

Proposal for a directive
Annex V – point 1 – point i d (new)
(i d) the smart readiness indicator score, for buildings which must be equipped with it.
2022/07/06
Committee: ITRE
Amendment 1488 #

2021/0426(COD)

Proposal for a directive
Annex V – point 2 – point i
(i) type of most common transparent element (e.g. double glazed window);deleted
2022/07/06
Committee: ITRE
Amendment 1489 #

2021/0426(COD)

Proposal for a directive
Annex V – point 2 – point j
(j) results of the analysis on overheating risk (if available);
2022/07/06
Committee: ITRE
Amendment 1490 #

2021/0426(COD)

Proposal for a directive
Annex V – point 2 – point j a (new)
(j a) results of the analysis of a set of indicators and associated target values related to Daylight, Indoor Air Quality, Thermal comfort and Acoustic Quality as described in EN 16798-1;
2022/07/06
Committee: ITRE
Amendment 1492 #

2021/0426(COD)

Proposal for a directive
Annex V – point 2 – point j b (new)
(j b) results of the analysis of daylight conditions;
2022/07/06
Committee: ITRE
Amendment 1494 #

2021/0426(COD)

Proposal for a directive
Annex V – point 2 – point j c (new)
(j c) results on the analysis on airing potential;
2022/07/06
Committee: ITRE
Amendment 1495 #

2021/0426(COD)

Proposal for a directive
Annex V – point 2 – point j d (new)
(j d) results on the analysis on sound insulation;
2022/07/06
Committee: ITRE
Amendment 1503 #

2021/0426(COD)

(r a) a yes/no indication whether the building is equipped with fixed controls that monitor and optimise the operation of the technical building systems;
2022/07/06
Committee: ITRE
Amendment 1505 #

2021/0426(COD)

Proposal for a directive
Annex V – point 2 – point r b (new)
(r b) a yes/no indication whether the building complies with Building Automation and Control System requirements set out under Article 20;
2022/07/06
Committee: ITRE
Amendment 1508 #

2021/0426(COD)

Proposal for a directive
Annex V – point 2 – point r c (new)
(r c) a yes/no indication whether the building is equipped with self-regulating devices as set out under Article 11(2);
2022/07/06
Committee: ITRE
Amendment 1510 #

2021/0426(COD)

Proposal for a directive
Annex V – point 2 – point r d (new)
(r d) the Level of with Building Automation and Control System in the building in accordance with EN ISO 52120; and
2022/07/06
Committee: ITRE
Amendment 1511 #

2021/0426(COD)

Proposal for a directive
Annex V – point 2 – point r e (new)
(r e) a yes/no indication whether the building has Demand Side Flexibility capabilities (EN50491-12-1).
2022/07/06
Committee: ITRE
Amendment 1514 #

2021/0426(COD)

Proposal for a directive
Annex V – point 2 – paragraph 1 – point b
(b) the value of the smart readiness assessment (if available), including the value of supporting energy saving technologies;
2022/07/06
Committee: ITRE
Amendment 106 #

2021/0425(COD)

Proposal for a directive
Recital 5
(5) The Union has aims to cut greenhouse gas emissions and to promote modern, decentralised, efficient and integrated energy systems. It has therefore adopted a set of initiatives to reach that goal, including the energy system integration strategy and the hydrogen strategy published by the Commission in July 2020, which set out how to update the energy markets, including the decarbonisation of gas markets as well asand the report on a comprehensive European approach to energy storage (2019/2189(INI)), which together set out how to update the energy markets, including the decarbonisation of gas markets. These initiatives also call for transitioning to a more decentralised energy system with energy efficiency at its core, greater direct electrification of end- use sectors, prioritising demand-side solutions whenever they are more cost- effective than investments in energy infrastructure, greater focus on energy storage solutions, and using renewable fuels, including hydrogen, only for end- use applications where electrification is not feasible, not efficient or involves higher costs. The Union has also adopted a set of initiatives and mandatory targets to encourage decarbonisation in Regulation (EU) 2018/1999 and Regulation (EU) 2021/1119. This Directive should contribute to achieving these goals, ensuring security of supply and a well- functioning internal market for gases, including for hydrogen. , and facilitating efficient and integrated energy systems.
2022/07/15
Committee: ITRE
Amendment 125 #

2021/0425(COD)

Proposal for a directive
Recital 8
(8) In line with the EU Hydrogen Strategy, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwards for the purpose of decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors. All final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers, renewables self-consumption, renewable energy communities and citizen energy communities do not apply to the hydrogen system.
2022/07/15
Committee: ITRE
Amendment 182 #

2021/0425(COD)

Proposal for a directive
Recital 34
(34) FIn some instances, final customers should alsomay be able to consume, to store and to sell self- generated renewable gas and. To the extent that they are able to undertake these activities, these customers should be able to participate in all natural gas markets byincluding local supply, providing ancillary services to the system, for instance through and energy storage. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active customers.
2022/07/15
Committee: ITRE
Amendment 187 #

2021/0425(COD)

Proposal for a directive
Recital 35
(35) Recognising the role they can play in decarbonizing the energy system, certain categories of citizen energy initiatives should be recognised in the natural gas market at the Union level as ‘citizen energy communities’. These communities should facilitate the use of renewable gas in the natural gas system. In order to provide them winewable energy communities, pursuant to Directive (EU) 2018/2001, and citizen energy communities, under Directive (EU) 2019/944, can contribute to the production, storage and supply of renewable gas, helping to decarbonize the energy system. In particular, renewable energy communities can help contribute to the development of a local circular economy, particularly in rural regions. Where strict environmental standards, for instance to prevent meth an enabling framework, fair treatment, a level playing field e leakage, are respected, citizen energy communities cand a well-defined catalogue of rights and obligations should be laid down which generally reflects the membership structure, governance requirements and purpose of citizen energy communities in Directive (EU) 2019/944lso help consumers located further away from biogas production with the uptake of cleaner renewable gas offers. There is a need to provide a level playing field so that renewable gases, can be integrated into the natural gas system.
2022/07/15
Committee: ITRE
Amendment 191 #

2021/0425(COD)

Proposal for a directive
Recital 36
(36) The provisions on citizen energy communities do not preclude the existencDue to the concentrated nature of other citizen initiatives such as Renewable Energy Communities in Directive (EU) 2018/2001 or those stemming from private law agreements. Membership of citizen energy communities should be open to all categories of entities. However natural gas sector, and to prevent corporate capture, the decision-making powers within arenewable energy communities and citizen energy communityies should be limited to those members or shareholders that are not engaged in large-scale commercial activity and for which the energy sector does not constitute a primary area of economic activity. This meo avoid abuse ansd that citizen energy communities and individual members or shareholders need to be financially and economically independent from entities engaged in such activities, notwithstanding the possibility for citizen energy communities to delegate the management of tho ensure broad participation, renewable energy communities and citizen energy communities with activities in renewable gas should be capable of remaining autonomous from individual members and other traditional market actors that participate in the community as members or shareholders, or who cooperate through other means such as investment. This means that energy communities and individual members or shareholders need to be finstallations required for their activities, including installation, operation, data handling and maintenanceancially and economically independent from entities engaged in activities related to the energy community.
2022/07/15
Committee: ITRE
Amendment 252 #

2021/0425(COD)

Proposal for a directive
Recital 109
(109) Transmission system operators play an important role in ensuring cost effective investments in gas networks and that the Union’s climate and energy targets are met. For an optimised planning across energy carriers and to bridge the gap between the diverse national and EU-wide network planning approaches, additional requirements for consistent planning are introduced. The network planning should also take account of the increased interlinkages between natural gas and electricity, as well as hydrogen. Network planning must be transparent and science based and allow relevant stakeholders to participate. To that effect, independent scientific bodies, such as the European Scientific Advisory Board on Climate Change, established under Regulation (EU) 2021/1119 should be empowered to give advice in network planning development. The network development plan should integrate energy systems and prioritise according to end uses and promote energy system integration, and contribute to the prudent and rational utilisation of natural resources and the achievement of the Union’s climate and energy targets.
2022/07/15
Committee: ITRE
Amendment 254 #

2021/0425(COD)

Proposal for a directive
Recital 110
(110) When developing the network development plan, it is important that infrastructure operators take the energy efficiency first principle16 into account, in particular, the expected consumption used for the joint scenario development, the prioritisation of demand-side solutions whenever they are more cost-effective than investments in infrastructure, and the direct electrification of end-use sectors. _________________ 16 Commission Recommendation of 28.9/2021 on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond, COM (2021) 7014 final
2022/07/15
Committee: ITRE
Amendment 267 #

2021/0425(COD)

Proposal for a directive
Recital 113 a (new)
(113 a)Member States should introduce network development plans for distribution systems. These plans should support the regulatory authority in determining the need for expansion, upgrades or decommissioning of the network. These plans should in particular lay down a pathway that demonstrates the decommissioning of the gas networks for low temperature heating, such as the residential buildings sector, aiming at priority use for hydrogen for hard to abate sectors and to phase out the use of gas in the heating sector. These plans should be prepared following a process that is transparent and open to public consultation. The final plans should be made publicly available. The plans should be based on realistic and objective data on the foreseen demand and supply of gases and contribute to the achievement of the Union’s energy and climate targets. The network development plans for distribution systems should promote the energy efficiency first principle, energy system integration and energy storage and take into account the increased links between gas, electricity and heat networks as well as local heating and cooling plans.
2022/07/15
Committee: ITRE
Amendment 288 #

2021/0425(COD)

Proposal for a directive
Recital 143
(143) In order to provide the minimum degree of harmonisation required to achieve the aim of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of non-essential elements of certain specific areas which are fundamental for achieving the objectives of this Directive. 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-Making20 . 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 the delegated acts. _________________ 20 OJ L 123, 12.5.2016, p. 1The Commission should ensure that all documents and other information submitted to the Commission in connection with its adoption of the delegated act are publicly available.
2022/07/15
Committee: ITRE
Amendment 296 #

2021/0425(COD)

Proposal for a directive
Article 1 – paragraph 2
2. This Directive establishes rules for the transport, supply and storage of natural gas and the transition of the natural gas system to an integrated system based on renewable and low-carbon gases.
2022/07/15
Committee: ITRE
Amendment 303 #

2021/0425(COD)

Proposal for a directive
Article 1 – paragraph 4 a (new)
4 a. The rules established by this Directive shall promote energy system integration, contribute to the achievement of the Union’s climate and energy targets, and enables the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015.
2022/07/15
Committee: ITRE
Amendment 314 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
(2) ‘renewable gas’ means biogas as defined in Article 2, point (28)produced from waste and residue feedstock as listed in Annex IX - Part A of Directive 2018/2001, including biomethane, and renewable gaseous fuels part of fuels of non-biological origins (‘RFNBOs’) as defined in Article 2, point (36) of that Directive’; , which meets a life- cycle greenhouse gas emission reduction threshold of 70% compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001, Annex V.C.19 and shall comply with requirements, including additionality requirements as addressed in the Commission Delegated Regulation supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin. Biogas produced from food and feed-based crops and intermediate crops, as defined in Article 2, point (40) of Directive 2018/2001, and round wood including veneer, pulp logs, and stemwood shall not be considered renewable gas.
2022/07/15
Committee: ITRE
Amendment 337 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 10
(10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable fossil fuels sources, which meets a life-cycle greenhouse gas emission reduction threshold of 70%; compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001.
2022/07/15
Committee: ITRE
Amendment 341 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 11
(11) ‘low-carbon gas’ means the part of gaseous fuels in recycled carbon fuels as defined in Article 2, point (35) of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous fuels the energy content of which is derived from low-carbon hydrogen, which meet the life-cycle greenhouse gas emission reduction threshold of 70% compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001.
2022/07/15
Committee: ITRE
Amendment 348 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 12
(12) ‘low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 70% compared to the fossil fuel comparator of 94g CO2eq/MJ set out in Directive (EU) 2018/2001.
2022/07/15
Committee: ITRE
Amendment 381 #

2021/0425(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 70
(70) ‘citizen energy community’ means a legal entity that: (a) is based on voluntary and open participation and is effectively controlled by members or shareholders that are natural persons, local authorities, including municipalities, or small enterprises; (b) has for its primary purpose to provide environmental, economic or social community benefits to its members or shareholders or to the local areas where it operates rather than to generate financial profits; and (c) engages in production, distribution, supply, consumption, or storage of renewable gas in the natural gas system, or provides energy efficiency services or maintenance services to its members or shareholders;deleted
2022/07/15
Committee: ITRE
Amendment 457 #

2021/0425(COD)

Proposal for a directive
Article 5 – paragraph 5 a (new)
5 a. Any public service obligation or measure imposed or adopted pursuant to this article shall promote energy system integration, contribute to achieving the Union’s climate and energy targets and the Member State’s national energy and climate plan and long-term strategy adopted under Regulation (EU) 2018/1999, and enable the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015
2022/07/15
Committee: ITRE
Amendment 458 #

2021/0425(COD)

Proposal for a directive
Article 5 – paragraph 5 b (new)
5 b. Member States shall consult relevant stakeholders when imposing or adopting a public service obligation or measure pursuant to this article. Without prejudice to other consultation or transparency provisions set forth in Union or the Member State’s laws, when engaging in such consultations the Member State shall comply with the following: a. The consultations shall take place at an early stage and in an open, inclusive and transparent manner, involving at least the following stakeholders: i. relevant market participants, ii. regulatory authorities and other relevant regional, local, urban and national authorities, iii. supply and production undertakings, iv. network users including consumer organisations, v. transmission system operators, vi. distribution system operators, vii. relevant industry associations and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, energy storage operators, demand-response operators and organisations involved in energy efficiency solutions, and viii. research organisations and universities, where applicable.
2022/07/15
Committee: ITRE
Amendment 463 #

2021/0425(COD)

Proposal for a directive
Article 5 – paragraph 5 c (new)
5 c. All documents and minutes of meetings related to the consultations shall be made publicly available.
2022/07/15
Committee: ITRE
Amendment 473 #

2021/0425(COD)

Proposal for a directive
Article 7 – paragraph 2
2. Where Member States have a system of authorisation, they shall lay down objective and non-discriminatory criteria, and transparent procedures requiring public participation and the publication of information, which shall be met bywhen an undertaking applyingies for an authorisation to supply gases or to construct and/or operate natural gas facilities , hydrogen production facilities or hydrogen system infrastructure . The non- discriminatory criteria and procedures for the granting of authorisations shall be made publicly available. Member States shall ensure that authorisation procedures for such facilities, infrastructure, pipelines and associated equipment take into account the importance of the project for the internal market for gases where appropriate.
2022/07/15
Committee: ITRE
Amendment 511 #

2021/0425(COD)

Proposal for a directive
Article 8 – paragraph 5
5. By 31 December 20243, the Commission shall adopt delegated acts in accordance with Article 83 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels. The methodology shall ensure that, except for recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001. No credit for avoided emissions is notshall be given for carbon dioxide the capture of which has already received an emission credit under other provisions of law. The methodology established in the [Delegated Act establishing a minimum threshold for greenhouse gas emissions savings of recycled carbon fuels and specifying a methodology for assessing greenhouse gas emissions savings from renewable liquid and gaseous transport fuels of non- biological origin and from recycled carbon fuels] shall be used.
2022/07/15
Committee: ITRE
Amendment 548 #

2021/0425(COD)

Proposal for a directive
Article 13 – paragraph 1
1. Member States shall ensure that final customers are entitled to act as active customers without being subject to disproportionate or discriminatory technical requirements, administrative requirements, procedures and charges, and to network charges that are not cost- reflective. Member States shall ensure that active customers comply with applicable sustainability and greenhouse gas emissions savings criteria under Article 29 of Directive 2018/2001.
2022/07/15
Committee: ITRE
Amendment 562 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 1 – introductory part
1. Member States shall provide an enabling regulatory framework forensure that renewable energy communities and citizen energy communities ensuring that:
2022/07/15
Committee: ITRE
Amendment 564 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 1 – point a
(a) participation in a citizen energy community is open and voluntarye able to access all natural gas markets in a non-discriminatory manner;
2022/07/15
Committee: ITRE
Amendment 566 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 1 – point a a (new)
(a a) are treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers or distribution system operators or market participants; and
2022/07/15
Committee: ITRE
Amendment 567 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 1 – point a b (new)
(a b) are financially responsible for the imbalances they cause in the natural gas system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) XXX];
2022/07/15
Committee: ITRE
Amendment 569 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 1 – point b
(b) entitle members or shareholders of a citizen energy community are entitled to leave the community, in which case Article 11 applies;
2022/07/15
Committee: ITRE
Amendment 570 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 1 – point c
(c) members or shareholders of a citizen energy community do not lose their rights and obligations as household customers or active customers;deleted
2022/07/15
Committee: ITRE
Amendment 573 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 1 – point d
(d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate transfers of renewable natural gases within citizen energy communities;deleted
2022/07/15
Committee: ITRE
Amendment 581 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 1 – point e
(e) citizen energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to grid connection, registration and licensing, and to transparent, non- discriminatory and cost-reflective network charges, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the natural gas system.
2022/07/15
Committee: ITRE
Amendment 583 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 2 – introductory part
2. Member States may provide in the enabling regulatory framework that citizen energy communities:shall ensure that final customers, in particular household customers, are entitled to participate in a renewable energy community or citizen energy community while maintaining their rights or obligations as final customers, and without being subject to unjustified or discriminatory conditions or procedures that would prevent their participation in a citizen energy community, provided that for private undertakings, their participation does not constitute their primary commercial or professional activity.
2022/07/15
Committee: ITRE
Amendment 584 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 2 – point a
(a) are open to cross-border participation;deleted
2022/07/15
Committee: ITRE
Amendment 586 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 2 – point b
(b) are entitled to own, establish, purchase or lease distribution networks and to autonomously manage them subject to conditions set out in paragraph 4 of this Article;deleted
2022/07/15
Committee: ITRE
Amendment 589 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 2 – point c
(c) are subject to the exemptions provided for in Article 28(2);deleted
2022/07/15
Committee: ITRE
Amendment 591 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 3 – introductory part
3. Member States shall ensure that citizen energy communities:renewable energy communities and citizen energy communities engage in production, distribution, supply, consumption or storage of renewable gas. To this end, Member States shall ensure that renewable energy communities and citizen energy communities comply with applicable sustainability and greenhouse gas emissions savings criteria under Article 29 of Directive 2018/2001.
2022/07/15
Committee: ITRE
Amendment 592 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 3 – point a
(a) are able to access all natural gas markets in a non-discriminatory manner;deleted
2022/07/15
Committee: ITRE
Amendment 595 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 3 – point b
(b) are treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers or distribution system operators or market participants;deleted
2022/07/15
Committee: ITRE
Amendment 596 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 3 – point c
(c) are financially responsible for the imbalances they cause in the natural gas system or shall delegate their balancing responsibility in line with Article 3 (e) of [recast Gas Regulation as proposed in COM(2021) xxx];deleted
2022/07/15
Committee: ITRE
Amendment 598 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 3 – point d
(d) are treated like active customers in accordance with point (e) of paragraph 2 and points (a)(c) and (d) of Paragraph 4 of Article 13 [Active Customers];deleted
2022/07/15
Committee: ITRE
Amendment 599 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 3 – point e
(e) are entitled to arrange within the citizen energy community the sharing of renewable gas that are produced by the production units owned by the community, subject to other requirements laid down in this Article and subject to the community members retaining their rights and obligations as final customers.deleted
2022/07/15
Committee: ITRE
Amendment 601 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
For the purposes of the first subparagraph, point (e), where renewable natural gases are shared, this shall be without prejudice to applicable network charges, tariffs and levies, in accordance with a transparent cost-benefit analysis of distributed energy resources developed by the competent national authority.deleted
2022/07/15
Committee: ITRE
Amendment 605 #

2021/0425(COD)

Proposal for a directive
Article 14 – paragraph 4
4. Member States may decide to grant citizen energy communities the right to manage distribution networks in their area of operation and establish the relevant procedures, without prejudice to Chapter VI or to other rules and regulations applying to distribution system operators. Where such a right is granted, Member States shall ensure that citizen energy communities: (a) are allowed to transport non- renewable gas where such gas is for a natural gas customer who is not a member of the citizen energy community or is necessary for secure system operation; (b) are entitled to conclude an agreement on the operation of their network with the relevant distribution system operator or transmission system operator to which their network is connected; (c) are subject to appropriate network charges at the connection points between their network and the distribution network outside the citizen energy community; (d) do not discriminate or harm customers who remain connected to the distribution system.deleted
2022/07/15
Committee: ITRE
Amendment 652 #

2021/0425(COD)

Proposal for a directive
Article 27 – paragraph 3
3. This Article shall also apply to citizen energy communities that manage distribution networks.deleted
2022/07/15
Committee: ITRE
Amendment 772 #

2021/0425(COD)

Proposal for a directive
Article 51 – paragraph 1
1. At least every two years , all transmission system operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted the public and all relevant stakeholders. There shall be at least one single network development plan per Member State. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas system and the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan, and the information which the transmission system operator considered in developing the ten-year network development plan, shall be published and accessible on a website .
2022/07/15
Committee: ITRE
Amendment 783 #

2021/0425(COD)

Proposal for a directive
Article 51 – paragraph 2 – point b
(b) contain all the investments and demand-side solutions not requiring new infrastructure investments already decided, and identify new investments and demand-side solutions not requiring new infrastructure investments which have to be executed in the next three years;
2022/07/15
Committee: ITRE
Amendment 799 #

2021/0425(COD)

Proposal for a directive
Article 51 – paragraph 2 – point d
(d) provide for a time frame for all investment and decommissioning projects and all demand-side solutions not requiring new infrastructure investments;
2022/07/15
Committee: ITRE
Amendment 805 #

2021/0425(COD)

Proposal for a directive
Article 51 – paragraph 2 – point e
(e) be based on a joint scenario framework developeincorporating reasonable assumptions for the evolution of production, consumption and trade, and developed with input from all relevant stakeholders and between the relevant infrastructure operators, including relevant distribution system operators, of at least gas, hydrogen and electricity;
2022/07/15
Committee: ITRE
Amendment 812 #

2021/0425(COD)

Proposal for a directive
Article 51 – paragraph 2 – point g
(g) be in line withcontribute to achieving the integrated national energy and climate plan and its updates, and with the integrated national energy climate reports and long-term strategies submitted in accordance with Regulation (EU) 2018/1999, and support the GHG emissions reductions and climate- neutrality objectives set out in Articles 2(1)and 4(1), of Regulation (EU) 2021/1119.
2022/07/15
Committee: ITRE
Amendment 817 #

2021/0425(COD)

Proposal for a directive
Article 51 – paragraph 3
3. When elaborating the ten-year 3. network development plan, the transmission system operator shall fully take into account the potential for alternatives to system expansion, for instance the use of demand response, as well as expected consumption following the application of the energy efficiency first principle, trade with other countries and the Union-wide network development plan. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets Consistent with the energy efficiency first principle and energy system integration, the transmission system operator shall prioritise alternatives to system expansion and new infrastructure investment if such alternatives will more efficiently achieve the objectives to be met. The transmission system operator shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets. All infrastructure investments, decommissioning projects and demand-side solutions not requiring new infrastructure investments which are identified in the ten-year network development plan shall be supported by a cost-benefit analysis consistent with the methodologies set forth in Article 11 of Regulation (EU) 2022/869.
2022/07/15
Committee: ITRE
Amendment 829 #

2021/0425(COD)

Proposal for a directive
Article 51 – paragraph 4
4. The regulatory authority shall consult all actual or potential system users, all relevant stakeholders, on the ten-year network development plan in an open and transparent manner. Persons or undertakings claiming to be potential system users may be required to substantiate such claims. The regulatory authority shall publish the result of the consultation process, in particularcluding possible needs for investments., decommissioning of assets and demand-side solutions not requiring new infrastructure investments
2022/07/15
Committee: ITRE
Amendment 831 #

2021/0425(COD)

Proposal for a directive
Article 51 – paragraph 5 – introductory part
5. The regulatory authority shall examine and publish a decision as to whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the most recent Union wide simulation of disruption scenarios carried out by the ENTSO for Gas under Article 7 of Regulation (EU) 2017/1938, with the regional and national risk assessments and the non-binding Union -wide ten-year network development plan ( Union -wide network development plan) referred to in Article 30(1), point (b), of Regulation (EU) 2019/943 . If any doubt arises as to the consistency with the Union - wide network development plan, the regulatory authority shall consult ACER . The regulatory authority may shall require the transmission system operator to amend its ten-year network development plan. to resolve any identified inconsistencies with the considerations set forth in this paragraph. The competent national authorities shall examine and publish a report regarding the consistency of the ten-year network development plan with the national energy and climate plan and its updates, and with the integrated national energy climate reports and long- term strategies submitted in accordance with Regulation (EU) 2018/1999, the Union's climate and energy targets and the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030, compared to 2015. The European Scientific Advisory Board on Climate Change may review and give recommendations to amend the report. The transmission system operator shall amend its ten-year network development plan to resolve inconsistencies identified in the report, including as approved or amended
2022/07/15
Committee: ITRE
Amendment 854 #

2021/0425(COD)

Proposal for a directive
Article 51 – paragraph 8 a (new)
8 a. Without prejudice to other consultation or transparency provisions set forth elsewhere in Union or the relevant Member States’ laws, including this Directive and [the recast Regulation as proposed in COM(2021) xxx], when engaging in the public and stakeholder consultations set forth in paragraphs 1 and 4 of this Article, the transmission system operator and the regulatory authority shall comply with the following: a. The consultations shall be effective and extensive and shall take place at an early stage and in an open, inclusive and transparent manner, involving the public and at least the following stakeholders: i. relevant market participants, ii. regulatory authorities and other relevant regional, local, urban and national authorities, iii. supply and production undertakings, iv. network users including customers, v. transmission system operators, vi. distribution system operators, vii. relevant industry associations and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, demand-response operators and organisations involved in energy efficiency solutions, viii. technical bodies, ix. relevant bodies representing civil society, such as environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination, x. research organisations and universities, where appropriate, and xi. other relevant stakeholder platforms. Consultations shall aim at identifying the views and proposals of all relevant parties during the decision-making process. b. All documents and minutes of meetings related to the consultations shall be made public. c. Before the transmission system operator submits the ten-year network development plan to the regulatory authority for approval, and in the case of the regulatory authority before the regulatory authority issues its decision approving or ordering amendments to the plan, the transmission system operator and the regulatory authority, as the case may be, shall duly explain how the observations received during the consultation have been taken into consideration. They shall also duly justify all instances where observations have not been taken into account, or have only partially been taken into account. d. To ensure early and effective participation, the transmission system operator shall always publish its draft network development plan in advance, for comment by the public and the stakeholders referenced above. The transmission system operator shall ensure that the public and such stakeholders are informed in a timely, adequate, and effective manner, including through public notices and electronic media, of: i. the draft plan being developed; ii. all background documents and other information used for development of the draft plan; iii. a non-technical summary of the information referred to under points (i) and (ii); iv. practical arrangements for participation, including: 1. a timetable and work programme for the production of the plan; 2. the entities from which relevant information may be obtained; 3. the entities to which the public and stakeholders referenced above may submit comments, opinions or questions; 4. reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process; and 5. an explanation of the information made available or to be made available during the consultation.
2022/07/15
Committee: ITRE
Amendment 864 #

2021/0425(COD)

1. Hydrogen network operators shall submit to the regulatory authority and make publicly available, at regular intervals as determined by that authority, an overview of the hydrogen network infrastructure they aim to develop. That overview shall in particular:
2022/07/15
Committee: ITRE
Amendment 875 #

2021/0425(COD)

Proposal for a directive
Article 52 – paragraph 1 – point c
(c) promote energy system integration and the energy efficiency first principle, be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy and climate reports and long-term strategies submitted in accordance with Regulation (EU) 2018/1999 and support the emissions reduction and climate- neutrality objectives set out in Articles 2(1) and 4(1) of Regulation (EU) 2021/1119.; and
2022/07/15
Committee: ITRE
Amendment 878 #

2021/0425(COD)

(c a) set forth forecasted supply and demand for hydrogen, identifying specifically forecasts for renewable hydrogen and for priority sectors only, notably in energy-intensive industry, sustainable aviation fuels, and shipping fuels where alternatives to direct electrification are not yet pursuable.
2022/07/15
Committee: ITRE
Amendment 884 #

2021/0425(COD)

Proposal for a directive
Article 52 a (new)
Article 52 a Distribution network development plans and national distribution network decommissioning strategies 1. Each Member State shall establish a national strategy to reduce the use of gas. This strategy shall include a pathway setting out the priority use of renewable gases for hard to abate sectors, including national decommissioning strategies setting targets for the gas distribution networks. The Commission shall develop guidelines for such a decommissioning strategy. 2. The development of a distribution system shall be based on a network development plan that the distribution system operator shall publish at least every two years and shall submit to the regulatory authority for approval. The network development plan shall set out the planned investments and decommissioning targets of the network for the next five-to-ten years with particular emphasis on the main distribution infrastructure which will be decommissioned or will no longer require upgrading. Network development plans shall: a. be aligned with the Member State’s national energy and climate plan, national energy and climate report and long-term strategy submitted under Regulation (EU) 2018/1999, and contribute to the achievement of regional and national climate and energy targets for 2030 and 2050; b. promote priority use of renewable gases; c. prioritise renewables-based electrification, energy storage facilities or other available energy system resources as an alternative to system expansion where doing so is more efficient; d. take into account the comprehensive heating and cooling assessments and all relevant local heating and cooling plans as set out in [recast EED Article 23] in line with the objective of achieving climate neutrality by 2040 and a phase- out of all fossil fuels in heating and cooling, and a network utilisation rate scenario carried out by the regulatory authority to support the identification of assets that may need to be decommissioned within the next twenty years. 3. The network development plan shall be based on integrated modelling scenarios, which integrate the latest scientific evidence and climate objectives, and incorporate reasonable and objective assumptions on gas and electricity sectors demand, energy efficiency, electrification, and network demand for renewable and waste heat, and renewable hydrogen. The distribution system operator shall conduct a public consultation on the assumptions and modelling scenarios inviting all relevant energy market participants, local governments, relevant bodies representing civil society, such as environmental partners, non-governmental organisations and consumer associations. 4. The distribution system operator shall conduct an extensive public consultation on the draft network development plan. The consultation shall include relevant stakeholders, such as local authorities, the relevant energy system operators, including the electricity transmission and distribution operators, supply and production undertakings, network users including customers, relevant industry and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, demand-response operators and organisations involved in energy efficiency solutions, relevant bodies representing civil society (including environmental partners, non- governmental organisations), and consumer associations), research organisations and universities where appropriate. To ensure early and effective participation, the distribution system operator shall publish a draft of the network development plan in advance for comments. 5. The distribution system operator shall publish the results of the consultation processes along with the draft network development plan, and submit the results of the consultation and the draft network development plan to the regulatory authority. At the same time, the distribution system operator shall duly explain how the observations received during the consultation have been taken into consideration, and it shall duly justify all instances where observations have not been taken into account, or have only partially been taken into account. 6. The regulatory authority may approve or reject the draft network plan and may request amendments to the plan before approval. 7. Member States may decide not to apply the obligation set out in paragraph 2 to gas systems in a geographically separate region whose consumption, in 2008, accounted for less than 3% of the total consumption of the Member State of which it is part. 8. Where the network utilisation scenario referenced in paragraph 2 identifies assets that may require decommissioning before the end of their originally projected useful life, the distribution system operator shall propose interventions to the regulatory authority to equitably allocate the efficient costs of the assets over their remaining life until they are decommissioned. Such interventions could include, for example, adjusting the depreciation profile or timeline of the assets. The regulatory authority shall decide whether such assets should be decommissioned before the end of their originally projected useful life and, if so, whether any of the interventions proposed by the distribution system operator, or any alternative interventions, shall be implemented to equitably allocate the efficient costs of the assets over their remaining lifetime until decommissioning. The distribution system operator shall implement the interventions decided by the regulatory authority.
2022/07/15
Committee: ITRE
Amendment 975 #

2021/0425(COD)

Proposal for a directive
Article 72 – paragraph 1 – point d
(d) ensuring compliance of transmission system operators and distribution system operators, and where relevant, system owners, hydrogen network operators as well as of any natural gas and hydrogen undertakings and other market participants, including citizen energy communities , with their obligations under this Directive , [the recast Gas Regulation as proposed in COM(2021) xxx], the network codes and guidelines adopted pursuant to Article 52 and 53 of Gas Regulation, Regulation (EU) 20178/1938 and other relevant Union legislation, including as regards cross-border issues , as well as ACER’s decisions ;, and ensuring that the actions and operations of the foregoing entities promote the energy efficiency first principle and energy system integration, contribute to the prudent and rational utilisation of natural resources, contribute to the achievement of the Union’s climate and energy targets and enabling the phase-out of fossil gas by 2035, including an intermediate reduction in fossil gas final energy demand of 57% in buildings and industry and 69% in electricity generation by 2030,compared to 2015.
2022/07/15
Committee: ITRE
Amendment 982 #

2021/0425(COD)

Proposal for a directive
Article 72 – paragraph 1 – point j a (new)
(j a) ensuring that all decision-making processes are independent, transparent, provide for public participation, ensure accountability, and are based on objective and scientific criteria
2022/07/15
Committee: ITRE
Amendment 1002 #

2021/0425(COD)

Proposal for a directive
Article 72 – paragraph 1 – point ii
(ii) monitoring the removal of unjustified obstacles to and restrictions on the development of consumption of self- generated renewable natural gas and citizen energy communities. renewable energy communities and citizen energy communities, and prevent misuse of energy communities by market participants.
2022/07/15
Committee: ITRE
Amendment 1017 #

2021/0425(COD)

Proposal for a directive
Article 83 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult all relevant stakeholders, the public and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and in accordance with paragraph 8 of this Article. The European Scientific Advisory Board on Climate Change Commission may give an opinion to the Commission as to whether the Delegated act contributes to achieving the Union’s energy and climate targets.
2022/07/15
Committee: ITRE
Amendment 1020 #

2021/0425(COD)

6 a. Without prejudice to other consultation or transparency provisions set forth elsewhere in Union law, including this Directive or [the recast Regulation as proposed in COM(2021) xxx], when engaging in the public and stakeholder consultations set forth in paragraph 4 of this Article, the Commission shall comply with the following: a. The consultations shall be effective and extensive and shall take place at an early stage and in an open, inclusive and transparent manner, involving the public and at least the following stakeholders: i. experts designated by the Member States pursuant to the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, ii. relevant market participants, iii. regulatory authorities and other relevant regional, local, urban and national authorities, iv. supply and production undertakings, v. network users including customers, vi. transmission system operators, vii. distribution system operators, viii. relevant industry associations and economic and social partners, including associations involved in electricity, gas and hydrogen markets, heating and cooling, independent aggregators, demand-response operators and organisations involved in energy efficiency solutions, ix. technical bodies, x. relevant bodies representing civil society, such as environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination, xi. research organisations and universities, where appropriate, and xii. other relevant stakeholder platforms. Consultations shall aim at identifying the views and proposals of all relevant parties during the decision-making process. e. All documents and minutes of meetings related to the consultations shall be made public. f. Before the Commission approves a delegated act, it shall duly explain how the observations received during the consultation have been taken into consideration. It shall also duly justify all instances where observations have not been taken into account, or have only partially been taken into account. g. To ensure early and effective participation, the Commission shall always publish its draft delegated act in advance, for comment by the public and the stakeholders referenced above. The Commission shall ensure that the public and such stakeholders are informed in a timely, adequate, and effective manner, including through public notices and electronic media, of: i. the draft delegated act being developed; ii. all background documents and other information used for development of the draft delegated act; iii. a non-technical summary of the information referred to under points (i) and (ii); iv. practical arrangements for participation, including: 1. a timetable and work programme for the production of the delegated act; 2. the entities from which relevant information may be obtained; 3. the entities to which the public and stakeholders referenced above may submit comments, opinions or questions; 4. reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the decision-making process; and 5. an explanation of the information made available or to be made available during the consultation.
2022/07/15
Committee: ITRE
Amendment 126 #

2021/0424(COD)

Proposal for a regulation
Recital 3
(3) The European Green Deal and the Climate law set the target for the EU to reduce its emissions by at least 55% compared to 1990 levels by 2030 and become climate neutral by 2050 in a manner that contributes to European competitiveness, growth and jobs. This Regulation should contribute to achieving these targets. For a decarbonised gas markets to be set up and contribute to the energy transition, significantly higher shares of renewable energy sources in an integrated energy system with an active participation of consumers in competitive markets are needed.
2022/07/15
Committee: ITRE
Amendment 128 #

2021/0424(COD)

Proposal for a regulation
Recital 4
(4) This Regulation aims to facilitate decarbonised, efficient and integrated energy systems consistent with the Commission’s energy system integration strategy and hydrogen strategy published in July 2020, and the Commission’s recommendation on the energy efficiency first principle published in September 2021. These initiatives call for transitioning to a more circular energy system with energy efficiency at its core, a greater direct electrification of end-use sectors, prioritising demand-side solutions whenever they are more cost-effective than investments in energy infrastructure, and using renewable fuels, including hydrogen, for end-use applications where electrification is not feasible, not efficient or have higher costs. Accordingly, the penetration of renewable and low- carbon gases into the energy system enabling a shift from fossil gas, and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. The Regulation aims also to set up a regulatory framework that enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timely phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.
2022/07/15
Committee: ITRE
Amendment 133 #

2021/0424(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) Regardless of the chosen production pathway, hydrogen production incurs significant energy conversion losses. Therefore, hydrogen should only be used for those applications where more energy-efficient alternatives are not yet available. This notably includes applications in so-called hard-to- decarbonise sectors, e.g. the production of sustainable aviation fuels and fuels for shipping, in steelmaking, and in the chemicals sector. Conversely, all efforts should be made to avoid the use of hydrogen for applications where more energy-efficient alternatives exist. This notably includes heating buildings, producing hot water for sanitary use, and low-grade heat for industrial processes.
2022/07/15
Committee: ITRE
Amendment 140 #

2021/0424(COD)

Proposal for a regulation
Recital 13
(13) Conditional capacity should only be offered when network operators are not able to offer firm capacity. Network operators should define the conditions for conditional capacity on the basis of operational constraints in a transparent and clear manner. The regulatory authority should ensure that the number and type of conditional capacity products is limited to avoid a fragmentation of the market and to ensure compliance with the principle of providing efficient third-party access.
2022/07/15
Committee: ITRE
Amendment 147 #

2021/0424(COD)

Proposal for a regulation
Recital 17
(17) In order to ensure greater transparency regarding the development of the gas transmission network in the Union , the ENTSO for Gas should draw up, publish and regularly update a non-binding Union -wide ten-year network development plan on the basis of a joint scenario and the interlinked model ( Union -wide network development plan). Viable gas transmission networks and necessary regional interconnections, relevant from a commercial or security of supply point of view, should be included in that network development plan. The Union-wide ten-year network development plan should be developed following a transparent process involving meaningful public consultation, and it shall be based on objective and scientific criteria. To that effect, the ENTSO for Gas should involve independent scientific bodies (such as the European Scientific Advisory Board on Climate Change, established under Regulation (EU) 2021/1119) in plan development. Viable gas transmission networks and necessary regional interconnections, relevant from a commercial or security of supply point of view, should be included in that network development plan. The network development plan should promote the energy efficiency first principle and energy system integration and contribute to the prudent and rational utilisation of natural resources and the achievement of the Union’s climate and energy targets.
2022/07/15
Committee: ITRE
Amendment 150 #

2021/0424(COD)

Proposal for a regulation
Recital 20
(20) Network users are to bear the responsibility of balancing their inputs against their off-takes with trading platforms established to better facilitate gas trade between network users. In order to better integrate renewable and low carbon gases within the entry-exit system, the balancing zone should also cover, to the extent possible, the distribution system level. The virtual trading point should be used to exchange gas between balancing accounts of network users.
2022/07/15
Committee: ITRE
Amendment 154 #

2021/0424(COD)

Proposal for a regulation
Recital 25
(25) Access to natural gas storage facilities and liquefied natural gas (LNG) facilities is insufficient in some Member States, and therefore the implementation of the existing rules needs to be improved , including as regardsin the transparency area. Such improvement should take into account the potential and uptake of renewable and low-carbon gases for these facilities in the internal market and demand-side solutions. Monitoring by the European Regulators' Group for Electricity and Gas concluded that the voluntary guidelines for good third-party access practice for storage system operators, agreed by all stakeholders at the Madrid Forum, are being insufficiently applied and therefore need to be made binding.
2022/07/15
Committee: ITRE
Amendment 171 #

2021/0424(COD)

(45) In order to amend non-essential elements of this Regulation and to supplement this Regulation in respect of non-essential elements of certain specific areas which are fundamental for market integration, 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. It is of particular importance that the Commission carry 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-Making6 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. The Commission should also ensure that the public has access to all documents and other information submitted to the Commission in connection with its adoption of the delegated act. _________________ 6 OJ L 123, 12.5.2016, p. 1
2022/07/15
Committee: ITRE
Amendment 187 #

2021/0424(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
(c a) promotes the energy efficiency first principle and energy system integration and contributes to the prudent and rational utilisation of natural resources and the achievement of the Union’s climate and energy targets.
2022/07/15
Committee: ITRE
Amendment 190 #

2021/0424(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 30
(30) ‘entry-exit system’ means the aggregation of all transmission andsystems, which may be extended to distribution systems or parts of them, or all hydrogen networks to which one specific balancing regime applies;
2022/07/15
Committee: ITRE
Amendment 192 #

2021/0424(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 33
(33) ‘entry point’ means a point subject to booking procedures by network users or producers providing access to an entry-exit system, enabling gas flows in the entry-exit system;
2022/07/15
Committee: ITRE
Amendment 193 #

2021/0424(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 34
(34) ‘exit point’ means a point subject to booking procedures by network users or final customersproviding access to an entry-exit system, enabling gas flows out of the entry exit system;,
2022/07/15
Committee: ITRE
Amendment 209 #

2021/0424(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point i
(i) market rules shall enable the decarbonisation of the natural gas and hydrogen systems, including by enabling the integration into the market of gases of gas from renewable energy sources and by providing incentives for energy efficiency, furthering the integration of energy systems, contributing to the prudent and rational utilisation of natural resources, facilitating the achievement of the Union’s climate and energy targets;
2022/07/15
Committee: ITRE
Amendment 212 #

2021/0424(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point j
(j) market rules shall deliver appropriate investment incentives and incentives for interventions which do not require infrastructure investments where more efficient, in particular for long-term investments in a decarbonised and sustainable gas system, for energy storage, energy efficiency and demand response to meet market needs, and shall facilitate fair competition and security of supply. Market rules shall also avoid delivering investment incentives that lead to stranded assets;
2022/07/15
Committee: ITRE
Amendment 236 #

2021/0424(COD)

Proposal for a regulation
Article 4 – paragraph 2 – introductory part
2. A Member State may allowshall not allow any form of financial transfers between regulated services that are separate as meant in in the first paragraph, provided that:.
2022/07/15
Committee: ITRE
Amendment 239 #

2021/0424(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a
(a) all revenues needed for the financial transfer are collected as a dedicated charge;deleted
2022/07/15
Committee: ITRE
Amendment 243 #

2021/0424(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point b
(b) the dedicated charge is coldelected only from exit points to final customers located within the same Member States as the beneficiary of the financial transfer;
2022/07/15
Committee: ITRE
Amendment 249 #

2021/0424(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point c
(c) the dedicated charge and financial transfer or the methodologies underlying their calculation are approved prior to their entry into force by the regulatory authority referred to in Article 70;deleted
2022/07/15
Committee: ITRE
Amendment 255 #

2021/0424(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point d
(d) the approved dedicated charge and financial transfer and the methodologies, where methodologies are approved are published.deleted
2022/07/15
Committee: ITRE
Amendment 284 #

2021/0424(COD)

Proposal for a regulation
Article 6 – paragraph 7
7. As of 1 jJanuary 2031, Article 15 shall apply also to tariffs for access to hydrogen networks. No tariffs shall be charged pursuant to Article 15for access to hydrogen networks at interconnection points between Member StatesThe concerned regulatory authorities shall jointly agree on the tariff regime for access to hydrogen networks at interconnection points between Member States, including the possibility of avoiding the application of charges. In case they cannot reach an agreement, ACER shall decide on the tariff regime for access to hydrogen networks at interconnection points between the concerned Member States, following the process set out in Article 6(10) of Regulation (EU) 2019/942. Where a Member State decides to apply regulated third party access to hydrogen networks in accordance with Article 31 of [recast Gas Directive] before 1 January 2031, paragraph 1 of Article 15 shall be applicable to access tariff to hydrogen networks in that Member State.
2022/07/15
Committee: ITRE
Amendment 308 #

2021/0424(COD)

Proposal for a regulation
Article 16
[...]deleted
2022/07/15
Committee: ITRE
Amendment 346 #

2021/0424(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Paragraph 1 shall be without prejudice to the possibility for transmission system operators to develop alternatives to reverse flow investments, such as smart grid solutions or connection to other network operators. Firm access may only be limited to offer capacities subject to operational limitations, in order to ensure economic efficiency. The regulatory authority shall be responsible to review and approve the TSO’s conditions for conditional capacity and ensure that any limitations in firm capacity or operational limitations are introduced on the basis of transparent and non-discriminatory procedures and do not create undue barriers to market entry. Where the production facility bears the costs related to ensuring firm capacity, no limitation shall apply.
2022/07/15
Committee: ITRE
Amendment 361 #

2021/0424(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The concerned regulatory authorities shall take a joint coordinated decision for removing the recognised restriction, taking into account or for granting or prolonging a temporary exemption, to be reviewed every four years, based on the cost benefit analysis prepared by the concerned transmission system operators and the results of the public consultation within six months as set out in Article 6(10) of Regulation (EU) 2019/942.
2022/07/15
Committee: ITRE
Amendment 366 #

2021/0424(COD)

Proposal for a regulation
Article 19 – paragraph 10
10. Where the relevant regulatory authorities cannot take a joint coordinated decisions as referred to in paragraphs 6 and 7, ACER shall decide on the solution to remove the recognised restriction and on the allocation of the investment costs to be borne by each transmission system operator for implementing the agreed solution or to grant or prolong a temporary exemption, to be reviewed every four years, following the process set out in Article 6(10) of Regulation (EU) 2019/942.
2022/07/15
Committee: ITRE
Amendment 367 #

2021/0424(COD)

Proposal for a regulation
Article 19 – paragraph 11
11. Further details required to implement elements of this Article, including details on the cost benefit analysis and on a common binding natural gas quality specification for cross- border natural gas interconnectors, shall be set in a network code established on the basis of Article 53 of this Regulation.
2022/07/15
Committee: ITRE
Amendment 373 #

2021/0424(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Transmission system operators shall accept gas flows with a hydrogen content of up to 52% by volume at interconnection points between Union Member States in the natural gas system from 1 October 2025, subject to the procedure described in Article 19 of this Regulation.
2022/07/15
Committee: ITRE
Amendment 375 #

2021/0424(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. When the hydrogen content blended in the natural gas system exceeds 52% by volume, the process described in Article 19 of this Regulation shall not apply.
2022/07/15
Committee: ITRE
Amendment 385 #

2021/0424(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. The ENTSO shall publish and submit to the Commission and to ACER the draft statutes, a list of members and draft rules of procedure, including the rules of procedures on the consultation of other stakeholders, of the ENTSO for Gas in case of changes of those documents or upon a reasoned request of the Commission or ACER . The draft updated rules of procedure shall ensure balanced representation of all participating transmission system operators, including those solely owning or operating natural gas systems, as well as transparency in the functioning of the ENTSO for Gas, including publication of meeting agendas and full meeting minutes of external and internal meetings.
2022/07/15
Committee: ITRE
Amendment 416 #

2021/0424(COD)

Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
The Union-wide network development plan referred to in paragraph 3, point (b), shall include the modelling of the integrated network, including hydrogen networks, scenario development, a European supply adequacy outlook and an assessment of the resilience of the system. The plan shall promote the energy efficiency first principle and energy system integration, contribute to the prudent and rational utilisation of natural resources and to achieving the Union’s climate and energy targets.
2022/07/15
Committee: ITRE
Amendment 421 #

2021/0424(COD)

Proposal for a regulation
Article 23 – paragraph 6 – point m a (new)
(m a) energy efficiency taking into account sector integration and priority of electrification;
2022/07/15
Committee: ITRE
Amendment 424 #

2021/0424(COD)

Proposal for a regulation
Article 23 – paragraph 10
10. ACER shall review national ten- year network development plans to assess their consistency with the Union -wide network development plan. If ACER identifies inconsistencies between a national ten-year network development plan and the Union -wide network development plan, it shall recommend amending the national ten-year network development plan or the Union -wide network development plan as appropriate. If such national ten-year network development plan is elaborated in accordance with Article 51 of [recast Directive as proposed in COM(2021) xxx] , ACER shall recommend that the competent regulatory authority amend the national ten-year network development plan in accordance with Article 51(5) of that Directive and inform the Commission thereof. The Union-wide network development plan and the national ten- year network development plan shall be amended in accordance with ACER’s recommendations.
2022/07/15
Committee: ITRE
Amendment 452 #

2021/0424(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point c a (new)
(c a) projects included in the development plan should be subject to a cost-benefit analysis that is consistent and compatible, in terms of benefits and costs, with the methodologies developed under Article 11 of the revised TEN-E Regulation;
2022/07/15
Committee: ITRE
Amendment 523 #

2021/0424(COD)

Proposal for a regulation
Article 39 – paragraph 6
6. The concerned regulatory authorities shall take a joint coordinated decision for removing the recognised restriction, taking into account or for granting or prolonging a temporary exemption, to be reviewed every four years, based on the cost- benefit analysis prepared by the concerned transmission system operators and the results of the public consultation within six months as set out in Article 6(10) of Regulation (EU) 2019/942.
2022/07/15
Committee: ITRE
Amendment 524 #

2021/0424(COD)

Proposal for a regulation
Article 39 – paragraph 10
10. Where the relevant regulatory authorities cannot take a joint coordinated decisions as referred to in paragraphs 6 and 7 of this Article, ACER shall decide on the solution to remove the recognised restriction and on the allocation of the investment costs to be borne by each system operator for implementing the agreed solution or to grant or prolong a temporary exemption, to be reviewed every four years, following the process set out in Article 6(10) of Regulation (EU) 2019/942.
2022/07/15
Committee: ITRE
Amendment 578 #

2021/0424(COD)

Proposal for a regulation
Article 46 – paragraph 3 – introductory part
3. The ENNOH shall submit the draft Union-wide network development plan, the draft annual work programme, including the information regarding the consultation process, and the other documents referred to in Article 42 to ACER for its opinion. When received from ENNOH, ACER shall submit the draft Union-wide network development plan and the draft annual work programme to the European Scientific Advisory Board on Climate Change, which shall publish an independent analysis and opinion regarding their consistency with the Union’s climate and energy targets.
2022/07/15
Committee: ITRE
Amendment 579 #

2021/0424(COD)

Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 1
Where it considers that the draft annual work programme or the draft Union-wide network development plan submitted by the ENNOH does not contribute to non- discrimination, effective competition, the efficient functioning of the market or a sufficient level of cross-border interconnection, ACER shall provide a duly reasoned opinion as well as recommendations to the ENNOH and to the Commission within two months of the submission of the programme or the plan. The programme and plan shall be amended consistent with ACER’s opinion and recommendations.
2022/07/15
Committee: ITRE
Amendment 625 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 2
Regulation (EU) 2017/1938
Article 2 – point 28
(28) ‘strategic stock’ means gas purchased, managed and stored or held in storage by contract by transmission system operators or any other eligible entity exclusively for carrying out their functions asof transmission system operators and for the purpose of security of supply. Gas stored as part of a strategic stock shall be dispatched only where required to keep the system in operation under secure and reliable conditions in line with Article 35 [recast Gas Directive as proposed in COM(2021) xxx] or in case of a declared emergency under Article 11 of Regulation (EU) 2017/1938 of the European Parliament and of the Council and can otherwise not be sold on wholesale gas markets;’
2022/07/15
Committee: ITRE
Amendment 636 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b – paragraph 3 – point a
a) obliging gas storage users to store a minimum volume of gas in underground storage, where not fulfilling this obligation may lead to reallocating corresponding capacity during the filling period.
2022/07/15
Committee: ITRE
Amendment 637 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b – paragraph 3 – point c
c) obliging a transmission system operator or an entity designated by the Member State to purchase and manage strategic stocks of gas,
2022/07/15
Committee: ITRE
Amendment 641 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b – paragraph 3 – subparagraph 2
Such measures shall apply to any storage facility, including storage sites controlled by third-country entities and be subject to consultation in the relevant risk group, in particular on how the measures address the risks identified in the common risk assessment.
2022/07/15
Committee: ITRE
Amendment 642 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7b – paragraph 4
4. The measures adopted pursuant to Article 7a and paragraph 3 of this Article shall be necessary, clearly defined, transparent, proportionate, non- discriminatory and verifiable, and shall not unduly distort competition or the effective functioning of the internal market in gas or endanger the security of gas supply of other Member States or of the Union. The measures should be without prejudice to national security of supply rules which include gas stocks. The measures shall not block or restrict cross- border capacities allocated in line with the provisions of Commission Regulation (EU) 2017/459.
2022/07/15
Committee: ITRE
Amendment 648 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7d – paragraph 1
1. Member States may set up a mechanism for the joint procurement of strategic stocks by transmission system operators or an entity designated by the Member State as part of the preventive measures to ensure security of supply.
2022/07/15
Committee: ITRE
Amendment 651 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7d – paragraph 1 – subparagraph 3
The mechanism shall be open to participation of all transmission system operators or an entity designated by the Member State within the Union who wish to join after its establishment.
2022/07/15
Committee: ITRE
Amendment 654 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 8
Regulation (EU) 2017/1938
Article 7d – paragraph 2
2. The participating Member States shall notify their intention to establish such mechanism to the Commission. The notification shall include the information necessary to assess the compliance with this Regulation, such as the volume of gas to be purchased, the duration of the measure, the participating transmission system operators or an entity designated by the Member State, the governance arrangements, the operating procedures and conditions for activation in an emergency situation. It shall also specify the costs and benefits expected.
2022/07/15
Committee: ITRE
Amendment 71 #

2021/0423(COD)

Proposal for a regulation
Recital 7
(7) In this context, this Regulation should apply to the reduction of methane emissions in oil and fossil gas upstream exploration and production, fossil gas gathering and processing, gas transmission, distribution, underground storage and liquid fossil gas (LNG) ships and terminals, as well as to operating underground and surface coalmines, closed and abandoned underground coal mines.
2022/10/24
Committee: ENVIITRE
Amendment 153 #

2021/0423(COD)

1. This Regulation lays down rules for the accurate measurement, reporting and verification of methane emissions in the energy sector for all the fossil energy consumed in the Union, as well as the abatement of those emissions, including through leak detection and repair surveys and restrictions on venting and flaring. This Regulation also lays down rules on tools ensuring reductions and transparency of methane emissions from imports of fossil energy into the Union.
2022/10/24
Committee: ENVIITRE
Amendment 560 #

2021/0423(COD)

Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Thereafter, leak detection and repair surveys shall be repeated every three months.
2022/10/24
Committee: ENVIITRE
Amendment 831 #

2021/0423(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. Operators shall conduct continuous monitoring and at least weekly inspections of flare stacks in accordance with the elements set out in Annex III.
2022/10/24
Committee: ENVIITRE
Amendment 80 #

2021/0420(COD)

Proposal for a regulation
Recital 9 a (new)
(9 a) Active modes infrastructure should be improved and existing barriers for active modes removed throughout the TEN-T network. Active modes, such as walking and cycling, contribute to the European Union’s climate goals, improve public health, provide economic benefits and alleviate congestion on the road and rail network.
2022/05/06
Committee: IMCO
Amendment 81 #

2021/0420(COD)

Proposal for a regulation
Recital 10
(10) In order to achieve a high-quality and efficient transport infrastructure across all modes, the development, maintenance and upgrading of the trans- European transport network should take into account the security and safety of passengers and freight movements, the contribution to climate change and the impact of climate change and of potential natural hazards and human-made disasters on infrastructure and accessibility for all transport users, especially in regions that are particularly affected by the negative impacts of climate change.
2022/05/06
Committee: IMCO
Amendment 82 #

2021/0420(COD)

Proposal for a regulation
Recital 10 a (new)
(10 a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the European Union and all Member States are legally obliged to ensure that persons with disabilities have access, on an equal basis with others, to transport and the built environment (Article 9). Acknowledging that millions of persons with disabilities experience barriers to use transport, the European Commission has included the revision of the TEN-T Guidelines in its list of actions under aim 2. “Accessibility – an enabler of rights, autonomy and equality” of the Strategy for the Rights of Persons with Disabilities 2021-2030. Finally, with its Sustainable and Smart Mobility Strategy, the EU has committed to “making mobility fair and just for all” (Flagship 9), including by improving accessibility for passengers with disabilities. It notes that transport proposals under the Strategy must be compliant with the Strategy for the Rights of Persons with Disabilities 2021-2030.
2022/05/06
Committee: IMCO
Amendment 86 #

2021/0420(COD)

Proposal for a regulation
Recital 51
(51) As an effective single framework for tackling urban mobility challenges, urban nodes should develop a Sustainable Urban Mobility Plan (SUMP), which is a long-term, all-encompassing integrated freight and passenger mobility plan for the entire functional urban area22 . It should include objectives, targets and indicators underpinning the current and future performance of the urban transport system, at minimum, on greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility services, as well as data on air and noise pollution in cities. The SUMPs and the data should be published to allow proper scrutiny of civil society. __________________ 22 The SUMP concept was first proposed in the 2013 EU Urban mobility package (COM(2013)913 final, Annex I)
2022/05/06
Committee: IMCO
Amendment 90 #

2021/0420(COD)

Proposal for a regulation
Recital 70
(70) The technical basis of the maps specifying the trans-European transport network is provided by the interactive geographical and technical information system for the trans-European transport network (TENtec). Member States should also provide data on accessibility and maintenance to improve public scrutiny.
2022/05/06
Committee: IMCO
Amendment 93 #

2021/0420(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a – point i
(i) promotion of zero-emission mobility, including active modes, in line with the relevant Union CO2 reduction targets;
2022/05/06
Committee: IMCO
Amendment 95 #

2021/0420(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) the taking into account of possible synergies with other networks, in particular the trans-European energy or telecommunication networks, or EuroVelo, the European cycle route network;
2022/05/06
Committee: IMCO
Amendment 99 #

2021/0420(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
(h a) improve active modes infrastructure and remove existing barriers for active modes.
2022/05/06
Committee: IMCO
Amendment 100 #

2021/0420(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point i a (new)
(i a) improving active modes infrastructure and removing existing barriers for active modes.
2022/05/06
Committee: IMCO
Amendment 101 #

2021/0420(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point e a (new)
(e a) does not constitute a barrier to active modes; at least twice as many safe, accessible and comfortable crossings across the line tracks shall be provided for active modes as for motorised vehicles.
2022/05/06
Committee: IMCO
Amendment 105 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 5 – point b a (new)
(b a) Until 31 December 2040, in Member States where no separate lines for rail passenger and rail freight transport are available, as a derogation from Article 15(2), point (d), Member States are considered to enable, without special permission, the operation of freight trains with a train length of at least 740 m (including the locomotive(s)) if at least the following conditions are complied with: (i) on double track lines, at least 50% of the train paths for freight trains per day, and not less than two train paths on average per hour and direction, can be allocated to freight trains with a length of at least 740 m; (ii) on single track lines, at least one train path per two hours and direction can be allocated to freight trains with a length of at least 740 m.
2022/05/06
Committee: IMCO
Amendment 107 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) ERTMS is equipped, while ensuring a synchronised and harmonised ERTMS deployment trackside and on board of trains;
2022/05/06
Committee: IMCO
Amendment 110 #

2021/0420(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point f
(f) when building or upgrading railway infrastructure, ensure the continuity and accessibility of pedestrian and cycling paths well as cycling connections and seek synergies for creating new pedestrian as well as cycling connections in order to promote the active modes of transport;
2022/05/06
Committee: IMCO
Amendment 111 #

2021/0420(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point g a (new)
(g a) providing accessible active modes infrastructure alongside rail lines and within civil engineering structures such as bridges or tunnels.
2022/05/06
Committee: IMCO
Amendment 112 #

2021/0420(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2 a. Member States shall ensure that rivers and canals do not constitute barriers to active modes; at least twice as many safe, accessible and comfortable crossings across the inland waterway shall be provided for active modes as for motorised vehicles.
2022/05/06
Committee: IMCO
Amendment 113 #

2021/0420(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)
(e a) providing accessible active modes infrastructure alongside inland waterways and within civil engineering structures such as bridges.
2022/05/06
Committee: IMCO
Amendment 115 #

2021/0420(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point a
(a) maritime ports of the comprehensive network will be connected with the rail and road, road and active modes infrastructure and, where possible, inland waterways, except where specific geographic or significant physical constraints prevent such connection;
2022/05/06
Committee: IMCO
Amendment 118 #

2021/0420(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a – point x a (new)
(x a) infrastructure for active modes such pedestrian and cycle tracks, bridges or tunnels, including alternative routes for active modes.
2022/05/06
Committee: IMCO
Amendment 120 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point h a (new)
(h a) active modes infrastructure is integrated in or provided as an alternative to the road network.
2022/05/06
Committee: IMCO
Amendment 123 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point d a (new)
(d a) active modes infrastructure is integrated in or provided as an alternative to the road;
2022/05/06
Committee: IMCO
Amendment 124 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point d b (new)
(d b) the road does not constitute a barrier to active modes; at least twice as many safe, accessible and comfortable crossings across the road shall be provided for active modes as for motorised vehicles; in and next to built-up areas the distance between crossings for active modes shall not exceed 400 m.
2022/05/06
Committee: IMCO
Amendment 126 #

2021/0420(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point b
(b) mitigation of congestion on existing roads, in particular through improving active modes infrastructure such as cycle highways, intelligent traffic management, including dynamic congestion charges or tolls varied based on the time of day, week or season;
2022/05/06
Committee: IMCO
Amendment 127 #

2021/0420(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point d
(d) when building or upgrading road infrastructure, ensure the continuity and accessibility of pedestrian and cycling pathconnections and seek synergies or create new pedestrian and cycling connections in order to promote the active modes of transport.
2022/05/06
Committee: IMCO
Amendment 129 #

2021/0420(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point d a (new)
(d a) providing accessible active modes infrastructure within civil engineering structures such as bridges or tunnels.
2022/05/06
Committee: IMCO
Amendment 131 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point b – point i
(i) adoption and publication of a sustainable urban mobility plan (SUMP) in line with Annex V that includes notably measures to integrate the different modes of transport, to promote efficient zero- emission mobility including sustainable and zero-emission urban logistics, to reduce air and noise pollution and that takes long-distance trans-European transport flows into consideration;
2022/05/06
Committee: IMCO
Amendment 132 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point b – point ii
(ii) collection and, submission to the Commission and publication in accordance with Directive (EU) 2019/1024 of the European Parliament and of the Council1a of urban mobility data per urban node covering at minimum greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility service, as well as data on air and noise pollution. Thereafter these data shall be submitted every year; and published every year; __________________ 1a Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re- use of public sector information (OJ L 172, 26.6.2019, p. 56–83)
2022/05/06
Committee: IMCO
Amendment 133 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point c – point ii a (new)
(ii a) all destinations within the urban node to be safely reachable by active modes of transport;
2022/05/06
Committee: IMCO
Amendment 134 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point d
(d) by 31 December 2040: the development of at least one multimodal freight terminal allowing for sufficient transhipment capacity within or in the vicinity of the urban node. One terminal may serve more than one urban node, if capacity allows.
2022/05/06
Committee: IMCO
Amendment 135 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point d a (new)
(d a) compliance with the adopted sustainable urban mobility plans (SUMPs).
2022/05/06
Committee: IMCO
Amendment 136 #

2021/0420(COD)

Proposal for a regulation
Chapter IV – title
IV PROVISIONS FOR SMART, ACCESSIBLE AND RESILIENT TRANSPORT
2022/05/06
Committee: IMCO
Amendment 143 #

2021/0420(COD)

Proposal for a regulation
Article 48 – paragraph 1 – point d a (new)
(d a) any maintenance work that results in a limitation or non-availability of rail infrastructure is managed in accordance with Commission Delegated Decision (EU) 2017/20751a. __________________ 1a Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area (OJ L 295, 14.11.2017, p. 69–73)
2022/05/06
Committee: IMCO
Amendment 144 #

2021/0420(COD)

Proposal for a regulation
Article 49 – paragraph 1
1. Transport infrastructure shall allow seamless mobility and accessibility for all users, in particular people in situations of vulnerability including persons with disabilities or reduced mobility as well as, older persons, persons living in outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas. 2. Member States shall carry out ex-ante assessments of the accessibility of infrastructure and of the services connected to it. 3. The design, construction, maintenance, and upgrade of transport infrastructure shall comply with Annex I and Annex III of Directive (EU) 2019/882 of the European Parliament and of the Council1a, and accessibility requirements laid down in other relevant Union law. __________________ 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70–115)
2022/05/06
Committee: IMCO
Amendment 155 #

2021/0420(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. Member States shall inform the Commission on a regular, comprehensive and transparent basis about the progress made in implementing projects of common interest and the investments made for that purpose. This information shall include the yearly transmission of data through the interactive geographical and technical information system for the trans-European transport network (TENtec). It shall include technical and financial data concerning projects of common interest on the trans-European transport network, data related to accessibility of the TEN-T infrastructure and passenger services as well as data on the completion and maintenance of the trans- European transport network.
2022/05/06
Committee: IMCO
Amendment 160 #

2021/0420(COD)

Proposal for a regulation
Article 57 – paragraph 1
National procedures regarding the involvement and consultation of regional and local authoritieRelevant regional and local authorities, industrial partners, including SMEs, user representatives, accessibility experts and civil society concerned by a project of common interest shall be complied with, where appropriate,nsulted and enabled to meaningfully engage in the planning and construction phase of a project. The Commission shall facilitate this process in particular by promoteing the exchange of good practice in this regard, notably as regards the consultation and inclusion of people in situations of vulnerability.
2022/05/06
Committee: IMCO
Amendment 162 #

2021/0420(COD)

Proposal for a regulation
Article 62 – title
Delay in completion of the core network, the extended core network and the comprehensive network or lack of its maintenance
2022/05/06
Committee: IMCO
Amendment 163 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 1
1. In the event of significant delay in starting or completing work on the core network, extended core network and on the comprehensive network compared to the initial timeline set in implementing acts in accordance with Article 54 or defined in national transport and investment plans or other relevant project documentation or if there is evidence of non-compliance with the maintenance provisions in Article 48, the Commission may ask the Member State or Member States concerned to provide the reasons for the delay or lack of maintenance. Such reasons shall be provided by the Member State or Member States within three months of the request. On the basis of the reply given, the Commission shall consult the Member State or Member States concerned in order to resolve the problem that has caused the delay or lack of maintenance.
2022/05/06
Committee: IMCO
Amendment 164 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 2
2. In case the delayed or non- maintained section concerns a European Transport Corridor, the European Coordinator shall be involved in view of resolving the problem.
2022/05/06
Committee: IMCO
Amendment 165 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
The Commission may, after considering the reasons provided by the Member State or Member States concerned pursuant to the first subparagraph, adopt a decision addressed to the Member State or Member States concerned, finding that the significant delay in starting or completing the work on the core network, extended core network or on the comprehensive network or the lack of its maintenance is attributable to the Member State or Member States without an objective justification. The Commission shall give the Member State or Member States concerned 6 months to eliminate the significant delay or lack of maintenance.
2022/05/06
Committee: IMCO
Amendment 167 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 2
In case the delayed or non-maintained section concerns a project supported with Union funds under direct management, a reduction of the amount of the grant and/or an amendment or termination of the grant agreement may be initiated in accordance with the applicable rules.
2022/05/06
Committee: IMCO
Amendment 168 #

2021/0420(COD)

Proposal for a regulation
Annex II – Table
RAIL ROAD MS NODE NAME URBAN NODE AIRPORT MARITIME PORT INLAND PORT TERMINALS AT Bregenz X X Eisenstadt X X Graz Graz X X Comprehensive Core (Werndorf) Innsbruck X X Comprehensive Comprehensive Comprehensive Core (Villach- Klagenfurt X X (Klagenfurt) (Villach- Fürnitz)
2022/05/06
Committee: IMCO
Amendment 169 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 1
1. Goals and objectives: A Sustainable Urban Mobility Plan (SUMP) shall have as central goal improving accessibility of the functional urban area and providing high- quality, safe and sustainable low-emission mobility to, through and within the functional urban area. It shall notably support zero-emission mobility and the implementation of an urban transport system which contributes to a better overall performance of the trans-European transport network, in particular through the development of infrastructure for the seamless circulation of zero-emission vehicles as well as of multimodal passenger hubs to facilitate first and last mile connections and of multimodal freight terminals serving urban nodes. A SUMP shall also take into consideration commuter journeys to and from the urban area.
2022/05/06
Committee: IMCO
Amendment 1767 #
2023/01/25
Committee: TRAN
Amendment 95 #

2021/0223(COD)

Proposal for a regulation
Recital 7
(7) LNG is likely to play a continued role in maritime transport, where there is currently no economically viable zero- emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion should take place gradually due to the long lifetime of the ships. Contrary to maritime transport, for inland waterways, with normally smaller vessels and shorter distances, zero-emission powertrain technologies, such as hydrogen and electricity, should enter the markets more quickly. LNG is expected to no longer play a significant role in that sector. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e-gas) for instance. Those decarbonised fuels can be used in the same infrastructure as gaseous fossil fuels thereby allowing for a gradual shift towards decarbonised fuels.
2022/01/25
Committee: ENVI
Amendment 98 #

2021/0223(COD)

Proposal for a regulation
Recital 8
(8) In the heavy-duty road transport sector, LNG trucks are fully mature. On the one hand, the common scenarios underpinning the Sustainable and Smart Mobility Strategy and the Climate Target Plan as well as the revised “Fit for 55” modelling scenarios suggest some limited role of gaseous fuels that will increasingly be decarbonised in heavy-duty road transport especially in the long haul segment. Furthermore, LPG and CNG vehicles for which already a sufficient infrastructure network exists across the Union are expected to gradually be replaced by zero emission drivetrains and therefore only a limited targeted policy for LNG infrastructure deployment that can equally supply decarbonised fuels is considered necessary to close remaining gaps in the main networksthere is no need for further targeted policy.
2022/01/25
Committee: ENVI
Amendment 183 #

2021/0223(COD)

Proposal for a regulation
Recital 35
(35) A core network of refuelling points for LNG at maritime ports should be available by 2025. Refuelling points for LNG include LNG terminals, tanks, mobile containers, bunker vessels and barges.deleted
2022/01/25
Committee: ENVI
Amendment 200 #

2021/0223(COD)

Proposal for a regulation
Recital 7
(7) LNG is likely to play a continued role in maritime transport, where there is currently no economically viable zero- emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion should take place gradually due to the long lifetime of the ships. Contrary to maritime transport, for inland waterways, with normally smaller vessels and shorter distances, zero-emission powertrain technologies, such as hydrogen and electricity, should enter the markets more quickly. LNG is expected to no longer play a significant role in that sector. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e-gas) for instance. Those decarbonised fuels can be used in the same infrastructure as gaseous fossil fuels thereby allowing for a gradual shift towards decarbonised fuels.
2022/02/07
Committee: ITRE
Amendment 205 #

2021/0223(COD)

Proposal for a regulation
Recital 8
(8) In the heavy-duty road transport sector, LNG trucks are fully mature. On the one hand, the common scenarios underpinning the Sustainable and Smart Mobility Strategy and the Climate Target Plan as well as the revised “Fit for 55” modelling scenarios suggest some limited role of gaseous fuels that will increasingly be decarbonised in heavy-duty road transport especially in the long haul segment. Furthermore, LPG and CNG vehicles for which already a sufficient infrastructure network exists across the Union are expected to gradually be replaced by zero emission drivetrains and therefore only a limited targeted policy for LNG infrastructure deployment that can equally supply decarbonised fuels is considered necessary to close remaining gaps in the main networksthere is no need for further targeted policy.
2022/02/07
Committee: ITRE
Amendment 247 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c
(c) ‘alternative fossil fuels’ for a transitional phase: – (compressed natural gas (CNG)) and liquefieddeleted natural gas, in gaseous form (liquefied naturalpetroleum gas (LNPG)), – – produced from non-renewable energy;synthetic and paraffinic fuels
2022/01/25
Committee: ENVI
Amendment 569 #

2021/0223(COD)

Proposal for a regulation
Article 8
LNG infrastructure for road transport Member States shall ensure until 1 January 2025 that an appropriate number of publicly accessible refuelling points for LNG are put in place, at least along the TEN-T core network, in order to allow LNG heavy-duty motor vehicles to circulate throughout the Union, where there is demand, unless the costs are disproportionate to the benefits, including environmental benefits.Article 8 deleted vehicles
2022/01/25
Committee: ENVI
Amendment 636 #

2021/0223(COD)

Proposal for a regulation
Article 11 – title
Targets for supply of LNGalternative fuel in maritime ports
2022/01/25
Committee: ENVI
Amendment 639 #

2021/0223(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Member States shall ensure that an appropriate number of refuelling points for LNGrenewable hydrogen and ammonia are put in place at TEN-T core maritime ports referred to in paragraph 2, to enable seagoing ships to circulate throughout the TEN-T core network by 1 January 2025. Member States shall cooperate with neighbouring Member States where necessary to ensure adequate coverage of the TEN-T core network.
2022/01/25
Committee: ENVI
Amendment 643 #

2021/0223(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Member States shall designate in their national policy frameworks TEN-T core maritime ports that shall provide access to the refuelling points for LNGrenewable hydrogen and ammonia referred to in paragraph 1, also taking into consideration actual market needs and developments.
2022/01/25
Committee: ENVI
Amendment 82 #

2021/0218(COD)

Proposal for a directive
Recital 1
(1) The European Green Deal5 establishes the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and job creation. That objective, and the objective of at least 55% reduction in greenhouse gas emissions by 2030 as set out in the 2030 Climate Target Plan6 that was endorsed both by the European Parliament7 and by the European Council8 , requires an energy transition and significantly higher shares of renewable energy sources in an integrated energy system. __________________ 5 Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal. 6 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people 7 European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)) 8 European Council conclusions of 11 December 2020, https://www.consilium.europa.eu/media/47 296/1011-12-20-euco-conclusions-en.pdf
2022/03/17
Committee: ITRE
Amendment 111 #

2021/0218(COD)

Proposal for a directive
Recital 4
(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use11 , with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy, and with a view to contributing to climate objectives. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non- energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council12 . For this, they should grant no support to the production of energy from saw logs, veener logs, stumps and roots and avoiprimary woody biomass and they should promotinge the use of quality roundwood for energy except in well-defined circumstancesecondary woody biomass. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, e.g. as in the case of deadwood and coarse woody debris left on site, energy recovery helps to reduce energy generation from non- renewable sources. Notwithstanding, the biomass feedstock should be characterised by payback time relevant for the climate goals of the EU. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcingenergy use is considered positive for both climate and biodiversityand not detrimental for biodiversity, in case of woody biomass this means secondary woody biomass, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13 . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemesWaste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants , unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage. __________________ 11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. 12 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 13 https://publications.jrc.ec.europa.eu/reposit ory/handle/JRC122719
2022/03/17
Committee: ITRE
Amendment 141 #

2021/0218(COD)

Proposal for a directive
Recital 8
(8) The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States will need to work together across borders at sea-basin level. Member States should therefore jointly define the amount of offshore renewable generation to be deployed and the utilisation of maritime space within each sea basin by 2050, with intermediate steps in 2030 and 2040. These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socio- economic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea.
2022/03/17
Committee: ITRE
Amendment 205 #

2021/0218(COD)

Proposal for a directive
Recital 28 a (new)
(28a) While the Union’s renewable energy policy aims to contribute to achieving the Union climate goals, it also contributes to strengthening the Union’s strategic interests, namely technological sovereignty, security of supply, and protection against possible price volatility. The Union's strategic autonomy in the field of energy will ensure that Member States have the ability to guarantee a secure and affordable supply, regardless of exogenous changes such as geopolitical crises.
2022/03/17
Committee: ITRE
Amendment 265 #

2021/0218(COD)

Proposal for a directive
Recital 39
(39) The Governance Regulation (EU) 2018/1999 makes several references in a number of places to the Union-level binding target of at least 32 % for the share of renewable energy consumed in the Union in 2030. As that target needs to be increased in order to contribute effectively to the ambition to decrease greenhouse gas emissions by at least 55 % by 2030, those references should be amended. Any additional planning and reporting requirements set will not create a new planning and reporting system, but should be subject to the existing planning and reporting framework under Regulation (EU) 2018/1999.
2022/03/17
Committee: ITRE
Amendment 275 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point -a (new)
DIRECTIVE (EU) 2018/2001
Article 2 – paragraph 2 – point 1
(-a) point (1) is replaced by the following: "(1) ‘energy from renewable sources’ or ‘renewable energy’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and geothermal energy, osmotic energy, ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogas; ' content/EN/TXT/HTML/?uri=CELEX:32018L2001&from=FR#d1e1159-82-1)" Or. en (https://eur-lex.europa.eu/legal-
2022/03/17
Committee: ITRE
Amendment 276 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point -a a (new)
DIRECTIVE (EU) 2018/2001
Article 2 – paragraph 2 – point 16
(-aa) point (16) is replaced by the following: "(16) ‘renewable energy community’ means a legal entity: (a) which, in accordance with the applicable national law, is based on open and voluntary participation, is autonomous, and is effectively controlled by shareholders or members that are located in the proximity of the renewable energy projects that are owned and developed by that legal entity; (b) the shareholders or members of which are natural persons, SMEs or local authorities, including municipalities; (c) the primary purpose of which is to provide environmental, economic or social community benefits, in conformity with the Energy Efficiency First principle, for its shareholders or members or for the local areas where it operates, rather than financial profits; " Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32018L2001&from=FR#d1e1159-82-1)
2022/03/17
Committee: ITRE
Amendment 295 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 1a
(1a) ‘quality roundwood’ means roundwood felled or otherwise harvested and removed, whose characteristics, such as species, dimensions, rectitude, and node density, make it suitable for industrial use, as defined and duly justified by Member States according to the relevant forest conditions. This does not include pre-commercial thinning operations or trees extracted from forests affected by fires, pests, disea`primary woody biomass’ means all woody biomass felled or otherwise harvested and removed from forests and other treed areas, including when this is processed into chips, briquettes or pellets, and use of which for bioenergy is excluded for the purposes or damage due to abiotic factors f the Directive;
2022/03/17
Committee: ITRE
Amendment 313 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 19 a (new)
(18ba) `renewable district heating and cooling´ means efficient district heating and cooling systems operating using only renewable energy supplies
2022/03/17
Committee: ITRE
Amendment 322 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 22 b (new)
(22aa) ´renewable cogeneration´ means energy production combining heat and power using only renewable energy supplies;
2022/03/17
Committee: ITRE
Amendment 331 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 44 a
(44a) ‘plantation forest’ means a planted forest that is intensively managed and meets, at planting and stand maturity, all forest conversion’ means removal of primary, old-growthe following criteria: one orrests or natural secondary forests two species, even age class, and regular spacing. It includes short rotation plantations for wood, fibre and energy, and excludes forests planted for protection or ecosystem restoration, as well as forests established through planting or seeding which at stand maturity resemble or will resemble naturally regenerating meet other land needs, such as plantations, agriculture, pasture for cattle settlements and mining, as well as its removal with the intention to be reforests;ed
2022/03/17
Committee: ITRE
Amendment 337 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
DIRECTIVE (EU) 2018/2001
Article 2 – paragraph 2
(44ba) ‘osmotic energy’ means energy naturally created from the difference in salt concentration between two fluids, commonly fresh and salt water;
2022/03/17
Committee: ITRE
Amendment 339 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
DIRECTIVE (EU) 2018/2001
Article 2 – paragraph 2
(44bb) ‘innovative renewable energy technology’ means technology that improves in at least one way a comparable state-of-the-art renewable technology or technologies, or makes exploitable a largely untapped renewable energy resource;
2022/03/17
Committee: ITRE
Amendment 341 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
DIRECTIVE (EU) 2018/2001
Article 2 – paragraph 2
(44bc) ‘smart metering systems’ means smart metering systems as defined in Article 2 point (23) of Directive (EU) 2019/944;
2022/03/17
Committee: ITRE
Amendment 342 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
DIRECTIVE (EU) 2018/2001
Article 2 – paragraph 2
(44bd) 'system efficiency' means an energy system which integrates variable renewables cost-effectively and maximises the value of demand-side flexibility to optimise its transition to carbon neutrality, measured in reductions of system investment and operational costs, carbon emissions and fossil fuels in each national energy mix;
2022/03/17
Committee: ITRE
Amendment 343 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
DIRECTIVE (EU) 2018/2001
Article 2 – paragraph 2
(44be) 'demand-side flexibility' means the ability of any active customer to respond to external signals and adjust its energy generation and consumption in a dynamic time-dependent way, which helps to support a more reliable, sustainable and efficient energy system and which can be provided by decentralised energy resources, such as demand response, small-scale energy storage and distributed renewable generation;
2022/03/17
Committee: ITRE
Amendment 345 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
DIRECTIVE (EU) 2018/2001
Article 2 – paragraph 2
(44bg) ‘offshore renewable hybrid asset’ means an electricity infrastructure asset with dual functionality combining offshore renewable energy and transmission to shore;
2022/03/17
Committee: ITRE
Amendment 352 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c a (new)
(ca) ‘RES go-to areas’ are geographical areas of at least 100 KM2 offshore and at least 25 KM2 onshore allocated by national authorities for the deployment of renewable energy, where energy related and non-related activities can co-exist, without prejudice to Union and national laws on environmental protection.
2022/03/17
Committee: ITRE
Amendment 359 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
(37) ‘low indirect land-use change-risk biofuels, bioliquids and biomass fuels’ means biofuels, bioliquids and biomass fuels, the feedstock of which was produced within schemes which avoid displacement effects of food and feed-crop based biofuels, bioliquids and biomass fuels through improved agricultural practices as well as through the cultivation of crops on areas which were previously not used for cultivation of crops, and which were produced in accordance with the sustainability criteria for biofuels, bioliquids and biomass fuels laid down in Article 29; 1a) point 37 is deleted " " Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv:OJ.L_.2018.328.01.0082.01.ENG)
2022/03/17
Committee: ITRE
Amendment 366 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 24
(24) ‘1a) "point (24) is replaced by the following: (24) ´biomass´ means the biodegradable fraction of products, waste and residues from biological origin from agriculture, including vegetal and animal substances, from forestry and related industries, including fisheries and aquaculture, as well as the biodegradable fraction of waste, including industrial and municipal waste of biological origin; biomass residue the use of which does not involve a decrease of carbon pools, in particular dead wood, litter or soil organic carbon, on the land areas where the biomass originates from; " Or. en (Directive (EU) 2018/2001, CELEX:32018L2001)
2022/03/17
Committee: ITRE
Amendment 369 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 26
(26) forest biomass’ means biomass produced from forestry; 1b) "point (26) is replaced by the following: (26) 'secondary woody biomass’ means the woody biomass resulting from a previous processing in at least one industry, use of which for energy purposes is conditional on compliance with waste hierarchy and cascading use principle’; " Or. en (Directive (EU) 2018/2001, CELEX:32018L2001)
2022/03/17
Committee: ITRE
Amendment 389 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
DIRECTIVE (EU) 2018/2001
Article 2 – paragraph 1
1. Member States shall collectively ensure that the share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least 405%.;
2022/03/17
Committee: ITRE
Amendment 418 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 2 – point a – point i
(i) the use of saw logs, veneer logs, stumps and rootwoody biomass to produce energy.
2022/03/17
Committee: ITRE
Amendment 423 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 2 – point a – point ii
(ii) the production of renewable energy produced from the incineration of waste if the separate collection and re-use and recycling obligations laid down in Directive 2008/98/EC have not been complied with.
2022/03/17
Committee: ITRE
Amendment 436 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3– paragraph 3 – subparagraph 2 – point b
(b) From 31 December 2026, and wWithout prejudice to the obligations in the first sub-paragraph, Member States shall grant no support to the production of electricity from forest biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions:the production of energy from primary woody biomass shall not contribute towards the Union target set in Article 3(1) and the renewable energy shares of Member States and the targets referred to in Articles3(1),15a(1), 22a(1), 23(1), 24(4), and 25(1) of this Directive.
2022/03/17
Committee: ITRE
Amendment 443 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3– paragraph 3 – subparagraph 2 – point b
(i) it is produced in a region identified in a territorial just transition plan approved by the European Commission, in accordance with Regulation (EU) 2021/… of the European Parliament and the Council establishing the Just Transition Fund due to its reliance on solid fossil fuels, and meets the relevant requirements set in Article 29(11);deleted
2022/03/17
Committee: ITRE
Amendment 450 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3– paragraph 3 – subparagraph 2 – point b
(ii) it is produced applying Biomass CO2 Capture and Storage and meets the requirements set in Article 29(11), second subparagraph.deleted
2022/03/17
Committee: ITRE
Amendment 464 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3– paragraph 3– subparagraph 2 – point b a (NEW)
(ba) In Article 3 - paragraph 3 - subparagraph 2 - point b, the following point is added: From 31 December 2023, and without prejudice to the obligations in the first sub-paragraph, Member States shall grant no support to the production of electricity from both primary and secondary biomass in electricity-only installations.
2022/03/17
Committee: ITRE
Amendment 475 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 3
No later than one year after [the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 on how to apply the cascading principle for biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to national specificities to ensure that wood is used in the following order of priorities: wood-based products, extending their service life, reuse, recycling, energy production, with a focus on support schemes and without prejudice to targets implemented in accordance with the Biodiversity Strategy.
2022/03/17
Committee: ITRE
Amendment 498 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
DIRECTIVE (EU) 2018/2001
Article 3 – paragraph – 4a
4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures and establishment of community energy initiatives, to a high level of renewable electricity supply. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non- biological origin.; In conformity with the energy efficiency first principle, Member States should ensure the flexible consumption, trade and storage of renewable electricity in these end-use sectors to help its penetration in a cost-effective way.
2022/03/17
Committee: ITRE
Amendment 539 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
DIRECTIVE (EU) 2018/2001
Article 9 – paragraph – 7a
7a. Member States bordering a sea basin shall cooperate to jointly define the amount of offshore renewable energy they plan to produce in that sea basin by 2050, with intermediate steps in 2030 and 2040. They shall take into accountand trajectories per sea basin in 2030 and 2040. They shall collectively ensure that those plans are in line with the fulfilment of the objectives laid down in Commission communication of 19 November 2020 entitled ‘An EU Strategy to harness the potential of offshore renewable energy for a climate neutral future’, while taking into account the protection of the marine biodiversity, the specificities and development in each region, the offshore renewable potential of the sea basin and the importance of ensuring the associated integrated grid planning. Member States shall notify that amount, as well as the intermediate steps and the trajectories per sea basin, in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999.; When Members States are not in line with the trajectories per sea basin, the European Commission may take complementary measures to support them.
2022/03/17
Committee: ITRE
Amendment 553 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Directive (EU) 2018/2001
Article 15 – paragraph 2
2. Member States shall clearly define any technical specifications which are to be met by renewable energy equipment and systems in order to benefit from support schemes and to be eligible under public procurement. Where harmonised standards or European standards exist, including technical reference systems established by the European standardisation organisations, such technical specifications shall be expressed in terms of those standards. Precedence shall be given to harmonised standards, the references of which have been published in the Official Journal of the European Union in support of European legislation, in their absence, other harmonised standards and European standards shall be used, in that order. Such technical specifications shall not prescribe where the equipment and systems are to be certified and shall not impede the proper functioning of the internal market; Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 554 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a a (new)
Directive (EU) 2018/2001
Article 15 point 1
(aa) article 15 point 1 is amended as follows "1. Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to plants andrenewable plants, including renewable hybrid power plants, and their associated transmission and distribution networks for the production of electricity, heating or cooling from renewable sources, to the process of transformation of biomass into biofuels, bioliquids, biomass fuels or other energy products, and to renewable liquid and gaseous transport fuels of non -biological origin are proportionate and necessary and contribute to the implementation of the energy efficiency first principle. Member States shall, in particular, take the appropriate steps to ensure that: (a) administrative procedures are streamlined and expedited at the appropriate administrative level and predictable timeframes are established for the procedures referred to in the first subparagraph; (b) rules concerning authorisation, certification and licensing are objective, transparent and proportionate, do not discriminate between applicants and take fully into account the particularities of individual renewable energy technologies; (c) administrative charges paid by consumers, planners, architects, builders and equipment and system installers and suppliers are transparent and cost -related; and (d) simplified and less burdensome authorisation procedures, including a simple -notification procedure, are established for decentralised devices, and for producing and storing energy from renewable sources. In addition, Member States shall develop strategic planning processes to identify available land for the deployment of renewable energy projects, such as degraded land and land available for multiple uses, such as car parks and roofs, and that do not interfere with the main activity of land managers. " Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv:OJ.L_.2018.328.01.0082.01.ENG)
2022/03/17
Committee: ITRE
Amendment 573 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c a (new)
Directive (EU) 2018/2001
Article 15 – paragraph 8
(ca) Article 15 , paragraph 8 is replaced by the following: "8. Member States shall assess the regulatory and administrative barriers to long-term renewables power purchase agreements at both national and cross- border level, and shall remove unjustified barriers to, and facilitate the uptake of, such agreements. Member States shall ensure that those agreements are not subject to disproportionate or discriminatory procedures or charges. Member States shall describe policies and measures facilitating the uptake of renewables power purchase agreements in their integrated national energy and climate plans and progress reports pursuant to Regulation (EU) 2018/1999. " Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 581 #

2021/0218(COD)

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

Article 1 – paragraph 1 – point 5 – point d

Article 15 – paragraph 9
9. By one year after the entry into force of this amending Directive, the Commission shall review, and where appropriate, propose modifications to, the rules on administrative procedures set out in Articles 15, 16 and 17 and their application, and may take additional measures to support Member States in their implementation. to renewable heating, cooling and power and renewable cogeneration, and shall take additional measures to support Member States in their implementation in particular by a Guidance document focused on adjustment and retrofitting of laws on mining and geological works, as well as ensuring adequate technical capacity to perform these tasks;
2022/03/17
Committee: ITRE
Amendment 584 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Directive (EU) 2018/2001
Article 15 – paragraph 9
9. By one year after the entry into force of this amending Directive, the Commission shall review, and where appropriate, propose modifications to,Accompanying this Directive, the Commission shall publish guidelines on permitting to shorten and simplify the process for new and repowered projects that must include recommendations on how to implement and apply the rules on administrative procedures set out in Articles 15, 16 and 17 and , togetheir application, and may take additional measures to support Member States in their implementation.; with a set of key process indicators to enable a transparent assessment of both progress and effectiveness.; Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 593 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Directive (EU) 2018/2001
Article 15 – paragraph 1
(5a) Article 15 - paragraph 1 is replaced by the following: "1. Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to plants andrenewable plants, including renewable hybrid power plants, and their associated transmission and distribution networks for the production of electricity, heating or cooling from renewable sources, to the process of transformation of biomass into biofuels, bioliquids, biomass fuels or other energy products, and to renewable liquid and gaseous transport fuels of non- biological origin are proportionate and necessary and contribute to the implementation of the energy efficiency first principle. Member States shall, in particular, take the appropriate steps to ensure that: (a) all administrative procedures are streamlined, including regional and municipal processes, and expedited at the appropriate administrative level (pursuant to Article 16, paragraph 4) and predictable timeframes are established for the procedures referred to in the first subparagraph; (b) rules concerning authorisation, certification and licensing are objective, transparent and proportionate, do not discriminate between applicants and take fully into account the particularities of individual renewable energy technologies; (c) administrative charges paid by consumers, planners, architects, builders and equipment and system installers and suppliers are transparent and cost-related; and (d) simplified and less burdensome authorisation procedures, including a simple-notification procedure, are established for decentralised devices, and for producing and storing energy from renewable sources. ; (e) authorization of renewable energy projects in RES go-to areas, which provide a significant contribution to decarbonization and to reducing EU’s dependency on energy imports, are dealt with as a matter of priority; (f) one-stop-shops for permitting is established, to ensure that renewable energy developers have a single contact point to national authorities, which ensures compliance and coherence across all relevant public authorities; (g) different public authorities cooperate and coordinate the processing and approval of applications for permits, e.g. through the one-stop-shops; and (h) in the case that an authorization for deploying renewable energy is appealed, that this appeal is addressed swiftly within one year, in addition to the two year timeline for processing permits, to avoid unnecessary delay in the planning and installation of renewable energy projects. In the planning and permit granting process, the deployment of energy from renewable sources and the related grid infrastructure is considered as being in the public interest and serving public safety without prejudice to Union and national laws on environmental protection. " Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 594 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
(5a) in paragraph 1, second subparagraph, point d is replaced by the following: "d) simplified and less burdensome authorisation procedures, including a simple-notification procedure and single- contact points, are established for decentralised devices, and for producing and storing energy from renewable sources. " Or. en (Directive 2018/2001, CELEX 32018L2001, https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=uriserv:OJ.L_.2018.328.01.0082.01.ENG)
2022/03/17
Committee: ITRE
Amendment 596 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 b (new)
Directive (EU) 2018/2001
Article 15 – paragraph 3
(5b) Article 15, paragraph 3 is replaced by the following: "3. Member States shall ensure that their competent authorities at national, regional and local level include provisions for the integration and deployment of renewable energy, including for renewables self- consumption and renewable energy communities, and the use of unavoidable waste heat and cold when planning, including early spatial planning, designing, building and renovating urban infrastructure, industrial, commercial or residential areas and energy and transport infrastructure, including electricity, district heating and cooling, natural gas and alternative fuel networks. Member States shall, in particular, encourage local and regional administrative bodies to include heating and cooling from renewable sources in the planning of city infrastructure where appropriate, and to consult the network operators to reflect the impact of energy efficiency and demand response programs as well as specific provisions on renewables self-consumption and renewable energy communities, on the infrastructure development plans of the operators. " Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 597 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 c (new)
(5c) Article 15 - Paragraph 10 Member States shall be required to develop strategic planning processes to identify available land to deploy renewable energy projects, in particular degraded land and land available for multiple uses, such as agricultural land and inland water bodies where renewable energy projects can be deployed.
2022/03/17
Committee: ITRE
Amendment 598 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 d (new)
(5d) Article 15 - Paragraph 11 Member States shall present an assessment of their permitting process and the measures for improvement to be taken in line with the guidelines in the updated integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/199 in accordance with the procedure and timeline laid down in that Article.
2022/03/17
Committee: ITRE
Amendment 599 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 e (new)
(5e) Article 15 - Paragraph 12 Member States shall be required to report on the above-mentioned statistical data on an annual basis, which shall be monitored by the European Commission through the Annual Semester process.
2022/03/17
Committee: ITRE
Amendment 600 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 f (new)
Directive (EU) 2018/2001
Article 16 – paragraph 1
(5f) " Article 16 - paragraph 1 " Article16 Organisation and duration of the permit- granting process 1. Member States shall set up or designate one or more contact points. Those contact points shall, upon request by the applicant, guide through and facilitate the entire administrative permit application and granting process. The applicant shall not be required to contact more than one contact point for the entire process. The permit- granting process shall cover the relevant administrative permits to build, repower and operate plants for the production of energy from renewable sources and assets necessary for their connection to the grid. The permit- granting process shall comprise all procedures from the acknowledgment of the receipt of the application to the transmission of the outcome of the procedure referred to in paragraph 2. 1a. For the simplified processes for repowering projects, Member States shall allow for the reutilisation of the location sites automatically and for project developers to carry out an environmental impact assessment limited to incremental negative environmental impacts compared to the initial project, in accordance with Article 2(4) of Directive 2011/92/EU, Directive 2009/147/EC and Council Directive 92/43/EEC. The length of that process shall not exceed one year. 1b. Member States shall create a new category called ‘Fit for 55 projects of special public interest’ for renewable energy and grid infrastructure projects that are of strategic interest. Projects falling under the category would benefit from a prioritisation of the permitting procedure by the competent authority and a simplification of the permitting process in the Member States. " " Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 601 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 g (new)
Directive (EU) 2018/2001
Article 16 – paragraph 4
(5g) Article 16, paragraph 4 is replaced by the following: "Article 16, Paragraph 4 4. Without prejudice to paragraph 7, the permit-granting process, including regional and municipal processes, referred to in paragraph 1 shall not exceed two years for power plants, including all relevant procedures of competent authorities. Where duly justified on the grounds of extraordinary circumstances, that two-year period may be extended by up to one year. " Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 602 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 h (new)
(5h) Article 15 - Paragraph 13 Member States shall ensure that Union environmental law is applied to the deployment of energy from renewable sources and grid infrastructure on the basis of the principle that the species protection refers to the entire population and not the individual specimens.
2022/03/17
Committee: ITRE
Amendment 603 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 i (new)
Directive (EU) 2018/2001
Article 16 – Paragraph 2
(5i) Article 16 - Paragraph 2 "Article 16, Paragraph 2 2. The contact point shall guide the applicant through the administrative permit application process in a transparent manner up to the delivery of one or several decisions by the responsible authorities at the end of the process, provide the applicant with all necessary information and involve, where appropriate, other administrative authorities. Applicants shall be allowed to submit relevant documents also in digital form. 2a. The permit-granting process referred to in Article 16.1 shall not exceed two years for renewable energy projects, including all relevant procedures, analysis of environmental impact assessment and grid connection permits processed by the different competent authorities. Where duly justified on the grounds of extraordinary circumstances, that two- year period may be extended by up to one year. A lack of response from the competent administration within the delay established would imply a positive resolution of the permitting procedure. " Or. en (32018L2001)
2022/03/17
Committee: ITRE
Amendment 610 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 15 a – paragraph –1
1. In order to promote the production and use of renewable energy in the building sector, Member States shall set an indicative target for the share of renewables in final energy consumption in their buildings sector in 2030 that is consistent with an indicative target of at least a 49 % share of energy from renewable sources in the buildings sector in the Union’s final consumption of energy in 2030. The national target shall be expressed in terms of share of national final energy consumption and calculated in accordance with the methodology set out in Article 7. Member States shall include their target in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it. To achieve their national indicative targets, Member States may take into account waste heat and cold.
2022/03/17
Committee: ITRE
Amendment 615 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 15a – paragraph – 2
2. Member States shall introduce measures in their building regulations and codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources both produced on-site and coming from the grid in the building stock, including national measures relating to substantial increases in renewables self- consumption, renewable energy communities and local energy storage, smart and bidirectional charging, and in combination with energy efficiency improvements relating to cogeneration and passive, nearly zero-energy and zero- energy buildings. Such measures shall contribute to the achievement of the national minimum target for the reduction of peak demand by 2030 set out in Article 3(1). Moreover, those measures should comply with the energy efficiency first principle, by including energy management solutions such as Energy Performance Contracts (EnPCs).
2022/03/17
Committee: ITRE
Amendment 630 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 15a – paragraph 3
3. Member States shall ensure that public buildings at national, regional and local level, fulfil an exemplary role as regards the share of renewable energy used, in accordance with the provisions of Article 9 of Directive 2010/31/EU and Article 5 of Directive 2012/27/EU. Member States may, among others, allow that obligation to be fulfilled by providing for the roofs and sub-surfaces of public or mixed private- public buildings to be used by third parties for installations that produce energy from renewable sources.
2022/03/17
Committee: ITRE
Amendment 641 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
(6a) The following Article is inserted: Article 15b To ensure that build out of renewable energy rapidly brings down EU’s dependency on imported energy and.at a pace needed, reduce to reach EU’s decarbonisation targets, Member States shall submit to the European Commission a list of onshore and offshore sites deemed particularly suitable for the deployment of renewable energy (“RES go-to areas”) by 2024. The potential buildout of renewable energy in these sites should be equivalent to meeting at least the contribution of renewable energy of that member state indicated in their NECP. Member States shall not be obliged to deploy renewable energy on the sites referred to in this article, but they shall make public the reason, if such sites are not used for the deployment of renewable energy before 2027. By 2027 Member States shall, furthermore, identify and submit to the European Commission a list of sites allocated for renewable energy deployment (‘RES go-to areas’) needed to reach EU’s 2040 Renewable Energy Target. For this purpose, the European Commission shall present an analysis of a renewable energy target for 2040, which brings the Union on course to cost- efficiently reach climate neutrality by 2050, by 2025.
2022/03/17
Committee: ITRE
Amendment 656 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
DIRECTIVE (EU) 2018/2001
Article 18 – paragraph 3 – subparagraph 2
Member States shall ensure that trained and qualified installers of renewable heating and, cooling and electricity from renewable sources systems are available in sufficient numbers for the relevant technologies to service the growth of renewable heating and cooling required to contribute to the annual increase in the share of renewable energy in the heating and cooling sector as set out in Article 23. By 31 December 2023 and every three years thereafter, Member States shall assess the gap between available and needed renewable trained and qualified installations professionals, and, where appropriate, provide recommendations to remove any gaps. That assessments and recommendations shall be publicly available.
2022/03/17
Committee: ITRE
Amendment 676 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point -a (new)
DIRECTIVE (EU) 2018/2001
Article 19, title
Guarantees of origin for energy from renewable sources content/EN/TXT/HTML/?uri=CELEX:32018L2001&from=FR#d1e1159-82-1)(-a) the title of Article 19 is replaced by the following: "Guarantees of origin for energy " Or. en (https://eur-lex.europa.eu/legal-
2022/03/17
Committee: ITRE
Amendment 677 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point -a (new)
DIRECTIVE (EU) 2018/2001
Article 19 – paragraph 1
(-a) paragraph 1 is replaced by the following: "1. For the purposes of demonstrating to final customers the share or quantityorigin of energy from renewable sources in an energy supplier's energy mix and in the energy supplied to consumers under contracts marketed with reference to the consumption of energy from renewable sources, Member States shall ensure that the origin of energy fprom renewable sourcesduction can be guaranteed as such within the meaning of this Directive, in accordance with objective, transparent and non-discriminatory criteria. " Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32018L2001&from=FR#d1e2650-82-1)
2022/03/17
Committee: ITRE
Amendment 680 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a – point i
DIRECTIVE (EU) 2018/2001
Article 19 – paragraph 2 – first subparagraph
To that end, Member States shall ensure that a guarantees of origin isare issued in response to a request from a producer of energy from renewable sourfor all sources of energy production. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh and issued for the time period when the production took places. Member States may arrange for guarantees of origin to be issued forshall also ensure that guarantees of origins smaller than 1 MWh , duly standardised through the European standard CEN-EN16325, are issued upon a request from a producer of energy from non- renewable sources. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh as well as all energy storage facilities providing that this does not lead to double counting. Simplified registration process and reduced registration fees shall be introduced for small installations of less than 50 kW. No more than one guarantee of origin shall be issued in respect of each unit of energy produced.; Member States shall ensure that the same unit of energy is taken into account only once.
2022/03/17
Committee: ITRE
Amendment 691 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a – point ii
(ii) the fifth subparagraph is deleted;
2022/03/17
Committee: ITRE
Amendment 693 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a a (new)
DIRECTIVE (EU) 2018/2001
Article 19 point 7
(aa) paragraph 7 is replaced by the following: "7. A guarantee of origin shall specify at least: (a) the energy source from which the energy was produced and the start and end dates of production; (b) whether it relates to: (i) electricity; (ii) gas, including(iii) hydrogen; or (iiiv) heating or cooling; (c) the identity, location, bidding zone, type and capacity of the installation where the energy was produced; (d) whether the installation has benefited from investment support and whether the unit of energy has benefited in any other way from a national support scheme, and the type of support scheme; (e) the date on which the installation became operational; and (f) the date, time period and congestion zone and country of issue and a unique identification number. Simplified information may be specified on guarantees of origin from installations of less than 50 kW. content/EN/TXT/HTML/?uri=CELEX:32018L2001&from=FR#d1e2650-82-1)Member States or the designated competent bodies shall include information on the greenhouse gas footprint of the produced energy covering life cycle greenhouse gas emissions as an optional field on the guarantee of origin. Until the delegated act as referred to in the subsequent paragraph has been published, this this shall be mandatory. By … [one year after the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 to supplement this Directive by specifying how to include information on a guarantee of origin related to the carbon footprint of the produced energy, with a focus on the development of a standardised calculation methodology. " Or. en (https://eur-lex.europa.eu/legal-
2022/03/17
Committee: ITRE
Amendment 697 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a a (new)
DIRECTIVE (EU) 2018/2001
Article 19 – paragraph 3
(aa) paragraph 3 is replaced by the following: "3. For the purposes of paragraph 1, guarantees of origin shall be valid for 12 months afterthe time period of the production of the relevant energy unit took place, where the maximum time unit is one hour. Member States shall ensure that all guarantees of origin that have not been cancelled expire at the latest 18 months after the production of the energy unit. Member States shall include expired guarantees of origin in the calculation of their residual energy mix. content/EN/TXT/HTML/?uri=CELEX:32018L2001&from=FR#d1e2650-82-1)" Or. en (https://eur-lex.europa.eu/legal-
2022/03/17
Committee: ITRE
Amendment 704 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
DIRECTIVE (EU) 2018/2001
Article 19 – paragraph 8
Where anAll electricity supplier iss shall be required to demonstrate the origin of all electricity supplied to end consumers including the share or quantity of energy from renewable sources in its energy mix for the purposes of Article 3(9), point (a) of Directive 2009/72/EC, it shall do so by using guarantees of origin except as regards the share of its energy mix corresponding to non-tracked commercial offers, if any, for which the supplier may use the residual mix.;.
2022/03/17
Committee: ITRE
Amendment 708 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b a (new)
DIRECTIVE (EU) 2018/2001
Article 19 – paragraph 13
(ba) paragraph 13 is replaced by the following: "13. The Commission shall adopt a report assessing options to establish a Union-wide green label with a view to promoting the use of renewable energy coming from new installations. Suppliers shall use the information contained in guarantees of origin to demonstrate compliance with the requirements of such a label. or other certification schemes substantiating green claims and renewable content. " Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32018L2001&from=FR#d1e2650-82-1)
2022/03/17
Committee: ITRE
Amendment 725 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10
DIRECTIVE (EU) 2018/2001
Article 20a – paragraph 1
1. Member States shall require transmission system operators and , if available the distribution system operators, distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and as close to real time as possible but in time intervals of no more than one hour, with forecasting where available. For distribution system operators, this information shall, if available, also include anonymised and aggregated data on the renewable electricity generated by consumers with on-site generation and injected into the distribution grid. This information shall be made available digitally in a manner that ensures it can be used by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices such as smart metering systems, electric vehicle publicly and non-publicly accessible recharging points, heating and cooling systems and building energy management systems. Transmission system operators and distribution system operators, where applicable, shall deploy the necessary coordination to access and harmonise their datasets to fulfil this task, including with the use of the ENTSO-E transparency platform, including the Common Information Model (CIM) standards. Member States shall incentivise upgrades of smart grids in order to make the information available to the distribution system operators to better monitor grid balance or make available real time information. Member States shall ensure that, until 2030 at the latest, the required data are available to the distribution system operators
2022/03/17
Committee: ITRE
Amendment 736 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10
DIRECTIVE (EU) 2018/2001
Article 20a – paragraph 1a
1 a. In order to optimise flexibility for a better integration of renewable energy on the demand-side, Member States shall ensure consumers have access to data associated with their own decentralised energy resources. Data shall also be made available to eligible parties, such as energy service providers, building energy management companies and electromobility service providers, through a standardised communication interface, subject to consumers' consent. No additional costs shall be charged to final customers for access to their data or to a request to make their data available to eligible parties. By ... [one year after the entry into force of this amending Directive], the Commission shall adopt an implementing act in accordance with Article 35 to supplement this Directive by specifying interoperability requirements and non- discriminatory and transparent procedures for access to the data.
2022/03/17
Committee: ITRE
Amendment 746 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10
DIRECTIVE (EU) 2018/2001
Article 20a – paragraph 3
3. In addition to the requirements in [the proposal for a Regulation concerning the deployment of alternative fuel infrastructure, repealing Directive 2014/94/EU], Member States shall ensure that all new or upgraded non–publicly accessible normal power recharging points installed in their territory from [the transposition deadline of this amending Directive] can support smart charging functionalities and interface with smart metering systems, when deployed by Member States, and, where appropriate based on assessment by the regulatory authority, bidirectional charging functionalities. Member States shall require their regulatory authorities to assess the potential contribution of bidirectional charging as set out in Article 14(4) of ... [the Alternative Fuel Infrastructure Regulation]. Member States shall take measures to adjust the availability and geographical distribution of bidirectional charging infrastructure. The assessment and recommendations shall be made publicly available. In order to support smart sector integration, Member States may apply support schemes for bidirectional public and private charging, when foreseen as contributing to the cost-effective penetration of renewable electricity in transport and the electricity system.
2022/03/17
Committee: ITRE
Amendment 812 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive (EU) 2018/2001
Article 22a – paragraph 1 – subparagraph 3 a (new)
1 a. Member States shall ensure that the contribution of local and indigenous renewable heating and cooling for final energy and non-energy purposes shall be 50 % of the final low and medium temperature energy and non-energy purposes in industry by 2030.
2022/03/17
Committee: ITRE
Amendment 830 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Directive (EU) 2018/2001
Article 23 – paragraph 1 – subparagraph 1
1. In order to promote the use of renewable energy in the heating and cooling sector, each Member State shall, increase the share of renewable energy in that sector by at least 1.12 percentage points as an annual average calculated for the periods 2021 to 2025 and 2026 to 2030, starting from the share of renewable energy in the heating and cooling sector in 2020, expressed in terms of national share of gross final energy consumption and calculated in accordance with the methodology set out in Article 7.
2022/03/17
Committee: ITRE
Amendment 848 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Directive (EU) 2018/2001
Article 23 – paragraph 1 – subparagraph 3 a (new)
To that end, an EU-wide risk mitigation framework shall be established by 31 December 2023 in order to facilitate and accelerate the deployment of renewable heating and cooling across the EU in a cost-effective manner. This will be used to support heating and cooling market maturity and guarantee schemes for Heat Purchase Agreements. The Risk Mitigation Framework will be managed by the European Commission, Member States and, if appropriate, an international financial institution.
2022/03/17
Committee: ITRE
Amendment 850 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Directive (EU) 2018/2001
Article 23 – paragraph 1a – new subparagraph
1 a. Member States shall ensure that regional and local authorities with an urban population greater than 20,000 inhabitants or a rural population greater than 5,000 inhabitants prepare local renewable heating and cooling plans, outlining any infrastructure requirements. Member States may also use the support of the Fund established under [the Social Climate Fund Regulation] to finance these plans.
2022/03/17
Committee: ITRE
Amendment 875 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Directive (EU) 2018/2001
Article 23 – paragraph 4
(e) creation of risk mitigation frameworks to reduce the cost of capital for renewable heat and cooling and waste heat and cold projects;
2022/03/17
Committee: ITRE
Amendment 896 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Directive (EU) 2018/2001
Article 23 – paragraph 4– subparagraph 2
When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers, in particular those in low-income or vulnerable households, who would not otherwise possess sufficient up-front capital to benefit. To further streamline uptake of relevant measures, the Commission shall, by one year after [the entry into force of this amending Directive], issue harmonised guidelines on, but not limited to, the design and operation of heat purchase agreements;
2022/03/17
Committee: ITRE
Amendment 912 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a
Directive (EU) 2018/2001
Article 24 – paragraph 1
1. Member States shall ensure that information on the energy performance and the share of renewable energy in their district heating and cooling systems, in accordance with the definition set out in ... [revised Directive (EU) 2018/2002], is provided to final consumers in an easily accessible manner, such as on bills or on the suppliers' websites and on request. The information on the renewable energy share shall be expressed at least as a percentage of gross final consumption of heating and cooling assigned to the customers of a given district heating and cooling system, including information on how much energy was used to deliver one unit of heating to the customer or end-user.;
2022/03/17
Committee: ITRE
Amendment 928 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 – point c
Directive (EU) 2018/2001
Article 24 – paragraph 4a
4a. Member States shall ensure that operators of district heating or cooling systems above 25 MWth capacity are obliencouraged to connect third party suppliers of energy from renewable sources and from waste heat and cold or are obliencouraged to offer to connect and purchase heat or cold from renewable sources and from waste heat and cold from third-party suppliers based on non-discriminatory criteria set by the competent authority of the Member State concerned, where such operators need to do one or more of the following:
2022/03/17
Committee: ITRE
Amendment 931 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 – point d
DIRECTIVE (EU) 2018/2001
Article 24 – paragraph 5
5. Member States may allow aAn operator of a district heating or cooling system tomay refuse to connect and to purchase heat or cold from a third-party supplier in any of the following situations:
2022/03/17
Committee: ITRE
Amendment 980 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25
(bb) In accordance with, but not limited to requirements set out in … [RefuelEU Aviation COM(2021) 561] and … [FuelEU Maritime COM(2021) 562], all eligible fuels shall be accompanied by a proof of sustainability certificate containing all necessary details in order to enable the fuel users to claim benefits under the applicable mandatory or voluntary greenhouse gas schemes and to account for the respective greenhouse gas reductions in their individual, company- related carbon reporting, irrespective of the physical delivery. Double claiming shall not be allowed. If appropriate, the Commission shall review and submit a proposal to amend existing applicable provisions set out in Regulations (EU) 2015/757, (EU) 2018/2066 and (EU) 2018/2067 in order to ensure coherent implementation
2022/03/17
Committee: ITRE
Amendment 1005 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25 – paragraph 2
2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electric vehicles through public and non public recharging stations for light and heavy duty vehicles shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.; The allocation of credits shall be based on accurate information backed-up by guarantees of origin referred to in Article 19 and relying on information shared by system operators on the share of renewable electricity.
2022/03/17
Committee: ITRE
Amendment 1013 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive (EU) 2018/2001
Article 25 – paragraph 2
2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electric vehicles through public and private recharging stations shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.;
2022/03/17
Committee: ITRE
Amendment 1115 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point iii
Directive (EU) 2018/2001
Article 27
However, electricity obtained from direct connection to anone or several installation generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non- biological origin, provided that the installation:; biological origin, provided that the installation demonstrates that the electricity concerned has been supplied without taking electricity from the grid. The installations generating renewable electricity do not receive support in form of operating aid for the production of renewable fuels of non- biological origin, or such support has ended. Electricity that has been taken from the grid may be counted as fully renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated, ensuring that the renewable properties of that electricity are claimed only once and only in one end- use sector. This can be fulfilled by complying with the following requirements: To demonstrate the renewable properties, fuel producers should be required to conclude one or more renewable power purchase agreements with installations generating electricity for an amount that is at least equivalent to the amount of electricity that is claimed as fully renewable. The installations generating renewable electricity do not receive support in form of operating aid, or such support has ended. The balance between the renewable electricity purchased through one or several power purchase agreements and the amount of electricity taken from the grid to produce the fuel shall be achieved on a monthly basis in order for the production to be fully qualified as renewable fuel of non-biological origin. From 1 January 2026, the balance between the renewable electricity purchased through one or several power purchase agreements and the amount of electricity taken from the grid to produce the fuel shall be achieved on a daily basis in order for the production to be fully qualified as renewable fuel of non biological origin. This requirement shall apply to all existing plants, including the ones commissioned before 2026. The different options for electricity sourcing may be combined given that the criteria of each sourcing option shall be respected. A power purchase agreement can be signed with an existing installation producing renewable electricity provided that the installation does not receive support in form of operating aid at the date the contract enters into force, or such support has ended. Member States shall ensure that the total demand of electricity, including electricity demand used for the production of RFNBOs, is taken into account and anticipated in their National Energy and Climate Plans with a view to ensure that the decarbonisation trajectory is efficient.
2022/03/17
Committee: ITRE
Amendment 1210 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive (EU) 2018/2001
Article 29a - point 3
3. The Commission is empowered toBy 31 December 2023, the Commission shall adopt a delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for CO2 the capture of which has already received an emission credit under other provisions of law.;
2022/03/17
Committee: ITRE
Amendment 1223 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point b
Directive (EU) 2018/2001
Article 30 – paragraph 3 – subparagraph 1
Member States shall take measures to ensure that economic operators submit reliable information regarding the compliance with the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), and that economic operators make available to the relevant Member State, upon request, the data used to develop that information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud, including verification ensuring that materials are not intentionally modified or discarded so that e.g. the consignment of primary woody biomass or part thereof could become a waste or residue. It shall evaluate the frequency and methodology of sampling and the robustness of the data.
2022/03/17
Committee: ITRE
Amendment 1242 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive (EU) 2018/2001
Article 31a point 1
1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels and recycled carbon fuels by the end of 2022.
2022/03/17
Committee: ITRE
Amendment 1264 #

2021/0218(COD)

Proposal for a directive
Article 2 a (new)
Regulation (EU) 2019/943
Article 55 – paragraph 1 – point b
Article 2 a Article 2a Amendment to Regulation (EU) 2019/943 "In Article 55, paragraph 1, point (b) is replaced by the following: b) facilitating the integration of renewable energy resources, distributed generation and other resources embedded in the distribution network such as energy storage; , low to medium temperature renewable heating and cooling district heating systems or renewable community heating and cooling systems as outlined in Article 2. of [amended Directive 2018/2001/EC];"; " Or. en (Regulation 2019/943, CELEX 32019R0943, https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32019R0943)
2022/03/17
Committee: ITRE
Amendment 1298 #

2021/0218(COD)

Proposal for a directive
Annex I – paragraph 1 – point 6 a (new)
Directive (EU) 2018/2001
Annex VI – Part A
Woodchips from stemwood (6 a) in Annex VI part A, table, row 5 is deleted; " " Or. en (Directive 2018/2001, CELEX:32018L2001)
2022/03/17
Committee: ITRE
Amendment 194 #

2021/0211(COD)

Proposal for a directive
Recital 15
(15) In 2013, the Commission adopted a strategy for progressively integrating maritime emissions into the Union's policy for reducing greenhouse gas emissions. As a first step in this approach, the Union established a system to monitor, report and verify emissions from maritime transport in Regulation (EU) 2015/757 of the European Parliament and of the Council47 , to be followed by the laying down of reduction targets for the maritime sector and the application of a market based measure. In line with the commitment of the co- legislators expressed in Directive (EU) 2018/410 of the European Parliament and of the Council48 , action by the International Maritime Organization (IMO) or the Union should start from 2023, including preparatory work on adoption and implementation of a measure ensuring that the sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement and due consideration being given by all stakeholders. In order to increase the environmental effectiveness of EU measures and avoid unfair competition and incentives for circumvention, the scope of Regulation (EU) 2015/757 should be amended to cover ships with a gross tonnage above 400. The EU ETS should include such ships where they have annual emissions over 1 000 tonnes CO2 equivalents per year. The maritime emissions covered by the EU ETS should also include methane, which should therefore be part of the scope of Regulation (EU) 2015/757. _________________ 47Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55). 48Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3).
2022/02/22
Committee: ENVI
Amendment 236 #

2021/0211(COD)

Proposal for a directive
Recital 24 a (new)
(24a) The EU ETS should as much as possible avoid undue exemptions and distortive measures. Municipal waste incineration is an important source of greenhouse gas emissions and should be included under the EU ETS. The inclusion would encourage waste prevention and recycling and contribute to the economy-wide decarbonisation. Since recycling and regeneration activities are already covered by the EU ETS, the inclusion would reinforce incentives for sustainable management of waste in line with the waste hierarchy. It would complement other elements of EU waste legislation. Moreover, integrating waste incineration into the EU ETS would create a level playing field between the regions that have included municipal waste incineration under the scope, reducing the risk of tax competition between regions.
2022/02/22
Committee: ENVI
Amendment 243 #

2021/0211(COD)

Proposal for a directive
Recital 26
(26) Achieving the Union’s emissions reduction target for 2030 while at the same time pursuing the goal of the Paris Agreement to limit global warming to 1,5 degrees will require a significant reduction in the emissions of the sectors covered by the EU ETS of 61 % compared to 2005. The Union-wide quantity of allowances of the EU ETS needs to be reduced progressively to create the necessary long-term carbon price signal and drive for this degree of decarbonisation. To this end, the linearannual reduction factor should be increased, also taking into account the inclusion of emissions from maritime transport. The latter should be derived from the emissions from maritime transport activities reported in accordance with Regulation (EU) 2015/757 for 2018 and 2019 in the Union, adjusted, from year 2021, by the linear reduction factor.
2022/02/22
Committee: ENVI
Amendment 252 #

2021/0211(COD)

Proposal for a directive
Recital 27
(27) Bearing in mind that this Directive amends Directive 2003/87/EC in respect of a period of implementation that has already started on 1 January 2021, for reasons of predictability, environmental effectiveness and simplicity, the steeper linear reduction pathway of the EU ETS should be a straight line from 2021 to 2030, such as to achieve emission reductions in the EU ETS of 61 % by 2030, as the appropriate intermediate stepprovide a clear direction towards Union economy- wide climate neutrality in 2050 at the latest. As the increased linear reduction factor can only apply from the year following the entry into force of this Directive, a one-off reduction of the quantity of allowances should reduce the total quantity of allowances so that it is in line with this level of annual reduction having been made from 2021 onwardse average emissions of the previous three years, adjusted, from the mid-point of this period, by the linear reduction factor.
2022/02/22
Committee: ENVI
Amendment 255 #

2021/0211(COD)

(27a) The main method for allocating emission allowances in the EU ETS is auctioning. The EU ETS should therefore gradually move away from the transitional system of free allocations in order to ensure a market-based system respecting the polluter pays principle.
2022/02/22
Committee: ENVI
Amendment 265 #

2021/0211(COD)

Proposal for a directive
Recital 28
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. This includes the use for financial support to address social aspects in lower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member Statessupport the transition to innovative decarbonised technologies and processes, and to the upscaling of relevant technologies across the Union in a way that contributes to mitigating climate change in line with the objectives set out in Regulation (EU) 2021/1119, an additional amount of 2,5 % of the Union- wide quantity of allowances from [year of entry into force of the Directive] to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/ECfor the Innovation Fund, to be renamed the Net-Zero Fund.
2022/02/22
Committee: ENVI
Amendment 306 #

2021/0211(COD)

Proposal for a directive
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 20254, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year5, 80 % in 2026, 70 % in 2027, 50 % in 2028, 25 % in 2029 and reach 0 % in 2030. 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 InnovationNet-Zero Fund, so as to support inter alia 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 and the upscaling of relevant technologies in a way that contributes to mitigating climate change consistently with the objectives set out in Regulation (EU) 2021/1119. 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 allocation. _________________ 51 [please insert full OJ reference]
2022/02/22
Committee: ENVI
Amendment 348 #

2021/0211(COD)

Proposal for a directive
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support both innovation projects and measures that implement and scale up innovative technologies that contribute significantly to decarbonisation in line with the Union´s climate targets. To reflect this, the Fund should be renamed "Net-Zero Fund". The Fund should support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the InnovationNet-Zero Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the InnovationNet-Zero Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the InnovationNet-Zero Fund. _________________ 52[add ref to the FuelEU Maritime Regulation].
2022/02/22
Committee: ENVI
Amendment 368 #

2021/0211(COD)

Proposal for a directive
Recital 37 a (new)
(37a) It is the nature of the EU ETS that auctioning of allowances is the default allocation method, with transitional free allocation in place as a protection against the risk of carbon leakage. Free allocation of emission allowances to prevent carbon leakage should be targeted on those sectors genuinely exposed to such risks while maintaining appropriate protection against carbon leakage also in sectors outside the CBAM. The carbon leakage list should therefore be revised to reflect the different levels of exposure to carbon leakage risks. Furthermore, to provide incentives for decarbonisation and recognise emissions reductions, installations whose emissions are below the relevant benchmark values should be exempted from the cross-sectoral correction factor, in case such factor is applied.
2022/02/22
Committee: ENVI
Amendment 638 #

2021/0211(COD)

Proposal for a directive
Recital 67 b (new)
(67b) The success of the European carbon market is critical from a global perspective, as it will encourage more countries to introduce market driven carbon pricing. The Carbon Border Adjustment Mechanism will extend carbon pricing to imported products sold on the EU market, but the EU should at the same time engage in international cooperation for the introduction of carbon pricing mechanisms. The Commission should further analyse how linkages with other carbon markets could be established while ensuring the achievement of the EU´s own economy-wide climate target. The Commission should actively pursue the establishment of an international “Carbon club” for ensuring continuous exchange in good faith with the EU’s trade partners. Its objective should be to allow for the comparison and coordination of carbon pricing measures as well as non-carbon pricing measures with an impact on emission reduction. The Carbon club should also support the comparability of climate measures by ensuring the quality of climate monitoring, reporting and verification among its members. Membership of the club should be informal, open and on a voluntary basis for countries aiming at high climate ambition in line with the Paris Agreement.
2022/02/24
Committee: ENVI
Amendment 639 #

2021/0211(COD)

Proposal for a directive
Recital 67 c (new)
(67c) In addition to effective carbon pricing based on a well-function emission trading system, market transparency is of key importance for enabling swift and cost-efficient emissions reductions in all sectors of the economy. To allow consumers and all actors along the supply chain to make informed choices concerning the emission embedded in products, a European system for robust carbon footprint labelling of products should be developed.
2022/02/24
Committee: ENVI
Amendment 685 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2003/87/EC
Article 3a – paragraph 1
Articles 3b to 3f shall apply to the allocation and issue of allowances in respect of the aviation activities listed in Annex I. Articles 3g to 3ge shall apply in respect of the maritime transport activities listed in Annex I, in respect of CO2 and methane emissions from ships with greenhouse gas emissions above 1 000 tonnes CO2eq per year.
2022/02/24
Committee: ENVI
Amendment 695 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, fifty percent (50 %) of the emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundred percent (100 %) of emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and one hundred percent (100 %) of emissions from ships at berth in a port under the jurisdiction of a Member State.
2022/02/24
Committee: ENVI
Amendment 750 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga a (new)
Article 3gaa Ocean Fund 1. 50 % of the revenues generated from the auctioning of allowances referred to in Article 3g shall be auctioned to establish a fund (‘the Ocean Fund’) under the Fund established under Article 10a(8), applying the rules for governance and support as laid down in that Article. Its objective shall be to support projects and investments referred to in paragraph 2. Furthermore, the external assigned revenues referred to in Article 21(2) of Regulation (EU) [FuelEU Maritime] shall be allocated to the Ocean Fund. 2. Funds provided under the Ocean Fund shall be used to support projects and investments in relation to the following: improvement of the energy efficiency of ships and ports; innovative technologies and infrastructure for decarbonising the maritime transport sector, including as regards short sea shipping and ports; deployment of sustainable alternative fuels, such as hydrogen and ammonia, that are produced from renewable energy; zero-emission propulsion technologies, including wind technologies; development of innovative technologies and fuels for ice-class ships and winter navigation in frozen areas. 20% of the revenues under the Fund shall be used to contribute to the protection, restoration and better management of marine ecosystems impacted by global warming, such as marine protected areas; and to promote a crosscutting sustainable blue economy such as renewable marine energy.
2022/02/24
Committee: ENVI
Amendment 769 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 1
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organization of a global market-based measure to reduce greenhouse gas emissions from maritime transport. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall present a report to the European Parliament and to the Council in which it shall examine any such measure. WThe re appropriate, the Commission may follow toport shall examine the ambition and overall environmental integrity of the measures decided upon by IMO, including their general ambition in relation to targets under the Paris Agreement, to the Union economy-wide greenhouse gas emissions reduction target for 2030 and to the climate- neutrality objective as defined in Regulation (EU) 2021/1119. Where appropriate, the Commission may accompany the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate, including concerning its coverage of voyages to and from the EU, in a manner that is consistent with the aim of preserving the environmental integrity and effectiveness of Union climate action, in particular the Union economy-wide greenhouse emissions reduction target for 2030 and the climate-neutrality objective as defined in Regulation (EU) 2021/1119.
2022/02/24
Committee: ENVI
Amendment 784 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 3h – paragraph 1 a (new)
From [the year of entry into force of this amendment], the provisions of this Chapter shall apply to greenhouse gas emissions permits in respect of municipal waste incineration installations. The obligation to surrender allowances in respect of emissions from these installations shall apply to emissions from the year 2025 onwards.
2022/02/24
Committee: ENVI
Amendment 793 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined dependequal the average emissions of the previous three years, adjusted, from the mid-poingt on year of entry into force)]f this period, by the linear reduction factor. In the same year, the Union-wide quantity of allowances shall be increased by 79 milliona number of allowances fcor maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %responding to the emissions from maritime transport activities reported in accordance with Regulation (EU) 2015/757 for 2018 and 2019 in the Union, adjusted, from year 2021, by the linear reduction factor. In [the year following entry into force of this amendment], the linear factor shall be 4,2 %. In each subsequent year, the reduction factor shall increase by 0,1 percentage points compared to the previous year. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
2022/02/24
Committee: ENVI
Amendment 794 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined dependequal the average emissions of the previous three years, adjusted, from the mid-poingt on year of entry into force)]f this period, by the linear reduction factor. In the same year, the Union-wide quantity of allowances shall be increased by 79 milliona number of allowances fcor maritime transportresponding to the emissions from maritime transport activities reported in accordance with Regulation (EU) 2015/757 for 2018 and 2019 in the Union, adjusted, from year 2021, by the linear reduction factor. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %. Starting in 2026, the linear factor shall be 4,6 %. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
2022/02/24
Committee: ENVI
Amendment 823 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a (new)
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 2
(-a) In Article 10(1), the second subparagraph is replaced by the following: "From 2021 onwards, and without prejudice to a possible reduction pursuant to Article 10a(5a), the share of allowances to be auctioned shall be 57%. From ... [the year following entry into force of this Directive] onwards, and without prejudice to a possible reduction pursuant to Article 10a(5a), the share of allowances to be auctioned shall be 60 %. The share of allowances to be auctioned, without prejudice to a possible reduction pursuant to Article 10a(5a) shall thereafter be revised upwards as follows: 70 % from 2028, and 80 % from 2030. From 2035 onwards, all allowances shall be auctioned." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32003L0087)
2022/02/28
Committee: ENVI
Amendment 838 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3a
In addition, 2,5 % of the total quantity of allowances between [year following the entry into force of the Directive] 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 IIbNet-Zero Fund established in accordance with Article 10a(8) to support to the transition to innovative decarbonised technologies and processes, and to the upscaling of relevant technologies across the Union, in a way that contributes to mitigating climate change in line with the objectives set out in Regulation (EU) 2021/1119.
2022/02/28
Committee: ENVI
Amendment 977 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and, improving energy efficiency and promote innovative decarbonised products, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks.;y ... [6 months of the entry into force of this Directive] in view of modifying and broadening the scope of the definitions and system boundaries of existing product benchmarks ensuring that, depending on the benchmark, free allocation for the production of a product is independent of the feedstock or the type of production process, accounts for the circular use potential of materials, and avoids that installations with partially or fully decarbonised processes producing products with similar or equal characteristics as conventional installations in the benchmark are excluded from or cannot participate in the benchmarks.
2022/03/04
Committee: ENVI
Amendment 1043 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a - paragraph 1a - subparagraph 2
By way of derogation from the previous subparagraph, for the first years of operation of Regulation [CBAM], the production of these products shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of these products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period duringfrom the entry into force of [CBAM regulation] and the end ofuntil 31 December 2024, 90 % in 2025, 980 % in 2026 and shall be reduced by 10 percentage points each year to reach 0 % by the tenth year, 70 % in 2027, 50 % in 2028, 25 % in 2029 and reach 0 % in 2030.
2022/03/04
Committee: ENVI
Amendment 1164 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
36425 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 875 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well asthe allowances referred to in Article 10(1), fourth subparagraph, and all the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in low-carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovationand the scaling up of technologies contributing significantly to the decarbonisation of the sectors covered by this regulation (the ‘Net-Zero Fund’). Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph. The Ocean Fund established under Article 3gdb shall operate as part of the Innovation Fund.
2022/03/01
Committee: ENVI
Amendment 1178 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 2
In addition, 50 million unallocated allowances from the market stability reserve shall supplement any remaining revenues from the 300 million allowances available in the period from 2013 to 2020 under Commission Decision 2010/670/EU(*), and shall be used in a timely manner for innovation and decarbonisation support as referred to in the first subparagraph. Furthermore, the external assigned revenues referred to in Article 21(2) of Regulation (EU) [FuelEU Maritime] shall be allocated to the InnovationOcean Fund as part of the Net-Zero Fund and implemented in line with this paragraph.
2022/03/01
Committee: ENVI
Amendment 1217 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 7
The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning rules on the operation of the InnovationNet-Zero Fund, including the selection procedure and criteria, and the eligible sectors and technological requirements for the different types of support. The Commission shall aim for a timetable that frontloads the support from the Fund to the beginning of the period.
2022/03/01
Committee: ENVI
Amendment 1401 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 c (new)
Directive 2003/87/EC
Article 30 – paragraph 3
(19c) In Article 30, paragraph 3 is replaced by the following: "The Commission shall report to the European Parliament and to the Council in the context of each global stocktake agreed under the Paris Agreement, in particular with regard to the need for additional Union policies and measures in view of necessary greenhouse gas reductions by the Union and its Member States, including in relation to the linear factor referred to in Article 9. The Commission may make proposals to the European Parliament and to the Council to amend this Directive where appropriate. The proposals shall ensure compliance with Union climate targets as laid down in Regulation (EU) 2021/1119, and shall represent progression over time and reflect the highest possible ambition, in line with the Paris Agreement." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32003L0087)
2022/03/01
Committee: ENVI
Amendment 1404 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 b (new)
Directive 2003/87/EC
Article 30 – paragraph 4 b (new)
(20b) In Article 30, the following paragraph is added: “4b. When reviewing this Directive in accordance with paragraphs 1 to 3, the Commission shall analyse how linkages with other carbon markets can be established, while ensuring the achievement of the Union´s economy- wide climate target.”
2022/03/01
Committee: ENVI
Amendment 1512 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 2
2. Where, for more than three consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than three times the average price of allowance during the six preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 1560 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
2022/03/02
Committee: ENVI
Amendment 1548 #

2021/0211(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1
In any given year, if the total number of allowances in circulation is between 833700 million and 1 09600 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 833700 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 09600 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 1230 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubledStarting in 2025, the thresholds of 700 million allowances and 1 000 million allowances shall decline each year in accordance with the reduction factor specified in Article 9.
2022/03/02
Committee: ENVI
Amendment 1593 #

2021/0211(COD)

Proposal for a directive
Article 3 – paragraph 1 – point -1 a (new)
Regulation (EU) 2015/757
Article 2 – paragraph 1
(-1a) in Article 2, paragraph 1 is replaced by the following: "1. This Regulation applies to ships above 5 0400 gross tonnage in respect of CO2greenhouse gas emissions released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015R0757-20161216)”; Or. en
2022/03/02
Committee: ENVI
Amendment 1650 #

2021/0211(COD)

Proposal for a directive
Annex I – paragraph 1 – point a a (new)
Directive 2003/87/EC
Annex I – point 5
(aa) point 5 is replaced by the following: "5. When the capacity threshold of any activity in this Annex is found to be exceeded in an installation, all units in which fuels are combusted, other than units for the incineration of hazardous or municipal waste, shall be included in the greenhouse gas emission permit. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)” Or. en
2022/03/02
Committee: ENVI
Amendment 1653 #

2021/0211(COD)

Proposal for a directive
Annex I – paragraph 1 – point b – point -i (new)
Directive 2003/87/EC
Annex I – table – row 1 – column 1
(-i) in the first row, the first column is replaced by the following: "Combustion of fuels in installations with a total rated thermal input exceeding 20 MW (except in installations for the incineration of hazardous or municipal waste) (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)waste)” Or. en
2022/03/02
Committee: ENVI
Amendment 91 #

2021/0207(COD)

Proposal for a directive
Recital 11 a (new)
(11a) While CORSIA is a mechanism that compensates for emissions through offsets, the EU ETS has proven to be an effective tool to reduce emissions through a pre-defined path and thus at the same time incentivising innovation and frontrunners when it comes to efficient emissions reductions. While CORSIA applies to emissions above a baseline and thus tackling only a part of the total emissions, the EU ETS applies to all emissions of each flight. To ensure ambitious economy-wide greenhouse gas emissions reductions in all sectors in line with the Paris Agreement, and to contribute to an international level playing field, from 2024 the EU ETS should therefore apply to all departing and arriving flights from and to an aerodrome located in the EEA, as foreseen by Directive 2008/101/EC. In order to take into account the simultaneous participation in CORSIA, the financial value of expenditure on credits used for CORSIA on these routes should be deductible from the financial obligations under the EU ETS. In case measures of equivalent stringency to the EU ETS are applied within CORSIA, or by third countries, the emissions scope of the EU ETS should be adjusted accordingly. This will also serve as an incentive to further strengthen the work done on ICAO level.
2022/02/18
Committee: ENVI
Amendment 94 #

2021/0207(COD)

Proposal for a directive
Recital 12
(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for all flights departing from an aerodrome located in the EEA andor arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom. The allocation for the year 2024 should be based on the total allocation to active aircraft operators in year 2023, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 2023 but are covered by the EU ETS from year 2024 onwards.
2022/02/18
Committee: ENVI
Amendment 102 #

2021/0207(COD)

Proposal for a directive
Recital 13
(13) Increased auctioning from the year after the entry into force of this amendment to Directive 2003/87/ECFrom 2024, full auctioning should be the rule for the aviation sector allocation of allowances, taking into account the sector’s ability to pass on the increased cost of CO2.
2022/02/18
Committee: ENVI
Amendment 108 #

2021/0207(COD)

Proposal for a directive
Recital 14
(14) Directive 2003/87/EC should also be amended with regard to acceptable compliance units, to take into account the Unit Eligibility Criteria adopted by the ICAO Council at its 216th session in March 2019 as an essential element of CORSIA. Airlines based in the Union should be able to use international credits for compliance with CORSIA for flights to or from third countries that are considered to be participating in CORSIA, and they should be able to deduct the financial value of these credits from their surrendered EU ETS allowances for these routes. To ensure that the Union’s CORSIA implementation supports the Paris Agreement goals and gives incentives for broad participation to CORSIA, the credits should originate from states that are parties to the Paris Agreement and that participate in CORSIA, and double counting of credits should be avoided. Any deviation from the CORSIA baseline, which is set at 2019-2020, with a time- limited exception for the years 2021 to 2023, should be deemed as non- compliance for the purpose of this Directive.
2022/02/18
Committee: ENVI
Amendment 119 #

2021/0207(COD)

Proposal for a directive
Recital 17
(17) For CORSIA implementation on flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, surrender obligations should be decreased for Union-based aircraft operators operating these flights. Aircraft operators’ surrender obligations for these flights should be dec through the possibility to subtract from the corresponding EU ETS allowances the financial value of CORSIA credits repreased to onlynting their share of collective international aviation emissions above collective 2019 levels, in respect of emissions during 2021-23, and above collective 2019-20 levels for subsequent years of CORSIA application.
2022/02/18
Committee: ENVI
Amendment 125 #

2021/0207(COD)

Proposal for a directive
Recital 19
(19) As CORSIA implementatTo ensure that emissions and enforcement for aircraft operators based outside the Union is meant to belong solely to the home country of these aircraft operators, implementing CORSIAre not accounted for twice for departing and incoming flights and to take due account of CORSIA offsetting obligations above a baseline set at the 2019 level for the years 2021-2023 and set at the average 2019- 2020 level for the years 2024-2035, aircraft operators should be able to deduct the financial value of expenditure on credits used for CORSIA by them for flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom means exempting aircraft operators based outside the Union from the EU ETS obligations for these flights.
2022/02/18
Committee: ENVI
Amendment 127 #

2021/0207(COD)

Proposal for a directive
Recital 20
(20) To ensure equal treatment on routes, flights to and from countries that are not implementing CORSIA should be exempt from EU ETS or CORSIA obligations and from the possibility to subtract the financial value of CORSIA credits from EU ETS allowances for these routes. To incentivise full implementation of CORSIA starting in 2027, the exemption should only apply to emissions up to 31 December 2026.
2022/02/18
Committee: ENVI
Amendment 145 #

2021/0207(COD)

Proposal for a directive
Recital 24 a (new)
(24a) Aviation has an impact on the global climate through releases of Carbon dioxide, nitrogen oxides (NOx), water vapour and sulphate and soot particles. The significance of non-CO2 climate impacts from aviation activities, previously estimated to be at least as important in total as those of CO2 alone, is fully confirmed by the report from the Commission to the European Parliament and the Council ,,Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to EU Emissions Trading System Directive Article 30(4)’’. Non-CO2 emissions and their impacts cannot be ignored as they potentially represent approximately 60% of total climate impacts that are important in the shorter term (excluding cloudiness impacts). Air traffic management authorities should apply effective pricing and operational measures in order to incentivise airlines to avoid the formation of contrails and cirrus clouds through changes in flight patterns, namely by ensuring that flights avoid areas where due to specific atmospheric conditions the formation and persistence of such clouds is foreseen. In addition, the Commission should strongly promote research on the formation of contrails and cirrus clouds including effective mitigation measures that do not adversely affect other environmental goals, such as hydrotreating kerosene to reduce aromatics that lead to contrail formation, building cleaner engines to reduce NOx emissions, identifying areas in the atmosphere to avoid flying into to reduce contrail persistence. The Commission should therefore urgently conduct an updated analysis on the non-CO2 effects of aviation and propose an effective legislative tool, such as a multiplier per tonne of CO2 within the EU ETS framework, to address these emissions.
2022/02/18
Committee: ENVI
Amendment 159 #

2021/0207(COD)

Proposal for a directive
Recital 26 a (new)
(26a) In addition, a part of the revenues from the auctioning of aviation allowances should be used under the Innovation Fund of the EU ETS to support the fast transition towards clean technologies and decarbonisation in the aviation sector, in particular relating to the uptake of such technologies, notably clean and sustainable aviation fuels as well as designs aiming to reduce the climate impact of the aviation sector, particularly in the areas of operational, aeronautics, airframe and engine innovation.
2022/02/18
Committee: ENVI
Amendment 163 #

2021/0207(COD)

Proposal for a directive
Recital 26 b (new)
(26b) The deployment of clean and sustainable aviation fuels has a big potential to reduce greenhouse gas emissions in the aviation sector. Due to their significantly higher production cost, these fuels are not yet economically viable. In the light of mandatory quotas for the share of sustainable aviation fuels as laid down in a Regulation at Union level on ensuring a level playing field for sustainable air transport and various voluntary commitments, planning certainty regarding the emissions counting under the EU ETS is crucial. Therefore, the Commission should without delay update the emissions accounting for these fuels to avoid double-counting and provide for zero- counting under the EU ETS for renewable fuels of non-biological origin and recycled carbon fuels produced using renewable sources, such as electrofuels, where it can be ascertained that corresponding EU ETS allowances for captured greenhouse gases have been surrendered in the manufacturing process. Until then, emissions from these fuels should be counted zero.
2022/02/18
Committee: ENVI
Amendment 165 #

2021/0207(COD)

Proposal for a directive
Recital 26 c (new)
(26c) Given the increasing carbon costs resulting from the full auctioning of allowances in the aviation sector, an economic disadvantage may arise for aircraft operators using hubs within the Union compared to those using hubs outside the Union. As flights to third country hubs are currently not covered by the EU ETS, there might be an advantage for those operators feeding flights outside the Union, where less stringent emission reduction measures are applied. This could lead to shift to these hubs and therefore an increase of emissions eventually resulting in negative impacts on global warming. Extending the scope of the EU ETS to flights from and to aerodromes outside the EEA, Switzerland and the United Kingdom would lead to a fairer competition and more efficient greenhouse gas reduction.
2022/02/18
Committee: ENVI
Amendment 172 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 5
5. The Commission shall determine the total quantity of allowances to be allocated in respect of aircraft operators for the year 2024 on the basis of the total allocation of allowances in respect of aircraft operators that were performing aviation activities falling within Annex I in the year 2023, reduced by the linear reduction factor specified in Article 9, and shall publish that quantity, as well as the quantity of free allocation which would have taken place in 2024 if the rules for free allocation were not updated.
2022/02/18
Committee: ENVI
Amendment 195 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 d – paragraph 1
1. InAs from 1 January 2024, 25%all of the quantity of allowances in respect of which free allocation would have taken place as published in accordance with Article 3cin that year shall be auctioned.’,
2022/02/16
Committee: ENVI
Amendment 197 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d – paragraphs 1 a to 1 d
(b) the following paragraph 1a, 1b, 1c and 1d are added: 1a. allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned. 1b. allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned. 1c. quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’, 1.d. for free shall be allocated to aircraft operators proportionately to their share of verified emissions from aviation activities reported in 2023. This calculation shall also take into account verified emissions from aviation activities reported in respect of flights that are only covered by the EU ETS from 1 January 2023.’,deleted In 2025, 50% of the quantity of In 2026, 75% of the quantity of As from 1 January 2027, all of the Allowances which are allocated
2022/02/16
Committee: ENVI
Amendment 228 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Directive 2003/87/EC
Article 3 d – paragraph 4
4. Member States shall determine tThe use of revenues generated from the auctioning of allowances covered by this Chapterto aviation, except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union. Member States shall use the revenues generated from the auctioning of allowances in accordance with Article 10(3).; shall be the following: (a) 50 % shall be made available to finance projects to reduce aviation’s total climate impact through the fund set up in Article 10a(8); (b) 20 % of the revenues generated from international flights referred to in Article 3da(2) shall be used to contribute to UNFCCC Climate Funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities; (c) Member States shall determine the use of the remaining revenues generated in line with Article 10(3). An amount of the fund set up in Article 10a(8) equal to the revenues referred to in point (a) shall be used for the fast transition towards clean technologies in aviation, in particular those related to the uptake and deployment of zero-carbon aviation fuels as well as projects for implementing operational, aeronautics, airframe and engine innovation, to reduce total climate impacts.
2022/02/16
Committee: ENVI
Amendment 235 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2003/87/EC
Article 3 d a (new)
(2a) The following article is added: ‘Article 3da International aviation activities 1. By way of derogation from the relevant provisions in Article 11a, 12 and 25a, from 1 April 2025, each year aircraft operators shall surrender allowances for emissions on all flights departing from or arriving at an aerodrome located in the EEA, in the previous calendar year. 2. To take due account of CORSIA offsetting obligations above a baseline set at the 2019 level for the years 2021-2023 and at the average of the 2019-2020 level for 2024 onwards, aircraft operators shall be able to deduct the financial value of their expenditure on credits used for compliance with CORSIA for flights to or from countries that are listed in the implementing act adopted pursuant to Article 25a(3). Each year, operators shall publish and inform the European Commission about the CORSIA offsets paid the previous year for each route. The Commission shall establish the financial value of the offsets eligible for subtraction from the EU ETS surrender requirement for each route. The Commission shall adopt a delegated act in accordance with Article 23 to determine the methodology and mechanism for this subtraction. For this purpose, the Commission shall consider the price of EU ETS allowances to be the average price in the respective compliance year. 3. To account for the complete scope of aviation activities pursuant to paragraph 1 and 2, the total quantity of allowances to be allocated for aviation shall be increased by the levels of allocations for the additional departing and incoming flights in 2023, which would have been made if they were covered by the EU ETS in that year. Allowances shall be cancelled equivalent to the CORSIA expenditure incurred on relevant routes. The linear reduction factor as laid down in Article 9 shall apply.’;
2022/02/16
Committee: ENVI
Amendment 287 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1 a (new)
(6a) Article 14(1), the following subparagraph is added after the first subparagraph: ‘Those implementing acts shall apply the sustainability and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001 of the European Parliament and of the Council, with any necessary adjustments for application under this Directive, for this biomass to be zero- rated. They shall also specify how to account for emissions from renewable fuels of non-biological origin and recycled carbon fuels, ensuring that these emissions are accounted for and that double counting is avoided. Until these implementing acts are adopted, emissions from renewable fuels of non-biological origin and recycled carbon fuels produced using hydrogen from renewable sources are zero.’ Or. en (32003L0087)
2022/02/16
Committee: ENVI
Amendment 322 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Directive 2003/87/EC
Article 28 b
(9a) Article 28b is replaced by the following: "Article 28b "Reporting and review by the Commission concerning the implementation of the ICAO's global market-based measure 1. Before 1 January 201927 and 1. regularlyevery two years thereafter, the Commission shall report to the European Parliament and to the Council on progress in the ICAO negotiations to implement the global market-based measure to be applied to emissions from 2021, in particular with regard to: (i) the relevant ICAO instruments, including Sstandards and Rrecommended Ppractices; (ii) ICAO Council-approved recommendations relevant to the global market-based measure including any possible changes to baselines; (iii) the establishment of a global registry; (iv) domestic measures taken by third countries to implement the global market-based measure to be applied to emissions from 2021; (v) the implications of reservations by third countries; and (vi) other relevant international developments and applicable instruments. In line with the UNFCCC's global stocktake, the Commission shall also report on efforts to meet the aviation sector's aspirational long-term emissions reduction goal of halving aviation CO2 emissions relative to 2005 levels by 2050. 2. Within 12 months of the adoption by the ICAO of the relevant instruments, and before the global market-based measure becomes operational, the2. By 2027, the European Commission shall present athis report to the European Parliament and to the Council in which it shall consider ways for those instruments to be implemented in Union law through a revision of this Directive. The Commission shall, in that report, also consider the rules applicable in respect of flights within the EEA, as appropriate. It shall also examine the ambition and overallassess the environmental integrity of theICAO’s global market-based measure, including its general ambition in relation to targets under the Paris Agreement, the level of participation, its enforceability, transparency, the penalties for non- compliance, the processes for public input, the quality of offset credits, monitoring, reporting and verification of emissions, registries, accountability as well as rules on the use of biofuels. In addition, the report shall consider whether the provisions adopted under Article 28c(2) need to be revised. 3. The Commission shall accompany the report referred to in paragraph 2 of this Article with a proposal, where appropriate, to the European Parliament and to the Council to amend, delete, extend or replace the derogations provided for in Article 28a, that is consistent with the Union economy-wide greenhouse gas3. In line with the UNFCCC's global stock take, the Commission shall also report on efforts to meet the aviation sector's aspirational long-term emissions reduction commitment for 2030 with the aimgoal of preserving the environmental integrity and effectiveness of Union climate action. ducing aviation emissions to zero by 2050."; Or. en (32003L0087)
2022/02/16
Committee: ENVI
Amendment 328 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Directive 2003/87/EC
Article 30 – paragraph 4
(9b) In Article 30, paragraph 4 is replaced by the following: "4. Before 1 January 20204, the Commission shall present an updated analysis of the non-CO2 effects of aviation, accompanied, where appropriate, by a proposal on how best tolegislative proposal to include them into the EU ETS for addressing those effects. " Or. en (32003L0087)
2022/02/16
Committee: ENVI
Amendment 342 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
(10a) In Part A, the section “Calculation” is replaced by the following: "Calculation Calculations of emissions shall be performed using the formula: Activity data × Emission factor × Oxidation factor Activity data (fuel used, production rate etc.) shall be monitored on the basis of supply data or measurement. Accepted emission factors shall be used. Activity-specific emission factors are acceptable for all fuels. Default factors are acceptable for all fuels except non- commercial ones (waste fuels such as tyres and industrial process gases). Seam- specific defaults for coal, and EU-specific or producer country-specific defaults for natural gas shall be further elaborated. IPCC default values are acceptable for refinery products. The emission factors for biomassrenewable fuels of non-biological origin and recycled carbon fuels produced using hydrogen from renewable sources are zero. This provision shall be replaced by the implementing acts referred to in Article 14. The emission factor for biomass that complies with the sustainability criteria and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the implementing acts referred to in Article 14, shall be zero. If the emission factor does not take account of the fact that some of the carbon is not oxidised, then an additional oxidation factor shall be used. If activity-specific emission factors have been calculated and already take oxidation into account, then an oxidation factor need not be applied. Default oxidation factors developed pursuant to Directive 96/61/EC shall be used, unless the operator can demonstrate that activity-specific factors are more accurate. A separate calculation shall be made for each activity, installation and for each fuel. Or. en (32003L0087)
2022/02/16
Committee: ENVI
Amendment 67 #

2021/0205(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) The largest increases in greenhouse gas emissions are expected in the aviation sector, with air traffic levels equivalent to the pre-COVID period, as they are usually not prioritised in national policies. This is why a harmonised legal framework should be put in place at European level to promote the decarbonisation of the airline industry while preserving its competitiveness.
2022/02/25
Committee: ENVI
Amendment 87 #

2021/0205(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) To meet its commitment of net zero carbon emissions by 2050, the aviation sector faces a major challenge that requires a comprehensive approach and carbon footprint reductions at all levels, coming from the deployment at a large scale of sustainable fuels to more frugal aircraft in the future, but also a reduction in the environmental footprint on the ground as runway equipment accounts for 4% of an airport's CO2 emissions.
2022/02/25
Committee: ENVI
Amendment 101 #

2021/0205(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) The recent sectoral developments characterised by partnerships set up between fuel producers and European airlines to supply their flights with a significant proportion of sustainable aviation fuel should be supported, as well as the commitments made by some airlines companies to start operating 10% of their flights with sustainable aviation fuel by 2030.
2022/02/25
Committee: ENVI
Amendment 106 #

2021/0205(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) Although the blending mandate applies to all routings from Union airports including routings via airports outside of the Union, the mandate will in practice only apply to traffic on the first leg to a non-European airport, but not to the following leg to the final destination. Therefore, in order to avoid distortion of competition, from 1 January 2030, when the market of sustainable fuels is expected to be more mature, the Union should introduce a SAF levy, based on the final destination of the passenger. The final consumer should be duly informed about the reasons behind the predictable increase of the ticket price.
2022/02/25
Committee: ENVI
Amendment 107 #

2021/0205(COD)

Proposal for a regulation
Recital 10
(10) At global level, sustainable aviation fuels are regulated at ICAO. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. It is therefore important that the Union sustains the efforts made at ICAO level and strives for an ambitious global system that promotes the use of sustainable aviation fuels and provides for an international level playing field. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels. The Union should therefore encourage neighbouring countries to adopt similar mandates for sustainable aviation fuels in the framework of bilateral air agreements, in order to provide for a level playing field for international long-haul flights.
2022/02/25
Committee: ENVI
Amendment 142 #

2021/0205(COD)

Proposal for a regulation
Recital 20
(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time. However, the feasibility of targets should be reassessed when appropriate depending on feedstock availabilities and production volumes.
2022/02/25
Committee: ENVI
Amendment 146 #

2021/0205(COD)

Proposal for a regulation
Recital 21
(21) With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. Nevertheless, a derogation to the restriction of fuel tankering should be foreseen in case of practical difficulties encountered by airlines (airspace or airport closure, weather conditions, supply shortages) at destination airports that would prevent re-fuelling. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering.
2022/02/25
Committee: ENVI
Amendment 151 #

2021/0205(COD)

Proposal for a regulation
Recital 22
(22) Airports covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure. When electric or hydrogen-powered aircrafts become mature and commercially available, it will be necessary for airports covered by this Regulation to take all necessary measures to facilitate an appropriate infrastructure for hydrogen and electric recharging for aircrafts, in accordance with the respective deployment plan of the national policy framework, as set out in a Regulation on the deployment of alternative fuels infrastructure.
2022/02/25
Committee: ENVI
Amendment 212 #

2021/0205(COD)

Proposal for a regulation
Article 3 – paragraph 1 – indent 10 a (new)
- ‘SAF levy’ means a levy that shall cover the extra cost of the sustainable aviation fuel required, compared to the purchase of fossil kerosene, by financing the minimum share of sustainable aviation fuel under this Regulation and by taking into account the location of the final destination of the passenger;
2022/02/25
Committee: ENVI
Amendment 213 #

2021/0205(COD)

Proposal for a regulation
Article 3 – paragraph 1 – indent 10 b (new)
- ‘final destination’ means the ultimate destination airport of a single or multi-segment journey as planned and envisaged by the legal transaction;
2022/02/25
Committee: ENVI
Amendment 241 #

2021/0205(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
An exception to the restriction of fuel tankering practices shall be made in the event of significant problems (airspace or airport closure, weather conditions, supply shortages) at destination airports that would prevent refuelling.
2022/02/25
Committee: ENVI
Amendment 243 #

2021/0205(COD)

Proposal for a regulation
Article 5 a (new)
Article 5 a Levy for tickets for passengers departing from the Union territory 1. From 1 January 2030, Member States shall collect a SAF levy per passenger departing from a Union airport to offset the price difference between sustainable aviation fuels and fossil aviation fuels. The SAF levy shall be collected from the airline issuing the ticket. The levy shall become due upon the passenger’s departure from a Union airport. 2. One year before the entry into force of this financial mechanism, the Commission shall adopt an implementing act to calculate the SAF levy per passenger and per final destination. The SAF levy shall be revised regularly and be discontinued with regard to airports in a third country where a blending mandate equivalent to that of the Union is in force.
2022/02/25
Committee: ENVI
Amendment 279 #

2021/0205(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c a (new)
(ca) where applicable, the volume of hydrogen and/or electricity, supplied to each Union airport.
2022/02/25
Committee: ENVI
Amendment 325 #

2021/0205(COD)

Proposal for a regulation
Article 14 – paragraph 1
By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the deployment of sustainable aviation fuels that includes: (a) the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include(b) a detailed analysis and quantification of the sourcing of sustainable aviation fuel feedstock to achieve the objectives laid down in Annex I of this Regulation. It shall be based on an impact assessment of Union feedstock availability taking into account sustainable harvesting limits and on existing other uses of those materials. (c) information, on the uptake of the use of sustainable aviation fuels in Union neighbouring countries and globally. (d) information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.
2022/02/25
Committee: ENVI
Amendment 325 #

2021/0205(COD)

Proposal for a regulation
Article 14 – paragraph 1
By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the deployment of sustainable aviation fuels that includes: (a) the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include(b) a detailed analysis and quantification of the sourcing of sustainable aviation fuel feedstock to achieve the objectives laid down in Annex I of this Regulation. It shall be based on an impact assessment of Union feedstock availability taking into account sustainable harvesting limits and on existing other uses of those materials. (c) information, on the uptake of the use of sustainable aviation fuels in Union neighbouring countries and globally. (d) information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.
2022/02/25
Committee: ENVI
Amendment 341 #

2021/0205(COD)

Proposal for a regulation
Annex I – point b
(b) From 1 January 2030, a minimum share of 5% of SAF, of which a minimum share of 0.72,5% of synthetic aviation fuels;
2022/02/25
Committee: ENVI
Amendment 341 #

2021/0205(COD)

Proposal for a regulation
Annex I – point b
(b) From 1 January 2030, a minimum share of 5% of SAF, of which a minimum share of 0.72,5% of synthetic aviation fuels;
2022/02/25
Committee: ENVI
Amendment 348 #

2021/0205(COD)

Proposal for a regulation
Annex I – point c
(c) From 1 January 2035, a minimum share of 20% of SAF, of which a minimum share of 510% of synthetic aviation fuels;
2022/02/25
Committee: ENVI
Amendment 348 #

2021/0205(COD)

Proposal for a regulation
Annex I – point c
(c) From 1 January 2035, a minimum share of 20% of SAF, of which a minimum share of 510% of synthetic aviation fuels;
2022/02/25
Committee: ENVI
Amendment 353 #

2021/0205(COD)

Proposal for a regulation
Annex I – point d
(d) From 1 January 2040, a minimum share of 32% of SAF, of which a minimum share of 816% of synthetic aviation fuels;
2022/02/25
Committee: ENVI
Amendment 353 #

2021/0205(COD)

Proposal for a regulation
Annex I – point d
(d) From 1 January 2040, a minimum share of 32% of SAF, of which a minimum share of 816% of synthetic aviation fuels;
2022/02/25
Committee: ENVI
Amendment 359 #

2021/0205(COD)

Proposal for a regulation
Annex I – point e
(e) From 1 January 2045, a minimum volume share of 38% of SAF, of which a minimum share of 119% of synthetic aviation fuels.
2022/02/25
Committee: ENVI
Amendment 359 #

2021/0205(COD)

(e) From 1 January 2045, a minimum volume share of 38% of SAF, of which a minimum share of 119% of synthetic aviation fuels.
2022/02/25
Committee: ENVI
Amendment 363 #

2021/0205(COD)

Proposal for a regulation
Annex I – point f
(f) From 1 January 2050, a minimum volume share of 63% of SAF, of which a minimum share of 2831,5% of synthetic aviation fuels
2022/02/25
Committee: ENVI
Amendment 363 #

2021/0205(COD)

Proposal for a regulation
Annex I – point f
(f) From 1 January 2050, a minimum volume share of 63% of SAF, of which a minimum share of 2831,5% of synthetic aviation fuels
2022/02/25
Committee: ENVI
Amendment 23 #

2021/0202(COD)

Proposal for a decision
Recital 14
(14) The analysis carried out in the context of the reserve’s review and the expected developments relevant to the carbon market demonstrate that a rate of 12 % of the total number of allowances in circulation to be placed in the reserve each year after 2023 is insufficient to prevent a significant increase of the surplus of allowances in the EU ETS. Therefore, after 2023 the percentage figure should continue to be at least 24 %, and the minimum number of allowances to be placed in the reserve should also continue to be at least 200 million.
2022/02/01
Committee: ITRE
Amendment 25 #

2021/0202(COD)

Proposal for a decision
Recital 15
(15) If the rate of the total number of allowances in circulation to be placed in the reserve each year reverts to 12 % after 2023, a potentially harmful surplus of allowances in the EU ETS may disturb market stability. In addition, the rate of 24 % after 2023 should be established separately from the general review of Directive 2003/87/EC and Decision (EU) 2015/1814 to strengthen the EU Emissions Trading System in line with the Union’s increased climate ambition for 2030 to ensure market predictabilityits timely entry into force and thereby provide market predictability by eliminating the risk that the rate falls back below 24%. This is without prejudice to further revisions of the reserve, including if appropriate of the rate of allowances to be placed in the reserve, as part of the general revision of Directive 2003/87/EC and Decision (EU) 2015/1814 taking place in 2022.
2022/02/01
Committee: ITRE
Amendment 54 #

2021/0202(COD)

Proposal for a decision
Recital 14
(14) The analysis carried out in the context of the reserve’s review and the expected developments relevant to the carbon market demonstrate that a rate of 12 % of the total number of allowances in circulation to be placed in the reserve each year after 2023 is insufficient to prevent a significant increase of the surplus of allowances in the EU ETS. Therefore, after 2023 the percentage figure should continue to be at least 24 %, and the minimum number of allowances to be placed in the reserve should also continue to be at least 200 million.
2022/01/20
Committee: ENVI
Amendment 61 #

2021/0202(COD)

Proposal for a decision
Recital 15
(15) If the rate of the total number of allowances in circulation to be placed in the reserve each year reverts to 12 % after 2023, a potentially harmful surplus of allowances in the EU ETS may disturb market stability. In addition, the rate of 24 % after 2023 should be established separately from the general review of Directive 2003/87/EC and Decision (EU) 2015/1814 to strengthen the EU Emissions Trading System in line with the Union’s increased climate ambition for 2030 to ensure market predictability. its timely entry into force and thereby provide market predictability by eliminating the risk that the rate falls back below 24 %. This is without prejudice to further revisions of the reserve, including if appropriate of the rate of allowances to be placed in the reserve, as part of the general revision of Directive 2003/87/EC and Decision (EU) 2015/1814 taking place in 2022.
2022/01/20
Committee: ENVI
Amendment 27 #

2021/0045(COD)

Proposal for a regulation
Recital 4
(4) As Regulation (EU) No 531/2012 expires on 30 June 2022, the aim of this Regulation is to recast it while introducing new measures to increase transparency, including on the use of value added services in roaming and ensure a genuine RLAH experience in terms of quality of service and access to emergency services while roaming. The duration of this new Regulation is set for 10 years, until 2032, to provide certainty in the market and minimise regulatory burden while introducing a mechanism for intervening at wholesale level in the interimreview on the wholesale level and rules on the deployment of new network technologies accompanied by a legislative proposal if market developments so require.
2021/06/23
Committee: ITRE
Amendment 49 #

2021/0045(COD)

Proposal for a regulation
Recital 35
(35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including the expected level of quality of service. The provider should make available clear and comprehensible information on relevant factors that can affect the quality of service, such as availability of certain technologies, coverage or variation due to external factors such as topography, as well as information regarding transfer rate and available access technologies of each visited operator in each Member State.
2021/06/07
Committee: IMCO
Amendment 75 #

2021/0045(COD)

Proposal for a regulation
Recital 63
(63) Since the objectives of this Regulation, namely to provide for a common approach for ensuring that users of public mobile communications networks, when travelling within the Union, and while using non-terrestrial networks with automatic handover on board aircrafts or marine vessels, do not pay excessive prices for Union-wide roaming services in comparison with competitive national prices, while increasing transparency and consumer rights, as well as ensuring sustainability of the provision of retail roaming services at domestic prices as well as a genuine RLAH experience in terms of quality of service and access to emergency services while roaming, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
2021/06/07
Committee: IMCO
Amendment 76 #

2021/0045(COD)

Proposal for a regulation
Recital 43
(43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited Member State. Providers of mobile communication services should also inform consumers of the use of non-terrestrial networks on aircrafts and vessels and the cut-off limit that applies to protect them from bill- shocks. Such information should be provided as soon as the mobile device accesses such non-terrestrial networks. Since certain customer groups might be well informed about roaming charges, roaming providers should provide a possibility to easily opt-out from this automatic message service. In addition, roaming customers should be provided with a text message including a link to a web page giving detailed information about the types of services (calls and SMS) that may be subject to increased costs. Moreover, providers should actively give their customers, provided that the latter are located in the Union, on request and free of charge, additional information on the per- minute, per-SMS or per-megabyte data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State.
2021/06/23
Committee: ITRE
Amendment 80 #

2021/0045(COD)

Proposal for a regulation
Recital 44
(44) This Regulation should in relation to regulated retail roaming services lay down specific transparency requirements aligned with the specific tariff and volume conditions applicable following the abolition of the retail roaming surcharges . In particular, provision should be made for roaming customers to be notified, in a timely and user-friendly manner and free of charge, of the applicable fair use policy, when and before the applicable fair use volume of regulated voice, SMS or data roaming services is fully consumed, of any surcharge, and of accumulated consumption of regulated data roaming services and for using non-terrestrial networks in aircrafts and vessels such as boats or ferries.
2021/06/23
Committee: ITRE
Amendment 84 #

2021/0045(COD)

Proposal for a regulation
Recital 50 a (new)
(50 a) There can be no discrimination between Union citizens when living or working in cross-border areas with third countries. The RLAH should be included in future negotiations with Union neighbouring third countries.
2021/06/23
Committee: ITRE
Amendment 87 #

2021/0045(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point c
(c) clear and comprehensible information about the quality of service that can reasonably be expected when roaming in the Union including the estimated download and upload speed of the data access services.
2021/06/07
Committee: IMCO
Amendment 91 #

2021/0045(COD)

Proposal for a regulation
Recital 59
(59) It is necessary to monitor and to review regularly the functioning of wholesale roaming markets and their interrelationship with the retail roaming markets, taking into account competitive and technological developments and traffic flows. The Commission should submit twoone reports to the European Parliament and to the Council. In its biennial reports, the Commission should, in particular, assess whether RLAH has any impact on the evolution of tariff plans available on the retail markets. That should include, on the one hand, an assessment of any emergence of tariff plans that include only domestic services and that exclude retail roaming services altogether, thus undermining the very objective of RLAH and, on the other, an assessment of any reduction in the availability of flat-rate tariff plans, which could also represent a loss for consumers and undermine the objectives of the digital single market. The Commission’s reports should, in particular, analyse the extent to which exceptional retail roaming surcharges have been authorised by national regulatory authorities, the ability of home network operators to sustain their domestic charging models and the ability of visited network operators to recover the efficiently incurred costs of providing regulated wholesale roaming services. In addition, the Commission’s reports should assess how, at wholesale level, access to the different network technologies and generations is ensured; the level of usage of trading platforms and similar instruments to trade traffic at wholesale level; the evolution of the machine-to- machine roaming; the persisting problems at retail level in relation to value added services and the application of the measures on emergency communications . The Commission´s report should assess the impact of the deployment and implementation of new network technologies and the impact of cybersecurity incidents, among others. In order to enable such reporting with a view to assessing how the roaming markets adapt to RLAH rules, sufficient data should be gathered on the functioning of those markets after the implementation of those rules.
2021/06/23
Committee: ITRE
Amendment 97 #

2021/0045(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 7
The first, second, fifth and sixth subparagraphs, with the exception of the reference to the fair use policy and the surcharge applied in accordance with Article 7, shall also apply to voice and SMS roaming services used by roaming customers travelling outside the Union and provided by a roaming provider and for using non-terrestrial networks on board of aircrafts or marine vessels.
2021/06/07
Committee: IMCO
Amendment 97 #

2021/0045(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure that the maximum wholesale charges areis Regulation is based on recent and updated data, 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 amend the maximum wholesale charges that a visited network operator can levy on the roaming provider for the provision of regulated voice, SMS or data roaming services by means of that visited network. This Regulation should lay down the detailed criteria and parameters on the basis of which the values of those maximum wholesale charges are set. It is of particular importance that the Commission carry 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-Making69 . 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. _________________ 69Commission should monitor closely the developments in the roaming market as laid down in this Regulation. The report shall be accompanied by a legislative proposal addressing changes in the maximum wholesale charges and developments due to the deployment and implementation of new network technologies. OJ L 123, 12.5.2016, p. 1.
2021/06/23
Committee: ITRE
Amendment 99 #

2021/0045(COD)

Proposal for a regulation
Recital 63
(63) Since the objectives of this Regulation, namely to provide for a common approach for ensuring that users of public mobile communications networks, and users of non-terrestrial networks in aircrafts and vessels, when travelling within the Union, do not pay excessive prices for Union-wide roaming services in comparison with competitive national prices, while increasing transparency and ensuring sustainability of the provision of retail roaming services at domestic prices as well as a genuine RLAH experience in terms of quality of service and access to emergency services while roaming, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
2021/06/23
Committee: ITRE
Amendment 100 #

2021/0045(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. Roaming providers shall make available information to their customers on how to avoid inadvertent roaming while using of non-terrestrial networks with automatic handover on board aircrafts or marine vessels and in border regions. Roaming providers shall take reasonable steps to protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home Member State.
2021/06/07
Committee: IMCO
Amendment 104 #

2021/0045(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point d
(d) ‘visited network’ means a terrestrial public mobile communications network situated in a Member State other than that of the roaming customer’s domestic provider that permits a roaming customer to make or receive calls, to send or receive SMS messages or to use packet switched data communications, by means of arrangements with the home network operator;
2021/06/23
Committee: ITRE
Amendment 133 #

2021/0045(COD)

Proposal for a regulation
Article 5 – paragraph 2 a (new)
2 a. Mobile network operators will not intentionally or fraudulently prevent, if there are no technical problems, the access of companies that have to use their network.
2021/06/23
Committee: ITRE
Amendment 171 #

2021/0045(COD)

Proposal for a regulation
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 2,00,80 per gigabyte of data transmitted. That maximum wholesale charge shall decrease to EUR 10,50 per gigabyte of data transmitted on 1 January 2025 and shall, without prejudice to Articles 21, 22 and 23 remain at EUR 10,50 per gigabyte of data transmitted until 30 June 2032 .
2021/06/23
Committee: ITRE
Amendment 183 #

2021/0045(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Where appropriate, roaming providers shall inform their customers, before the conclusion of a contract and on a regular basis thereafter, of the risk of automatic and uncontrolled data roaming connection and download. Furthermore, roaming providers shall notify to their customers, free of charge and, in a clear and easily understandable manner and accessible for people with disabilities, how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services.
2021/06/23
Committee: ITRE
Amendment 184 #

2021/0045(COD)

Proposal for a regulation
Article 15 – paragraph 2 – introductory part
2. An automatic message from the roaming provider shall inform the roaming customer, in an accessible manner for everyone including disabled people, that the latter is using regulated data roaming services, and provide basic personalised tariff information on the charges (in the currency of the home bill provided by the customer’s domestic provider) applicable to the provision of regulated data roaming services to that roaming customer in the Member State concerned, except where the customer has notified the roaming provider that he does not require that information.
2021/06/23
Committee: ITRE
Amendment 185 #

2021/0045(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
The information shall be delivered to the roaming customer’s mobile device in an accessible manner for everyone including disabled people, for example by an SMS message, an e-mail or a pop-up window on the mobile device, every time the roaming customer enters a Member State other than that of his domestic provider and initiates for the first time a data roaming service in that particular Member State. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
2021/06/23
Committee: ITRE
Amendment 186 #

2021/0045(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The roaming provider shall send a notification in an accessible manner for everyone including disabled people when the applicable fair use volume of regulated data roaming service is fully consumed or any usage threshold applied in accordance with Article 7 is reached. That notification shall indicate the surcharge that will be applied to any additional consumption of regulated data roaming services by the roaming customer. Each customer shall have the right to require the roaming provider to stop sending such notifications and shall have the right, at any time and free of charge, to require the roaming provider to provide the service again.
2021/06/23
Committee: ITRE
Amendment 190 #

2021/0045(COD)

Proposal for a regulation
Article 15 – paragraph 7 – introductory part
7. This Article, with the exception of paragraph 6, the second subparagraph of paragraph 2 and paragraph 3, and subject to the second and third subparagraphs of this paragraph, shall also apply to data roaming services used by roaming customers travelling outside the Union and provided by a roaming provider and to data roaming services used by roaming customers when using non-terrestrial networks in vessels and aircrafts.
2021/06/23
Committee: ITRE
Amendment 207 #

2021/0045(COD)

Proposal for a regulation
Article 21 – paragraph new1 – introductory part
new1. The Commission shall , after consulting BEREC, submit twoone reports to the European Parliament and to the Council. Where necessary, after submitting eachthe report, the Commission shall adopsubmit a delegated act pursuant to Article 22islative proposal amending the maximum wholesale charges for regulated roaming services laid down in this Regulation. The first such report shall be submitted by 30 June 2025 and the second by 30 June as well as any other modification needed due to the deployment and implementation of new network technologies. The report shall be submitted by 30 June 2025. The legislative proposal shall be submitted by 31 December 2029 7.
2021/06/23
Committee: ITRE
Amendment 229 #

2021/0045(COD)

Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point k a (new)
(k a) the impact of cybersecurity incidents
2021/06/23
Committee: ITRE
Amendment 230 #

2021/0045(COD)

Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point k b (new)
(k b) the impact of the deployment and implementation of new network technologies
2021/06/23
Committee: ITRE
Amendment 237 #

2021/0045(COD)

Proposal for a regulation
Article 22
Revision of the maximum wholesale The Commission shall, taking utmost account of the opinion of BEREC, adopt a delegated act in accordance with Article 23 to amend the maximum wholesale charges that a visited network operator can levy on the roaming provider for the provision of regulated voice, SMS or data roaming services by means of that visited network under Articles 10, 11 and 12. To that end, the Commission shall: (a) comply with the principles, criteria and parameters set out in Annex I; (b) take into account the current average wholesale rates charged across the Union and the need to leave appropriate economic space for the commercial market to evolve; (c) take into account market information provided by BEREC, national regulatory authorities or, directly, by undertakings providing electronic communications networks and services.Article 22 deleted charges
2021/06/23
Committee: ITRE
Amendment 244 #

2021/0045(COD)

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 21 and 22 shall be conferred on the Commission for an indeterminate period of time from 1 January 2025. 3. The delegation of power referred to in Articles 21 and 22 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 21 and 22 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.3 deleted Exercise of the delegation
2021/06/23
Committee: ITRE
Amendment 252 #

2021/0045(COD)

Proposal for a regulation
Annex I
Criteria for the determination of maximum wholesale charges Principles, criteria and parameters for the determination of maximum wholesale charges referred to in Article 22: (a) the rates shall allow recovery of wholesale roaming costs incurred by an efficient operator in any Member State when offering the relevant, regulated wholesale service; the evaluation of efficient costs shall be based on current cost values; the cost methodology to calculate efficient costs shall be based on a bottom-up modelling approach using long-run incremental costs plus some allocation of joint and common costs (LRIC+) of providing the wholesale roaming services to third parties; (b) The increment refers to the relevant part (service) of interest in the specific situation, here roaming services. The LRIC cost standard encompasses solely the elements needed to provide this specific service; (c) The LRIC+ cost standard allows for including joint and common costs which are relevant for other services; (d) As network operators need to be able to recover joint and common costs to ensure long-term sustainability, joint and common costs are shared among the services that generate them and accordingly recovered by any price cap set above the estimated costs for those services; (e) for mobile network operators, the minimum efficient scale shall be set at a market share not below 20 %; (f) the relevant approach for asset depreciation shall be economic depreciation; and (g) the technology choice of the modelled networks shall be forward looking, based on an IP core network, taking into account the various technologies likely to be used over the period of validity of the maximum rate.deleted
2021/06/23
Committee: ITRE
Amendment 3 #

2020/2260(INI)

Draft opinion
Paragraph 1
1. Welcomes the fact that the aim of 1. the Farm to Fork Strategy is to establish a sustainable, healthy and resilient food system which benefits consumers in the EU; stresses that it is crucial to guarantee the environmental, social and economic sustainability of all measures in order to secure food production capacity, supply levels and the availability of products, as well as to maintain the competitiveness of all actors in the Single Market and ensure that nobody is left behind in the transition towards a more sustainable food system;
2021/01/18
Committee: IMCO
Amendment 15 #

2020/2260(INI)

Draft opinion
Paragraph 1 a (new)
1a. Underlines that the objectives and development of the Farm to Fork Strategy should be built on a science-based approach focused on coherent and evidence-based policy instruments; ; notes in this regard that its implementation must take into account the needs of the outermost regions1a to allow them to compete in a level-playing field; __________________ 1a Article 349 TFEU
2021/01/18
Committee: IMCO
Amendment 16 #

2020/2260(INI)

Draft opinion
Paragraph 1 b (new)
1b. Points out the economic and social added value of food in the EU, which not only entails providing citizens with a sufficient supply of healthy and affordable food and improved lifestyles, but also allows business opportunities, employment and growth; highlights that the COVID-19 pandemic has made us acutely aware of the interrelations between our health, supply chains, consumption patterns and production capacity, which evidence the importance of strengthening the resilience and overall sustainability of food production in the EU;
2021/01/18
Committee: IMCO
Amendment 17 #

2020/2260(INI)

Draft opinion
Paragraph 1 c (new)
1c. Calls on the Commission to adopt a holistic and comprehensive approach and carefully assess the short-term and long-term global impact of the Farm to Fork Strategy and its targets on the functioning of the Single Market, as well as of each legislative proposal, including the consequences for the supply and demand balance, price fluctuations and consumers’ affordability, producers’ profitability, competitiveness performance and cost-effectiveness analysis of the transition, among others; stresses that, as regards production methods and the goal of increased organic production, demand must be equally stimulated to take up production growth and market realities must be considered together with the overall environmental performance, in order to foster a seamlessly functioning of the organic market in the EU;
2021/01/18
Committee: IMCO
Amendment 21 #

2020/2260(INI)

Draft opinion
Paragraph 2
2. Considers that promoting healthy and sustainable food consumption calls for changes to diets, production systems and internal tradeoherent and innovative policies that guarantee the access, affordability and diversity of high-quality and fresh products available to consumers, intra EU-trade and the environmental, social and economic sustainability of the different production systems;
2021/01/18
Committee: IMCO
Amendment 35 #

2020/2260(INI)

Draft opinion
Paragraph 2 a (new)
2a. Highlights the utmost importance of fostering the engagement and cooperation of all actors in the food supply chain, as well as in the assessment, implementation and monitoring of this Strategy, for effective collective action towards a just transition; stresses that this process should entail a more equal redistribution of value among all operators in the food supply chain, strengthening farmers’ bargaining power and particularly improving the marketing relations between small businesses and producers with wholesale and retail companies, while also addressing unfair trading practices;
2021/01/18
Committee: IMCO
Amendment 38 #

2020/2260(INI)

Draft opinion
Paragraph 2 b (new)
2b. Stresses that in the process towards food sustainability it is crucial to secure product quality at source, with the objective of preventing distortions in the Single Market; calls on the Commission in this regard to further simplify and harmonize the raw material production standards and rules in the EU and to better implement the current legislation as a means to address unfair competition and reduce administrative burdens for companies of all sizes;
2021/01/18
Committee: IMCO
Amendment 46 #

2020/2260(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to not only step up its support for regional food systems and short supply chains, which act as a source of fresh, sustainable and better quality producshort supply chains, whenever it is possible and in full respect of the freedoms of the Single Market, but also to increase its effor consumersts to achieve further integration of food markets across the EU; takes the view that legislation on European public procurement should be revised in order to foster local, high-qualitysustainable food supply systems, together with the use of EU funding opportunities to support innovation in national and local public food procurement policies;
2021/01/18
Committee: IMCO
Amendment 59 #

2020/2260(INI)

Draft opinion
Paragraph 4
4. Urges the Commission to promote alternative and existing business models, such as consumer-friendly cooperative schemes; that are able to advance sustainability and compete in the most efficient manner according to market realities, in full respect of the freedom of association of producers1a; acknowledges the role that producers associations and organisations in the form of partnerships, agricultural processing companies or agri-food cooperatives may play in ensuring a sustainable food chain, a fair share for farmers and fostering the competitiveness of rural areas; __________________ 1aRegulation (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
2021/01/18
Committee: IMCO
Amendment 69 #

2020/2260(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recalls that the EU food sector is characterised by a very high presence of SMEs, which despite their efforts face many barriers to improve their sustainability performance, such as lack of information, access to financial resources or technical skills; calls therefore on the Commission to ensure that all actions in the Farm to Fork Strategy enable a transition that creates real opportunities and a level playing- field, gives enough flexibility and further reduces and simplifies administrative burdens for micro and small food businesses, as well as for social economy enterprises; stresses in this regard the utmost importance of providing concrete measures for the just transition, such as further support in the management of EU funding, improving capacity building and delivering significant resources for the effective use of innovative and digital solutions, in order to strengthen their competitive position in the EU food system;
2021/01/18
Committee: IMCO
Amendment 73 #

2020/2260(INI)

Draft opinion
Paragraph 4 b (new)
4b. Welcomes the work on agri-food research, innovation and education made by the European Commission through initiatives such as the EIT Food, established by the European Institute of Innovation & Technology, which helps to identify promising and innovative solutions for a more sustainable food products and bring together a food community with the diverse food sectors partners, entrepreneurs, SMEs and consumers, which drive innovation across Europe;
2021/01/18
Committee: IMCO
Amendment 76 #

2020/2260(INI)

Draft opinion
Paragraph 5
5. Supports the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and healthresponsible business and marketing practices for food and retail businesses, in order to raise awareness of the importance of sustainability and health; considers that these initiatives should be sufficiently and properly defined, adjusted to the size and type of businesses and recognise the existing best practices and commitments already achieved by European companies; welcomes the Commission’s steps to particularly support the implementation of sustainable business practices by SMEs and develop both initiatives with all relevant stakeholders;
2021/01/18
Committee: IMCO
Amendment 89 #

2020/2260(INI)

Draft opinion
Paragraph 5 a (new)
5a. Underlines the relevance of harmonised EU marketing standards which serve the purpose of taking into account consumer expectations and helping to improve the quality and economic conditions for producing and marketing agricultural products; supports the improvement and development of coherent, consistent and effective EU marketing standards which better address the new needs and contribute to the further integration of the Single Market; stresses that strengthening consumer education is fundamental to raise awareness of the benefits of updated marketing standards, ensure correct consumer understanding and encourage critical and responsible consumption; calls on all actors involved in food supply chain management to step up transparency in the overall food supply chain and to increase consumer information in order to enable consumers to make fully-informed choices about available products and to act accordingly;
2021/01/18
Committee: IMCO
Amendment 91 #

2020/2260(INI)

Draft opinion
Paragraph 5 b (new)
5b. Recognizes in this regard the role that consumers can play in the implementation of the Farm to Fork Strategy and how innovation can help them; underlines that the strategy should remain inclusive for consumers in order for them to support the improvement for more healthy and sustainable food products;
2021/01/18
Committee: IMCO
Amendment 96 #

2020/2260(INI)

Draft opinion
Paragraph 6
6. Welcomes the Commission’s initiative to promote healthier diets by introducing nutritional profiles, accompanied by mandatory and harmonised labelling of the nutritional value of foods on the front of packaging; considers that any such measure has to take into account the impacts on the Single Market and especially avoid any burden for micro, small and medium enterprises, by devising appropriate consumer-friendly schemes and product and sector-tailored, based on the most up-to-date scientific research data, with the aim of securing and promoting the competitiveness of all actors involved;
2021/01/18
Committee: IMCO
Amendment 109 #

2020/2260(INI)

Draft opinion
Paragraph 6 a (new)
6a. Considers that any type of labelling must not lead to unjustified distinctions between foodstuffs and should provide clear, non-misleading, understandable, unambiguous and comprehensive information, as well as take into consideration the needs of the most vulnerable groups, such as people with disabilities and the elderly;
2021/01/18
Committee: IMCO
Amendment 118 #

2020/2260(INI)

Draft opinion
Paragraph 7
7. Regards it as essential, further, to keep consumers better informed by introducing mandatory origin labelling of foodabout healthy and sustainable food dietary choices; calls on the Commission to further investigate and carefully assess the impact, needs and options for the harmonisation and extension of mandatory origin and provenance indications to certain products, which wshould be broadened to cover animal welfare, sustainability and pesticide residue leclear, easily understandable, verifiable, traceable and not result in trade barriers within the Single Market; asks therefore the Commission to work in close cooperation with the European Food Safety Authority for this purpose and thoroughly analyse the economic, environmental and social impact on the Single Market, consumer benefits, price aspects and the associated consumer behaviour changes of these initiativels;
2021/01/18
Committee: IMCO
Amendment 133 #

2020/2260(INI)

Draft opinion
Paragraph 7 a (new)
7a. Considers that additional labelling schemes could be incentivized for certain products of added value and cover animal welfare, sustainability, carbon footprint and social aspects of food products such as the share of value going to farmers, with the objective of empowering consumers to make informed, healthy and sustainable food choices, and especially for maintaining their competitiveness from both environmental and health points of view;
2021/01/18
Committee: IMCO
Amendment 140 #

2020/2260(INI)

Draft opinion
Paragraph 7 b (new)
7b. Stresses the key role that research, digitalisation, artificial intelligence and secured access to the most advanced technologies play in the global transition towards a more sustainable food system, while ensuring the competitiveness, profitability and food production in the EU; urges the Commission to create an encouraging policy and regulatory environment that fosters further investment in innovation, the development and usage of technologies and the improvement of existing ones, including a common agriculture data space and the promotion of precision farming and knowledge-based farming, with a view to bringing benefits to consumers, workers and society as a whole;
2021/01/18
Committee: IMCO
Amendment 148 #

2020/2260(INI)

Draft opinion
Paragraph 8
8. Calls, with a view to protecting consumers, for full enforcement of the judgment of the Court of Justice of the European Union of 25 July 2018 in Case C-528/16, Confédération paysanne, which stipulates that food crops modified by genome editing armay be subject to the requirements of GMO legislation, including risk assessment, traceability and labelling; calls on the European Commission to take note of the latest developments in this regard and study the feasibility of a new legislative framework of new genetic modification techniques, based on scientific evidence, that provides sufficient predictability, flexibility and proportionality to respond to rapid technological and scientific developments in this field; acknowledges in this context the importance to build on the scientific advice of the European Food and Safe Authority and underlines its continuous contribution to ensuring the safety of the EU food chain and a high level of consumer protection;
2021/01/18
Committee: IMCO
Amendment 153 #

2020/2260(INI)

Draft opinion
Paragraph 8 a (new)
8a. Highlights that tax incentives and levies and any other measures related to food packaging should contribute to the transition to a more sustainable EU food system and encourage healthy dietary choices, whilst at the same time allowing for consumer-friendly and commercially viable and competitive solutions which preserve the competitiveness of all actors in the Single Market; points out that further financing and promotion of research on renewable and recyclable packaging is needed for this purpose;
2021/01/18
Committee: IMCO
Amendment 162 #

2020/2260(INI)

Draft opinion
Paragraph 9
9. Calls on the Commission to clarify and further harmonise the current legislation on use-by dates, in order to reduce food waste and provide more clarity, consistency and understanding among consumers, in order to reduce food waste; notes that measures envisaged for this purpose and waste management should not entail disproportionate costs and administrative burdens that smaller businesses are not able to comply with;
2021/01/18
Committee: IMCO
Amendment 166 #

2020/2260(INI)

Draft opinion
Paragraph 10
10. Supports the Commission in its efforts to combat food fraud, which misleads consumers and distorts competition in the internal market, and regards it as essential to make the penalties imposed on fraudsters more dissuasive and, to earmark sufficient resources so that checks can be stepped upeffective and efficient checks can be stepped up, to properly staff market surveillance and customs authorities and to continue strengthening exchanges of information in the Single Market;
2021/01/18
Committee: IMCO
Amendment 173 #

2020/2260(INI)

Draft opinion
Paragraph 10 a (new)
10a. Stresses that the large amount of divergences in controls of products from third countries and in customs procedures and sanctions policies at the EU’s points of entry into the Customs Union often result, not only in food supply chains distortions, but also in large health and safety risks for consumers in the Single market; underlines that a coordinated and harmonised approach as regards unfair competition practices and the need for equivalent food standards, with due regard to the precautionary principle, is of vital importance in view of ensuring an uninterrupted flow of supplies of foodstuffs in all Member States, whilst respecting a high standard of security checks that can detect and prevent sanitary, phytosanitary and biologic risks from third country imports;
2021/01/18
Committee: IMCO
Amendment 176 #

2020/2260(INI)

Draft opinion
Paragraph 10 b (new)
10b. Insists that the Commission ensures that custom controls throughout the EU follow the same standards, by means of a direct unified customs control mechanism, in coordination with Member States and in full compliance with the principle of subsidiarity; furthermore, urges the Commission to increase, at EU and international level, cooperation between consumer protection, market surveillance and customs authorities and other relevant competent authorities so as to guarantee harmonised and uniform controls at all points of entry into the Union and thus secure the traceability of all food products;
2021/01/18
Committee: IMCO
Amendment 178 #

2020/2260(INI)

Draft opinion
Paragraph 11
11. Calls on the Member States for more effective implementation of Directive 2005/29/EC1 , in order to better address the problem of misleading environmental claims in food.and the timely and correct transposition of Directive 2019/633/EC2a, as well as to better address the problem of misleading environmental claims in food; believes that when clarifying competition rules, the Commission must create the conditions for a more efficient food market that enables consumers to benefit from a wide range of quality products at competitive prices, while ensuring that primary producers have the incentives to invest and innovate; __________________ 1 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council, OJ L 149, 11.6.2005, p. 22. 2aDirective (EU) No 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain.
2021/01/18
Committee: IMCO
Amendment 43 #

2020/2242(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the decarbonisation of sectors will result in a higher share of renewable energy sources, which will lead to a greater volatility in the energy and electricity grid; whereas the demand for energy storage will massively increase to secure energy supply;
2020/12/11
Committee: ITRE
Amendment 49 #

2020/2242(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas hydrogen today represents around 2% of EU’s energy mix, of which 95% is produced by fossil fuels, releasing 70 - 100 million tonnes of CO2 annually;
2020/12/11
Committee: ITRE
Amendment 54 #

2020/2242(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas hydrogen produced from renewable energy sources can store energy in large quantities over a long period of time, and hydrogen can be transported over long distances and therefore enables producing renewable energy where it is most efficient and enables long haul transport without putting a strain on the electricity grid;
2020/12/11
Committee: ITRE
Amendment 58 #

2020/2242(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas large investments in a hydrogen grid will be needed and therefore blending hydrogen into the gas grid is a first step for the roll-out of a hydrogen grid; whereas this requires equal European blending standards;
2020/12/11
Committee: ITRE
Amendment 59 #

2020/2242(INI)

Motion for a resolution
Recital C d (new)
Cd. whereas most of the gas pipelines are privately owned and clear rules regarding the grid ownership for a hydrogen grid will be needed now to ensure planning security, and whereas the principle of unbundling needs to be maintained at all times;
2020/12/11
Committee: ITRE
Amendment 81 #

2020/2242(INI)

Motion for a resolution
Paragraph 2
2. Underlines thate importance of both the ‘energy efficiency first’ principle prevails and that direct electrification, where possible, is the preferable option for decarbonisation as it is more cost- and energy-efficient than the use of clean hydrogenand the ‘technology neutrality’ principle; recognises that hydrogen and direct electrification both present important pathways towards decarbonisation and that both are necessary for achieving climate-neutrality;
2020/12/11
Committee: ITRE
Amendment 141 #

2020/2242(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the Commission’s ambitious goals of increasing the capacity of renewable hydrogen electrolysers and hydrogen production; urges the Commission and the Member States to incentivise the value chain and market uptake of cleanrenewable hydrogen in order to make it technologically mature and competitive with fossil-based and low- carbon hydrogen14 ; _________________ 14According to the Commission, ʻlow- carbon hydrogenʼ encompasses fossil- based hydrogen with carbon capture and electricity-based hydrogen, with significantly reduced full life-cycle greenhouse gas emissions compared to existing hydrogen production.
2020/12/11
Committee: ITRE
Amendment 151 #

2020/2242(INI)

Motion for a resolution
Paragraph 8
8. Highlights that for a functioning and predictable internal hydrogen market, regulatory barriers need to be overcome and a coherent and comprehensive regulatory framework createdshould be created swiftly; believes that the gas market regulatory framework and the Clean Energy Package could serve as blueprints for that purpose, while taking into account that the hydrogen market is not yet mature and needs to be scaled up;
2020/12/11
Committee: ITRE
Amendment 184 #

2020/2242(INI)

Motion for a resolution
Paragraph 10
10. Underlines that a cleanthe realisation of the hydrogen economy requires significant additional amounts of affordable renewable energy and the corresponding infrastructure; calls on the Commission and the Member States to step up their efforts in this regard and to abolish taxes and levies on renewable electricitystrengthen financial incentives for renewable energy through, for example, carbon pricing and the revision of the Energy Taxation Directive;
2020/12/11
Committee: ITRE
Amendment 191 #

2020/2242(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Underlines that renewable hydrogen can be produced from all sorts of renewable energy sources, including wind, solar photovoltaics, existing hydro power plants and pumped hydro storage; invites the Commission, in view of the recently published Offshore Strategy, to assess how offshore renewable energy sources could pave the way for the wider development and up take of renewable hydrogen;
2020/12/11
Committee: ITRE
Amendment 209 #

2020/2242(INI)

Motion for a resolution
Paragraph 11
11. Emphasises the timely need for hydrogen production and, transport and storage infrastructure and the parallel development of demand and supply; welcomes, in this respect, the Commission’s intention to review Regulation No 347/2013 of 17 April 2013 on guidelines for trans- European energy infrastructure (the TEN-E Regulation)15 ; notes that, despite the concentration on industrial clusters in the first phase, the planning of infrastructure for transmission over longer distances and its regulation should already be undertaken; _________________ 15 OJ L 115, 25.4.2013, p. 39.
2020/12/11
Committee: ITRE
Amendment 217 #

2020/2242(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Notes that, besides the focus on industrial clusters, including ‘hydrogen valleys’, in the first phase, the planning and construction of infrastructure for transmission over longer distances and its regulation should already be undertaken; encourages the Commission and the Member States to assess the possibility of repurposing existing gas pipelines for the transport of pure hydrogen in order to maximise cost efficiency and minimise investment costs and levelised costs of transmission; urges the Commission to allow funding through the CEF and the TEN-E regulation for the realisation of the hydrogen infrastructure;
2020/12/11
Committee: ITRE
Amendment 240 #

2020/2242(INI)

Motion for a resolution
Paragraph 12
12. Encourages the Commission and the Member States to assess the pcossibility oft- benefit and availability for retrofitting, repurposing of existing gas pipelines compared to dedicated new pipelines for the transport of pure hydrogen in order to maximise cost efficiency and minimise investment costs and levelised costs of transmission;
2020/12/11
Committee: ITRE
Amendment 249 #

2020/2242(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls on the Commission and the Member States to establish clear guidelines on the ownership of a potential hydrogen grid for new and repurposed/refurbished pipelines while respecting the principle of unbundling;
2020/12/11
Committee: ITRE
Amendment 250 #

2020/2242(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Notes that there are varying standards in the Member States as regards the blending of hydrogen with natural gas; calls on the Commission to assess and develop standards for hydrogen, for both the gas grid and end uses; points out that these standards will have to be adapted to the end users’ quality needs and technological capacities;
2020/12/11
Committee: ITRE
Amendment 252 #

2020/2242(INI)

Motion for a resolution
Paragraph 12 c (new)
12c. Highlights that large energy storage capacity is provided by the existing gas infrastructure and that these assets and those accommodating new sources of gas, in particular renewable hydrogen, would facilitate the integration of renewable electricity; notes in this regard the need to address the issue of the new role of gas Transmission Systems Operators (TSOs) in the light of unbundling rules;
2020/12/11
Committee: ITRE
Amendment 289 #

2020/2242(INI)

Motion for a resolution
Paragraph 14
14. Stresses the importance of research, development and innovation along the whole value chain and of demonstration projects on an industrial scale in order to make cleanrenewable hydrogen competitive; believes that involving SMEs and equipping wcalls on the Commission to stimulate research and innovation efforts for the implementation of large scale high impact projects, including under Horizon Europe, in orkders with adequate knowledge about to secure technology transfer across the entire hydrogen value chain; believes that involving SMEs and focusing on the upskilling and reskilling of the workforce in relation to hydrogen are of the utmost importance;
2020/12/11
Committee: ITRE
Amendment 311 #

2020/2242(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Emphasises that European programmes and financing instruments such as Horizon Europe, the Connecting Europe Facility, InvestEU, the European Regional Development fund, the Cohesion fund, the Recovery and Resilience Facility, the Just Transition Fund, the strategic European Investment window, and the ETS Innovation Fund offer the financial potential to support investments in the green transition and have a key role to play in the realisation of the hydrogen economy; underlines the need to streamline the synergies between all available investment funds, horizontal programmes and financial instruments to ensure cooperation between public and private stakeholders in order to stimulate investments in a large range of projects;
2020/12/11
Committee: ITRE
Amendment 315 #

2020/2242(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Calls on the Commission to develop a coordinated investment strategy for hydrogen and to include the role of SMEs in this strategy;
2020/12/11
Committee: ITRE
Amendment 316 #

2020/2242(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Emphasises that Europe is leading in the manufacturing of electrolysers and needs to maintain and advance this competitive edge; notes that Europe is currently behind in the development of other promising hydrogen technologies; believes that European research and development efforts in hydrogen should focus on a wide range of hydrogen technologies;
2020/12/11
Committee: ITRE
Amendment 338 #

2020/2242(INI)

Motion for a resolution
Paragraph 17
17. Stresses the work of the Fuel Cells and Hydrogen Joint Undertaking (FCH JU); asks the Commission to use it as a competence centre for clean hydrogen; highlights that this renewed partnership should bundle R&D activities across the value chain to ensure cost-efficient use of funding for hydrogen and better coordination;
2020/12/11
Committee: ITRE
Amendment 344 #

2020/2242(INI)

Motion for a resolution
Paragraph 18
18. Believes that the importing of cleanrenewable hydrogen may become necessary to csater toisfy European demand; calls on the Commission and Member States to establish mutually beneficial cooperation with neighbouring regions and to quickly develop strategic partnerships with countries throughout the world to safeguard Europe’s strategic interests, while ensuring fair competition between imported and locally produced renewable hydrogen and compliance with the EU’s sustainability ambitions, while taking into account environmental impacts in other regions as well; calls on the Commission and Member States to invest in the necessary new import infrastructure in ports and in cross border connections;
2020/12/11
Committee: ITRE
Amendment 370 #

2020/2242(INI)

Motion for a resolution
Paragraph 19
19. Is convinced that the EU should try toUnderlines the importance of the development of international standards, including in relation to sustainability; considers international standards and guarantees of origin a prerequisite for a fair and open hydrogen market and the wide adoption of hydrogen technologies; is convinced that the EU should promote its standards on hydrogen internationally and thus make hydrogen a part of its international cooperation;
2020/12/11
Committee: ITRE
Amendment 376 #

2020/2242(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Emphasises the opportunity hydrogen presents to promote European industrial leadership and innovation on a global level while reinforcing the EU’s role as a global climate leader;
2020/12/11
Committee: ITRE
Amendment 19 #

2020/2241(INI)

Motion for a resolution
Recital A
A. whereas the European Parliament, the Council and the Commission have endorsed the goal of a climate-neutral economy by 2050, in line with the Paris Agreement;
2020/12/11
Committee: ITRE
Amendment 37 #

2020/2241(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the integration of energy systems can bring a response to many of the challenges stemming from energy transition, and particularly the challenge of decarbonisation, optimisation and balancing of the energy networks, guaranteeing security of supply, and maintaining the EU’s strategic autonomy;
2020/12/11
Committee: ITRE
Amendment 38 #

2020/2241(INI)

Motion for a resolution
Recital C b (new)
C b. whereas the twin green and digital transition of the energy networks will require unprecedented public and private investments in infrastructure modernisation and new infrastructure deployment when necessary, as well as investments in buildings renovation, and research and development;
2020/12/11
Committee: ITRE
Amendment 58 #

2020/2241(INI)

Motion for a resolution
Paragraph 1
1. Supports the direction set out by the Commission in its Communication on a strategy for energy system integration; calls on the Commission and the Member States to ensure that it is implemented rapidly in a spirit of solidarity; encouragesunderlines that the private sector to contribute towill play a key role in its success;
2020/12/11
Committee: ITRE
Amendment 93 #

2020/2241(INI)

Motion for a resolution
Paragraph 4
4. Deplores the insufficient progress made by Member States, as set out on energy efficiency and renovation, as presented in the 2020 Energy Efficiency Progress Report; encourages the Commission to propose more ambitious targetstakes note of the decision of the Commission to revise Directive (EU) 2018/2002 on Energy Efficiency, taking into account its recommendations as part of the Energy Union governance process; welcomes, in this regard, the renovation wave strategy and the upcoming revision of Directive (EU) 2018/844 on the Energy Performance of Buildings;
2020/12/11
Committee: ITRE
Amendment 105 #

2020/2241(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Considers district heating in densely populated areas to be a very efficient tool for energy storage providing the necessary flexibility to integrate a greater share of intermittent renewables and waste heat from industrial processes; calls on the Commission and the Member States to support and develop highly energy-efficient district heating networks; moreover, calls on the Commission to take heat infrastructure and thermal storage into account when developing the Ten- Year Network Development Plans for both the European Network of Transmission System Operators for Electricity (ENTSO- E) and the European Network of Transmission System Operators for Gas (ENTSO-G);
2020/12/11
Committee: ITRE
Amendment 111 #

2020/2241(INI)

Motion for a resolution
Paragraph 5 e (new)
5 e. Stresses the potential of digital tools for smart energy management, which can also reduce energy demand in a cost-efficient way; welcomes the ongoing revision of the secondary legislation on energy labelling and ecodesign of space and water heaters and coolers;
2020/12/11
Committee: ITRE
Amendment 122 #

2020/2241(INI)

Motion for a resolution
Paragraph 7
7. Highlights the importance of assessing ex-ante and anticipating the need for new energy production, transmission, distribution and conversion infrastructure in order to optimise its usethe energy system in a climate- neutral economy and towhile ensureing its economic viability; underlines the importance of observing the principle of technology neutrality, as most of the technologies that will be needed in the foreseeable future still require investments in research and development;
2020/12/11
Committee: ITRE
Amendment 129 #

2020/2241(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Welcomes the publication of the new EU Strategy on Offshore Renewable Energy; stresses that the rapid development of offshore energy islands is crucial to achieve our renewable energy capacity objective by 2030; to this end, calls for a comprehensive revision of the EU legislation on energy infrastructure and a targeted revision of the relevant State Aid guidelines;
2020/12/11
Committee: ITRE
Amendment 130 #

2020/2241(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Welcomes the fact that district heating and cooling networks will be eligible for funding under the revised CEF Regulation, and calls for their inclusion as potential PCIs under the TEN-E Regulation;
2020/12/11
Committee: ITRE
Amendment 131 #

2020/2241(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission to use the revision of Regulation (EU) No 347/2013 on a trans-European energy infrastructure as an opportunity to include decarbonisation, digitalisation and energy system integration in the Regulation’s objectives and the 10-year network development planning; stresses that investments to digitalise existing infrastructure can significantly improve its management through the use of digital twins, algorithms or Artificial Intelligence; supports the widening of the scope of the Regulation to energy infrastructure such as storage, hydrogen and CO2 infrastructure; calls for an integrated, coordinated network plan that includes progressively all energy carriers and infrastructure;
2020/12/11
Committee: ITRE
Amendment 185 #

2020/2241(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to propose ambitious targets for the decarbonisation of road, maritime, rail and air transport; welcomes the Commission’s announcement of the deployment of one million charging points for electric vehicles; stresses the need to adapt the electrification networks for Europe’s vehicle fleet in the revision of Directive 2014/94/EU on deployment of alternative refuelling infrastructure; stresses the need to adapt the electrification networks for Europe’s vehicle fleet; underlines the potential for internal cooperation on the decarbonisation of transport across borders; highlights in this respect the critical role of the Transport Community to create synergies with neighbouring countries and accelerate the transfer of EU standards on transport emissions;
2020/12/11
Committee: ITRE
Amendment 207 #

2020/2241(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Acknowledges that flexible cogeneration provides a forward-looking integrated energy storage solution for flexibility of electricity grids and efficiency of heat supply thanks to heat storage decoupling electricity production from heat consumption; calls on the Member States to further explore sector integration, smart energy systems and use of excess heat;
2020/12/11
Committee: ITRE
Amendment 209 #

2020/2241(INI)

Motion for a resolution
Paragraph 14 b (new)
14 b. Reiterates that the security of energy supply must be guaranteed at all times and is crucial for both the economy and the society, is convinced in this regard that storage of energy will be a key enabler in the transition to a decarbonised energy system and must therefore be considered as a cornerstone of energy system integration;
2020/12/11
Committee: ITRE
Amendment 214 #

2020/2241(INI)

Motion for a resolution
Paragraph 15
15. Highlights the need to reduce regulatory barriers, improve access to capital and further support energy storage projects along transmission and distributiReiterates that the European energy storage capacity is an essential source of flexibility; highlights the need to reduce regulatory barriers to the installation of storage equipment; calls on the Commission to assess how to eliminate the potential double taxation on storage projects in its forthcoming revision of Directive 2003/96/EC on Enetworks and at consumption sitesrgy Taxation;
2020/12/11
Committee: ITRE
Amendment 218 #

2020/2241(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Calls on Member States to improve access to capital for all energy storage projects, with an emphasis on the modernisation of existing infrastructure; calls on the Commission to further take into consideration the need for deployment of storage infrastructure in the next list of Project of Common Interest and in the revision of the Guidelines on State aid for environmental protection and energy;
2020/12/11
Committee: ITRE
Amendment 220 #

2020/2241(INI)

Motion for a resolution
Paragraph 15 b (new)
15 b. Stresses the need to maintain a technology-neutral approach on sustainable storage; nevertheless, notes with concern the large dependence of the EU on imports of lithium-ion batteries; welcomes therefore the approach identified in the strategic action plan for batteries, notably the diversification of sources of raw materials, the full use of the EU trade policy to ensure sustainable and secure supply, and the development of incentives for circularity, as well as the establishment of the European Battery Alliance;
2020/12/11
Committee: ITRE
Amendment 225 #

2020/2241(INI)

Motion for a resolution
Paragraph 16
16. Recalls the role that green hydrogen can play in balancing grids by using any surplus renewable electricity productionat renewable hydrogen produced by electrolysis using water and renewable energy sources such as hydropower will play a key role not just to balancing grids but by storing large quantities of energy for a long time and enabling its long-haul transport; therefore acknowledges its contribution to securing energy supply;
2020/12/11
Committee: ITRE
Amendment 232 #

2020/2241(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Stresses that there are various cost-efficient economic models for production, transport and consumption of hydrogen; calls on the Commission to consider this diversity of needs in its forthcoming legislative proposals; calls on the Commission to guarantee a fair and efficient competition between hydrogen that is imported from international partners and hydrogen that is produced in the EU;
2020/12/11
Committee: ITRE
Amendment 252 #

2020/2241(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Underlines the storage and flexibility potential of the deployment of 'vehicle-to-grid' technologies and notes that it will require the interoperability of energy systems and electric vehicles;
2020/12/11
Committee: ITRE
Amendment 258 #

2020/2241(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Reiterates the crucial role of the Agency for Cooperation of Energy Regulators (ACER) in the energy system integration and the implementation of the EU energy legislation; calls on the Commission and Member States to make sure that the agency is provided with sufficient means to carry out its missions;
2020/12/11
Committee: ITRE
Amendment 309 #

2020/2241(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Notes with concern that the conclusions of the 2020 Report on the State of the Energy Union highlight a decrease in research and innovation investments in clean energy technologies; reiterates the crucial role of the EU support for research and innovation, and particularly disruptive innovation; welcomes the increased budget for research in the Horizon Europe programme that was voted by the European Parliament, and the establishment of the European Research Area;
2020/12/11
Committee: ITRE
Amendment 7 #

2020/2217(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy and EU's competitiveness; considers that ensuring trust in digital services is fundamental for the digital single market and should be at the heart of both public policy and business models;
2020/11/17
Committee: IMCO
Amendment 25 #

2020/2217(INI)

Draft opinion
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European values and fairness in competition; believes that citizens’ data could help in developing innovative green solutions and services that would benefit European consumers and companies; asks the Commission to consider how to support data altruismprovide a specific legal basis and a clear definition of "data altruism" and consider how to support it in full compliance with European legislation;
2020/11/17
Committee: IMCO
Amendment 35 #

2020/2217(INI)

Draft opinion
Paragraph 2 a (new)
2a. Believes that the current fragmentation of the single market and diverging rules between Member States are hampering the development of a genuine common European data space and calls for effective and coordinated actions to leverage the scale of the EU single market;
2020/11/17
Committee: IMCO
Amendment 39 #

2020/2217(INI)

Draft opinion
Paragraph 2 b (new)
2b. Considers that ensuring access to data is crucial for citizens but also for our businesses' innovation and growth, especially for start-ups and small and medium-sized enterprises (SMEs) and welcomes the actions foreseen by the European Commission in its communication to tackle the current lack of data availability;
2020/11/17
Committee: IMCO
Amendment 42 #

2020/2217(INI)

Draft opinion
Paragraph 2 c (new)
2c. Asks the Member States to fully implement the Directive on open data and the re-use of public sector information ("Open Data Directive") and the Commission and Member States to promote a culture of wide reuse of available data; furthermore, highlights the need to ensure easy access to data to all relevant institutional and societal actors and to economic operators, especially to SMEs and start-ups, tackling the existing barriers and promoting the use of modern web and API-based services for convenient and fast retrieval, browsing and processing of available data;
2020/11/17
Committee: IMCO
Amendment 45 #

2020/2217(INI)

Draft opinion
Paragraph 3
3. Highlights the need to create a single European data space with the aim of ensuring the free flow of non-personal data across borders and sectors; stresses the importance to extend the flow of data also to third countries, provided that the compliance with the EU data protection legal framework is ensured; underlines the principle of the free flow of non-personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders; considers that business-to-business (B2B) and business-to-government (B2G) data sharing should be voluntary, while participation in data spaces should be incentivized, and while mandatory access to data should also be envisaged to remedy potential market failures;
2020/11/17
Committee: IMCO
Amendment 51 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Underlines that a safe and trusted ecosystem where storing, processing and exchanging data under the highest cybersecurity standards is a precondition for the development of a truly single market for data and for the creation of the new data spaces; recalls that increased connectivity brings about increased cyber threats and welcomes the announced revision of the Directive on security of network and information systems ("NIS Directive") to improve the current EU Cybersecurity legal framework;
2020/11/17
Committee: IMCO
Amendment 63 #

2020/2217(INI)

Draft opinion
Paragraph 3 b (new)
3b. Stresses the economic and societal importance of easily accessible and free of charge public sector data in the view of their re-use; calls for clear rules for business-to-government (B2G) data sharing, in particular with regards to possible fees to be derived from the costs related to the processing of requests for re-use of data;
2020/11/17
Committee: IMCO
Amendment 70 #

2020/2217(INI)

Draft opinion
Paragraph 3 c (new)
3c. Calls on the Member States for an effective implementation of the Regulation on the free flow of non- personal data, with the objective to allow data to be stored and processed everywhere in the EU without unjustified restrictions; recalls that data localisation requirements within the Union are prohibited unless justified on grounds of public security in compliance with the principle of proportionality and reminds that any such existing requirements must be repealed by 30 May 2021;
2020/11/17
Committee: IMCO
Amendment 86 #

2020/2217(INI)

Draft opinion
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, which now constitute a significant barrier for an effective data sharing, by including codes of conduct, certification and standards, in a ‘cloud rulebook’; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid unnecessary transaction costs and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges.;
2020/11/17
Committee: IMCO
Amendment 89 #

2020/2217(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recognises the rise of the edge computing paradigm, especially considering the ongoing rollout of 5G networks and subsequent business models, and stresses the need to make sure that technical and legal solutions for providing effective access to data on the edge are found; emphasises the urgent need to address the emerging cybersecurity and data interoperability challenges that the unprecedented scale and the distributed nature of edge computing brings along, including the challenges in machine authentication, data provenance, privacy, and integrity;
2020/11/17
Committee: IMCO
Amendment 102 #

2020/2217(INI)

Draft opinion
Paragraph 4 b (new)
4b. Welcomes the intention to address the current limitations of the data portability and to enhance the portability rights for individuals under the Article 20 of the GDPR;
2020/11/17
Committee: IMCO
Amendment 105 #

2020/2217(INI)

Draft opinion
Paragraph 4 c (new)
4c. Underlines the close link between data and AI and stresses that data availability and data quality are crucial for the development of effective, well- functioning and unbiased systems of artificial intelligence;
2020/11/17
Committee: IMCO
Amendment 50 #

2020/2216(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to increase support for key enablers of the digital economyaim at an innovation-friendly regulatory environment for enablers of the digital economy and to strengthen the financial and institutional support for the European digital economy in close coordination with Member States and stakeholders;
2021/01/26
Committee: IMCO
Amendment 58 #

2020/2216(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to ensure wider coordination of investment in the NextGenerationEU recovery plan; calls on the Commission to propose concrete actions within this plan to support key digital enablers and high impact technologies in the EU;
2021/01/26
Committee: IMCO
Amendment 68 #

2020/2216(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to work to position the EU as leader in the adoption and standardisation process for new technologies; highlights the need to work with industry and also with international partners on setting global standards; in this regard, welcomes the Commission’s proposal from December 2020 for a new transatlantic agenda, which highlights the importance of cooperating with the US on technology and standards;
2021/01/26
Committee: IMCO
Amendment 138 #

2020/2216(INI)

Motion for a resolution
Paragraph 21
21. Considers that AI is a fast moving technology that requires effective legislation; believes that to achieve this AI needs to be functionally and broadly defined in a manner that covers all automated decision-making, complex algorithmic-based systems and machine or deep learning processes so, a concrete definition of AI is not necessary so that any regulatory measures can remain flexible and adaptable in order to take into account future developments; reminds that there is no common definition on cybersecurity or even the internet;
2021/01/26
Committee: IMCO
Amendment 146 #

2020/2216(INI)

Motion for a resolution
Paragraph 23
23. Believes the regulatory framework needs to build public trust in AI while allowing companies to develop automated systems without losing the confidence of their customersupport the development of trustworthy AI systems and should ensure high consumer protection standards in order to strengthen consumer’s confidence in AI enabled products; believes also that the regulatory framework should ensure transparency, and provide for clear communication of the relevant requirements to both consumers and regulatory authorities;
2021/01/26
Committee: IMCO
Amendment 171 #

2020/2216(INI)

Motion for a resolution
Paragraph 29
29. cCalls on the Commission and the Member States to make use of innovative regulatory tools such as ‘regulatory sandboxes’ to help provide a clear path to scale-up for start-ups and small companies, regardless oftaking the risk profile and the possible welfare gain of their product into account; believes that these tools can help encourage innovation without any detriment to consumer protection;
2021/01/26
Committee: IMCO
Amendment 178 #

2020/2216(INI)

Motion for a resolution
Paragraph 30
30. Believes that the use of AI in a high-risk AIcontext should be limited to specific and clearly warranted purposes, in full respect of the applicable law and subject to transparency obligations; underlines that thisonly a clear and legally certain legislative framework will be decisive for ensuring public trust and support for the necessity and proportionality of the deployment of such technologies; calls on the Commission to carefully consider whether there are certain use cases, situations or practices for which specific technical standards, including underlying algorithms, should be adopted; deems necessary, should such technical standards be adopted, that these are regularly reviewed and re-evaluated, given the fast pace of technological development;
2021/01/26
Committee: IMCO
Amendment 181 #

2020/2216(INI)

Motion for a resolution
Paragraph 31
31. Calls on the Member States to encourage and support the establishment of specialised review boards for AI products and services Commission and the Member States to ensure close cooperation and mutual recognition of decisions when enforcing the Member States to assess the potential benefits and potential harm stemming from high-risk, impactful AI-based projectsregulatory framework in order to prevent a fragmented Single Market;
2021/01/26
Committee: IMCO
Amendment 187 #

2020/2216(INI)

Motion for a resolution
Paragraph 32
32. Highlights the importance of education and research for AI; calls on the Commission and the Member States to establish an EU centre of excellence for AI; considers that this should be done with the involvement of universities, companies and research institusupports the establishment of the European Network of Artificial Intelligence Excellence Centres; believes that this network should help to strengthen the exchange of knowledge on AI, support AI related talent within the EU and attract new talent, foster the cooperations; believes that such a centre can help totween science and AI developers as well as provide specialised training and development for regulatory authorities;
2021/01/26
Committee: IMCO
Amendment 195 #

2020/2216(INI)

Motion for a resolution
Paragraph 33
33. Calls on the Commission to update the existing liabiliproduct liability and product safety framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence;
2021/01/26
Committee: IMCO
Amendment 49 #

2020/2141(DEC)

Motion for a resolution
Paragraph 37 a (new)
37 a. Stresses the need for the revival of the debating culture in Parliament; welcomes the decision to require members to give speeches from the lectern facing the plenary; believes that the debating culture can also be improved by allowing sufficient time for the exchange of arguments and counter-arguments, for instance by extending the blue card procedure;
2021/02/09
Committee: CONT
Amendment 116 #

2020/2141(DEC)

Motion for a resolution
Paragraph 78 a (new)
78 a. Notes that teleworking arrangements and remote voting are now part of Parliament’s working arrangements for Members; calls on Parliament’s secretariat to continue facilitating these arrangements for Members on maternity, parental, carers, sick or special leave and explore using the arrangements in the future also, so as to allow Members to both hold meetings in their constituencies as well as with their colleagues in Brussels in what could be ‘hybrid’ weeks;
2021/02/09
Committee: CONT
Amendment 133 #

2020/2141(DEC)

Motion for a resolution
Paragraph 81
81. Welcomes the development of measures that contribute to a better balancing of professional and private life including the implementation of extended teleworking possibilities for Parliament’s staff and of measures promoting well-being at work; however, highlights the value of physical presence in Parliament; highlights the contribution of teleworking arrangements and remote voting to the further reduction of Parliament’s carbon footprint; stresses the need for Parliament's staff and Members to be provided the opportunity to continue the conduct of so-called hybrid meetings as well as remote voting; calls on the Bureau to continue providing instruments to facilitate these arrangements in future;
2021/02/09
Committee: CONT
Amendment 37 #

2020/2070(INI)

Draft opinion
Paragraph 2
2. Welcomes the Commission’s new Circular Economy Action Plan which highlights the role of construction and building materials in generating over 35 % of the EU’s total waste; notes that a streamlined approachcross-sectoral approach (heating and cooling, power, buildings, infrastructure) should be taken in EU legislation to recovery, recycling, life- cycle assessment and to taking the embodied energy in building materials into account;
2020/05/13
Committee: ENVI
Amendment 44 #

2020/2070(INI)

Draft opinion
Paragraph 2 a (new)
2a. Notes that many construction materials are energy intense and might have a high CO2 footprint;
2020/05/13
Committee: ENVI
Amendment 67 #

2020/2070(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that measures need to take into account the diversity of buildings and weather conditions in the Union;
2020/05/13
Committee: ENVI
Amendment 90 #

2020/2070(INI)

Draft opinion
Paragraph 6 a (new)
6a. Underlines the importance of a neutral view on technology options to allow the most competitive and cost- efficient technologies access to markets;
2020/05/13
Committee: ENVI
Amendment 116 #

2020/2070(INI)

Draft opinion
Paragraph 8 a (new)
8a. Takes note of the ECA report of 28 April 2020 on Energy Efficiency of Buildings, regrets that the budget allocation to projects does not take into account a cost-benefit analysis, therefore calls on the Member States to take into account the Technical Guidance on Financing by the Commission; is concerned that the Commission is unable to assess the EU budget’s contribution to the EU energy efficiency target resulting from a monitoring deficiency, therefore calls on the Commission to take measures to improve monitoring;
2020/05/13
Committee: ENVI
Amendment 126 #

2020/2070(INI)

Draft opinion
Paragraph 8 b (new)
8b. Acknowledges the energy storage potential of buildings through massive building components;
2020/05/13
Committee: ENVI
Amendment 11 #

2020/2017(INI)

Draft opinion
Paragraph 1
1. Notes that the Commission has proposed to rapidly deploy products and services that rely on AI in areas of public interest and the public sector; emphasises that in the education sector, this deployment should involve educators, learners and wider society and take their needs and the expected benefits into account in order to ensure that AI is used purposefully and ethically; considers that all products and services developed with public funding should be published under open-source licenses and be accessible to the general public;
2020/04/15
Committee: IMCO
Amendment 28 #

2020/2017(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission to include the education sectoruses of certain AI applications in the education sector that are subject to certification schemes or include sensitive personal data in the regulatory framework for high-risk AI applications given the importance of ensuring that education continues to contribute to the public good and given the high sensitivity of data on pupils, students and other learners; underlines that data sets used to train AI should be reviewed to avoid reinforcing gender stereotypes and other biases;
2020/04/15
Committee: IMCO
Amendment 48 #

2020/2017(INI)

Draft opinion
Paragraph 3
3. Expresses its concern that schools and other public education providers are becoming increasingly dependent on educational technology services, including AI applications, provided by just a few technology companies; stresses that this may lead to unequal access to data and limit competition by restricting consumer choice; calls for this data to be shared with the relevant public authorities so it can be usedstresses in this regard the importance of supporting the uptake of AI by SMEs in the education, culture and audiovisual sector through financial support and other appropriate incentives that do not entail a disproportionate burden and create a level playing field; calls for the data used by AI applications in the education sector to be shared with the relevant public authorities so it can be used, in accordance with the European data protection and privacy rules, and ethical, democratic and transparency standards, in the development of curricula and pedagogical practices (in particular sincewhen these services are purchased with public money or offered to public education providers for free, and becauseconsidering that education is a common good);
2020/04/15
Committee: IMCO
Amendment 51 #

2020/2017(INI)

Draft opinion
Paragraph 3
3. Expresses its concern that schools and other public education providers are becoming increasingly dependent on educational technology services, including AI applications, provided by just a few technology companies; stresses that this may lead to unequal access to data and limit competition by restricting consumer choice; calls for this data to be shared with the relevant public authorities so it can be used in the development of curricula and pedagogical practices (in particular since these services are purchased with public money or offered to public education providers for free, and because education is a common good)accessible by the general public (following open access principles without harming copyright and trade secret legislation) in a standardised way so it can be used for the assessment, improvement and new development of curricula and pedagogical practices; technologies used by public education providers or purchased with public money should be based on open- source technology where possible;
2020/04/15
Committee: IMCO
Amendment 72 #

2020/2017(INI)

Draft opinion
Paragraph 4
4. Stresses the importance of putting in place a proper framework for the public procurement of such services for the public sector, including for education providers, to ensure consumer choice and the respect of fundamental rights; stressesmaking full use of the public procurement directives and to train public buyers adequately, to ensure consumer choice and the respect of fundamental rights for the procurement of such services in the public sector; stresses to that effect the need for public buyers to take into account specific criteria, such as non- discrimination and data privacy, and, specifically when purchasing services for public education providers, the involvement of educators and learners;
2020/04/15
Committee: IMCO
Amendment 23 #

2020/2016(INI)

Draft opinion
Paragraph 1
1. Considers that AI used by police and judicial authorities has to be generally categorised as high-risk, given that the role of these authorities is to defend the public interest; considers that the EU should take the lead in laying down basic rules on the development and use of AI by public institutions to ensure the same high level of consumer protection across the EU;
2020/06/17
Committee: IMCO
Amendment 34 #

2020/2016(INI)

Draft opinion
Paragraph 2
2. Stresses that AI should help to ease the administrative burden on public authorities, without ever fully replacing human decisions, and that AI systems should rely on human oversight;
2020/06/17
Committee: IMCO
Amendment 42 #

2020/2016(INI)

Draft opinion
Paragraph 3
3. Considers that such tools should be released as open source software under the public procurement procedure, and that a fundamental rights audit should be part of a prior conformity assessment; believes that – while ensuring the respect of EU law and values and the applicable data protection rules, and without jeopardising investigations or criminal prosecutions – training data must always be open data;
2020/06/17
Committee: IMCO
Amendment 49 #

2020/2016(INI)

Draft opinion
Paragraph 4
4. Emphasises that data collection and the monitoring of individuals should be limited to criminal suspects and court approved surveillance;
2020/06/17
Committee: IMCO
Amendment 62 #

2020/2016(INI)

Draft opinion
Paragraph 6
6. Recalls the high risk of abuse of certain types of AI, including facial recognition technologies in public spaces, automated behaviour detection and profiling to divide people into risk categories at borders, and calls on the Commission to ban themir use by public institutions;
2020/06/17
Committee: IMCO
Amendment 67 #

2020/2016(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Emphasises that where decision making is assisted by statistical calculations, such as at probation hearings, the decision makers need to be trained about the general biases statistical calculations carry and made aware about the specific biases of calculation in the particular situation;
2020/06/17
Committee: IMCO
Amendment 68 #

2020/2016(INI)

Draft opinion
Paragraph 7 b (new)
7 b. Recalls the right of rectification established in Regulation (EU) 2016/679 (General Data Protection Regulation) and stresses the particular importance of accurate data sets, when these are used to assist administrative decisions; calls on the Commission to examine the benefits of ensuring transparency regarding the individual data included in the particular calculation and an accompanying procedure for rectification.
2020/06/17
Committee: IMCO
Amendment 3 #

2020/2015(INI)

Draft opinion
Paragraph 1
1. Recalls the potential that AI has to deliver innovative services to businesses, consumers and the public sector; underlines that the development and use of AI in the internal market will depend onbenefit from a balanced and effective system of intellectual property rights (IPRs);
2020/05/07
Committee: IMCO
Amendment 12 #

2020/2015(INI)

Draft opinion
Paragraph 2
2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considers that all companies shouldcan benefit from equally efficient and effective IPR protection;
2020/05/07
Committee: IMCO
Amendment 23 #

2020/2015(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs to develop and protect their products;
2020/05/07
Committee: IMCO
Amendment 28 #

2020/2015(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that besides protecting IPRs, it is in the interest of consumers to have legal certainty about allowed uses of protected works, especially when it comes to complicated algorithmic products;
2020/05/07
Committee: IMCO
Amendment 29 #

2020/2015(INI)

Draft opinion
Paragraph 4 b (new)
4b. Believes that to ensure the development of human-centric, trusted AI, a strong harmonized regime for whistle-blowers is needed to make sure that algorithms and data sets do not carry biases, are non-discriminatory and adhere to the ethical standards proclaimed; therefore calls on the Commission to assess in its report to the Parliament pursuant to article 27 (3) of the Directive (EU) 2019/1937 the need to revise its Annex in order to include any regulatory EU framework for AI;
2020/05/07
Committee: IMCO
Amendment 33 #

2020/2015(INI)

Draft opinion
Paragraph 5
5. Believes that the challenge of assessing AI applications requires the development of new methods; notes, for instance, that adaptive learning systems may recalibrate following each input, making certain ex ante disclosures alone ineffective;
2020/05/07
Committee: IMCO
Amendment 36 #

2020/2015(INI)

Draft opinion
Paragraph 6
6. Considers that where AI applications are certified, they should demonstrate transparency, explainability and adherence to ethical standards, but notes that this aim isheir adherence to ethical standards, their processes need to be transparent, and their decisions should be explainable to the extent possible, but notes that these objectives are not necessarily achieved only, or at all,solely through simple disclosure of the algorithm or code;
2020/05/07
Committee: IMCO
Amendment 42 #

2020/2015(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to consider how to assess products in a modular way or with the use of verification toolways that would allow productsthem to be adequately tested without creating risks for IPR holders due to extensive disclosure of easily replicated productinappropriate risks of potential disclosure for IPR holders.
2020/05/07
Committee: IMCO
Amendment 3 #

2020/2013(INI)

Draft opinion
Paragraph 1
1. Recalls that it follows from Directive (EU) 2018/958AI should be a human-centric technology and that humans must always bear ultimate responsibility for decision-making that involves risks to the achievement of public interest objectives; stresses that machines should not be enabled to harm the physical integrity of human beings nor to confer rights or impose legal obligations on individuals; welcomes international efforts to ban lethal autonomous weapon systems without meaningful human control and calls upon the Commission to be in the lead to support these efforts;
2020/06/05
Committee: IMCO
Amendment 6 #

2020/2013(INI)

Draft opinion
Paragraph 1 a (new)
1a. Believes that the EU should aim to act as a norm-setter for AI in a hyper- connected world by adopting an efficient strategy towards its external partners, fostering its efforts to set global ethical norms for AI at international level in line with European values and fundamental rights; considers that this is also key for the competitiveness of our European companies; calls on the Commission and Member States to cooperate with third countries to avoid their AI systems violating consumer rights and safety;
2020/06/05
Committee: IMCO
Amendment 7 #

2020/2013(INI)

Draft opinion
Paragraph 1 b (new)
1b. Calls on the Commission to increase cooperation at the international level on AI, coordinating work on AI with the OECD and promoting our future EU model on AI on the international scene; believes that the G7 and G20 are also major fora where the EU can play a determining role, as a first step to reaching a global consensus in the UN;
2020/06/05
Committee: IMCO
Amendment 12 #

2020/2013(INI)

Draft opinion
Paragraph 2
2. Notes that in the COVID-19 health crisis, several Member States have launched the development of mobile apps to protect public health by alerting citizens to past contact with someone who has tested positive for the virus; calls for a common EU approach to AI-enabled mobile apps, the development of which must remain under state control, open source-powered approach within the EU that stores data locally and is always voluntarily; stresses that contract tracing mobile apps must strictly respect international human rights, rules on privacy and freedom of association; considers that AI technology should not be used in the apps in order to limit privacy and security risks;
2020/06/05
Committee: IMCO
Amendment 22 #

2020/2013(INI)

Draft opinion
Paragraph 3
3. Recalls that the principle of proportionality needs to be respected and that questions of causality and liability need to be clarified to determine the extent to which the State as an actor in public international law, but also in exercising its own authority, can actually transfer that authority to systems based on AI, which have a certain autonomy, without breaching obligations stemming from international law, such as due process;
2020/06/05
Committee: IMCO
Amendment 26 #

2020/2013(INI)

Draft opinion
Paragraph 4
4. Urges, therefore, the Member States to assess the risks related to AI- driven technologies before automating activities connected with the exercise of State authority, such as the proper administration of justice; calls on the Member States to consider the need to provide for safeguards, foreseen in Directive (EU) 2018/958, such as supervision by a qualified professional and rules on professional ethics;
2020/06/05
Committee: IMCO
Amendment 29 #

2020/2013(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recalls that the first offensive use of weapons based on artificial intelligence have been cyberattacks which directly or indirectly affect EU citizens and companies, with techniques ranging from political hacking to stealing of trade secrets; therefore urges the Member States and the Commission to take those threats seriously and invest heavily to achieve a high level of overall digital literacy, security research and use of open-source technology to reduce dependencies on third-country vendors and strengthen the single market;
2020/06/05
Committee: IMCO
Amendment 32 #

2020/2013(INI)

Draft opinion
Paragraph 4 b (new)
4b. Underlines that self-driving cars, ships and other means of transportation may ultimately operate transnationally and that this can raise new questions of interpretation and application of international law; urges the Commission to engage with international partners on this matter;
2020/06/05
Committee: IMCO
Amendment 33 #

2020/2013(INI)

Draft opinion
Paragraph 4 c (new)
4c. Considers that the development of AI also entails opportunities to improve global market surveillance and address product safety, counterfeiting and consumer protection in a much more effective way and on a large scale;
2020/06/05
Committee: IMCO
Amendment 36 #

2020/2013(INI)

Draft opinion
Paragraph 5
5. Believes that Member States and the Commission should promote AI technologies that work for people; calls on the Member States, in close cooperation with the Commission, to develop AIopen- source applications aimed at automating and facilitating e-government services, for example in the area of tax administration; underlines that explainable algorithms, open data and public source-codes are important to ensure that businesses and consumers benefit from betterinnovative, non- discriminatory and reliable public services at a lower cost all over Europe in a compatible way.
2020/06/05
Committee: IMCO
Amendment 7 #

2020/2012(INL)

Draft opinion
Paragraph 1
1. Underlines the importance of an EU regulatory framework of ethical aspects being applicable where consumers within the Union are users of or subject to an algorithmic system, irrespective of the place of establishment of the entities that develop, sell or employ the system;
2020/05/19
Committee: IMCO
Amendment 10 #

2020/2012(INL)

Draft opinion
Paragraph 2
2. Notes that the framework should apply to algorithmic systems, including the fields of artificial intelligence, machine learning, deep learning, automated and assisted decision making processes and robotics;
2020/05/19
Committee: IMCO
Amendment 13 #

2020/2012(INL)

Draft opinion
Paragraph 2 a (new)
2a. Believes that the Commission should complete a full review of the existing legislation in order to identify legislative gaps; underlines in that regard the extensive legislation already in force that guarantees for instance that products and services placed on the Union market are safe and do not harm people, respect their privacy and follow stringent environmental rules; calls on the Commission to refrain from adopting a legislative act that would double, overlap or contradict those sector-specific legislations;
2020/05/19
Committee: IMCO
Amendment 15 #

2020/2012(INL)

Draft opinion
Paragraph 2 b (new)
2b. Points out that the legislative framework introduced by Decision No 768/2008/EC1a provides for a harmonised list of obligations for producers, importers and distributors, encourages the use of standards and foresees several levels of control depending on the dangerousness of the product; considers that this framework should also apply to AI imbedded products; __________________ 1aDecision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).
2020/05/19
Committee: IMCO
Amendment 17 #

2020/2012(INL)

Draft opinion
Paragraph 2 c (new)
2c. Considers that for the future legislation to apply, legal obligations need to be very precise and avoid to refer to general principles in order to ensure that they are implementable by economic operators;
2020/05/19
Committee: IMCO
Amendment 18 #

2020/2012(INL)

Draft opinion
Paragraph 2 d (new)
2d. Considers that mandatory rules as regards the regulatory framework of ethical aspects should be limited to practices that would undoubtedly undermine fundamental rights and freedoms;
2020/05/19
Committee: IMCO
Amendment 19 #

2020/2012(INL)

Draft opinion
Paragraph 3
3. Stresses that any future regulation of ethical aspects should follow a differentiated risk-based approach, based on the potential harm for the individual as well as for society at large, taking into account the specific use context of the algorithmic system; legal obligations should gradually increase with the identified risk level; in the lowest risk categoryies there should be no additional legal obligations; algorithmic systems that may harm an individual, impact an individual’s access to resources, or concern their participation in society shall not be deemed to be in the lowest risk category; thisthe risk-based approach should follow clear and transparent rules;
2020/05/19
Committee: IMCO
Amendment 34 #

2020/2012(INL)

Draft opinion
Paragraph 4
4. Underlines the importance of an ethical and regulatory framework framework of ethical aspects including in particular provisions on the quality of data sets used in algorithmic systems, especially regarding the representativeness of training data used, on the de-biasing of data sets, as well as on the algorithms themselves, and on data and aggregation standards;
2020/05/19
Committee: IMCO
Amendment 49 #

2020/2012(INL)

Draft opinion
Paragraph 5
5. Believes that consumers should be adequately informed in a timely, impartial, easily-readable, standardised and accessible manner about the existence, process, rationale, reasoning and possible outcome of algorithmic systems, about how to reach a human with decision- making powers, and about how the system’s decisions can be checked, meaningfully contested and corrected;
2020/05/19
Committee: IMCO
Amendment 82 #

2020/2012(INL)

Draft opinion
Paragraph 8
8. Underlines the importance of ensuring that the interests of marginalised and vulnerable consumers and groups are adequately taken into account and represented in any future regulatory framework of ethical aspects; notes that for the purpose of analysing the impacts of algorithmic systems on consumers, access to data should be extended to appropriate parties notably independent researchers, media and civil society organisations, while fully respecting Union data protection and privacy law; recalls the importance of training and giving basic skills to consumers to deal with algorithmic systems in order to protect them from potential risks and detriment of their rights;
2020/05/19
Committee: IMCO
Amendment 91 #

2020/2012(INL)

Draft opinion
Paragraph 9
9. Underlines the importance of achieving a high-level of overall digital literacy and of training highly skilled professionals in this area ands well as ensuring the mutual recognition of such qualifications across the Union;
2020/05/19
Committee: IMCO
Amendment 123 #

2020/2012(INL)

Draft opinion
Paragraph 13
13. Calls for the establishment ofa strong coordination of Member State’s authorities, for instance through instruments such as a European market surveillance board for algorithmic systems, to ensure a level playing field and to avoid fragmentation of the internal market, to decide with a qualified majority and by secret vote in case of different decisions on algorithmic systems used in more than one Member State, as well as at the request of the majority of the national authorities;
2020/05/19
Committee: IMCO
Amendment 38 #

2020/2006(INL)

Draft opinion
Paragraph 2
2. Supports the Commission in its efforts to strengthen standards and certification schemes that help to identify and promote deforestation-free commodities; highlights the importance of the development of a sustainable bio economy which gives a high economic value to sustainably produced products;
2020/03/31
Committee: ITRE
Amendment 158 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, web browsers, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services should be considered irrespective of the technology used to provide such services. In this sense, virtual or voice activated assistants and other connected devices fall within the scope of this Regulation whether their software is considered an operating system, an online intermediation service or a search engine. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
2021/07/09
Committee: IMCO
Amendment 180 #

2020/0374(COD)

Proposal for a regulation
Recital 20
(20) A very high number of business users that depend on a core platform service to reach a very high number of monthly active end users allow the provider of that service to influence the operations of a substantial part of business users to its advantage and indicate in principle that the provider serves as an important gateway. The respective relevant levels for those numbers should be set representing a substantive percentage of the entire population of the Union when it comes to end users and of the entire population of businesses using platforms to determine the threshold for business users. Active end users as well as business users should be defined in a way to adequately represent the role and reach of the specific core platform service in question. In order to provide legal certainty for gatekeepers, elements of such definitions per core platform service should be set out in an annex to this Regulation, which should be subject to possible amendment by the Commission by means of delegated act to be able to keep it up to date in the light of technical or other developments.
2021/07/09
Committee: IMCO
Amendment 188 #

2020/0374(COD)

Proposal for a regulation
Recital 25
(25) Such an assessment can only be done in light of a market investigation, while taking into account the quantitative thresholds. In its assessment the Commission should pursue the objectives of preserving and fostering the level of innovation, the quality of digital products and services, the degree to which prices are fair and competitive, and the degree to which quality or choice for business users and for end users is or remains high. Elements that are specific to the providers of core platform services concerned, such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration, can be taken into account. The potential negative and positive impacts of these elements for business users, especially for small and medium-sized enterprises, and consumers should be taken into consideration. In addition, a very high market capitalisation, a very high ratio of equity value over profit or a very high turnover derived from end users of a single core platform service can point to the tipping of the market or leveraging potential of such providers. Together with market capitalisation, high growth rates, or decelerating growth rates read together with profitability growth, are examples of dynamic parameters that are particularly relevant to identifying such providers of core platform services that are foreseen to become entrenched. The Commission should be able to take a decision by drawing adverse inferences from facts available where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
2021/07/09
Committee: IMCO
Amendment 203 #

2020/0374(COD)

Proposal for a regulation
Recital 33
(33) The obligations laid down in this Regulation are limited to what is necessary and justified to address the unfairness of the identified practices by gatekeepers and to ensure contestability in relation to core platform services provided by gatekeepers. Therefore, the obligations should correspond to those practices that are considered unfair by taking into account the features of the digital sector and where experience gained, for example in the enforcement of the EU competition rules, shows that they have a particularly negative direct impact on the business users and end users. The obligations laid down in the Regulation should specifically take into account the nature of the core platform services provided and the presence of different business models. In addition, it is necessary to provide for the possibility of a regulatory dialogue with gatekeepers to tailor those obligations that are likely to require specific implementing measures in order to ensure their effectiveness and proportionality. The obligations should only be updated after a thorough investigation on the nature and impact of specific practices that may be newly identified, following an in-depth investigation, as unfair or limiting contestability in the same manner as the unfair practices laid down in this Regulation while potentially escaping the scope of the current set of obligations.
2021/07/09
Committee: IMCO
Amendment 207 #

2020/0374(COD)

Proposal for a regulation
Recital 35
(35) The obligations laid down in this Regulation are necessary to address identified public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices.
2021/07/09
Committee: IMCO
Amendment 228 #

2020/0374(COD)

Proposal for a regulation
Recital 38
(38) To prevent further reinforcing their dependence on the core platform services of gatekeepers, the business users of these gatekeepers should be free in promoting and choosing the distribution channel they consider most appropriate to interact with any end users that these business users have already acquired through core platform services provided by the gatekeeper. Conversely, end users should also be free to choose offers of such business users and to enter into contracts with them either through core platform services of the gatekeeper, if applicable, or from a direct distribution channel of the business user or another indirect distribution channel such a business user may use. This should apply to the promotion of offers, any communications and conclusion of contracts between business users and end users. Moreover, the ability of end users to freely acquire content, subscriptions, features or other items outside the core platform services of the gatekeeper should not be undermined or restricted. In particular, it should be avoided that gatekeepers restrict end users from access to and use of such services via a software application running on their core platform service. For example, subscribers to online content purchased outside a software application download or purchased from a software application store should not be prevented from accessing such online content on a software application on the gatekeeper’s core platform service simply because it was purchased outside such software application or software application store.
2021/07/09
Committee: IMCO
Amendment 235 #

2020/0374(COD)

Proposal for a regulation
Recital 39 a (new)
(39 a) The national competition authorities should gather complaints from third parties on unfair behaviours by gatekeepers that fall within the scope of this Regulation and report relevant cases to the Commission. Based on clearly defined conditions and investigation priorities, the Commission should then examine the complaints and act accordingly by, for example, opening a formal market investigation.
2021/07/09
Committee: IMCO
Amendment 253 #

2020/0374(COD)

Proposal for a regulation
Recital 46
(46) A gatekeeper may use different means to favour its own services or products on its core platform service, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un- installing any pre-installed software applications on its core platform service and thereby favour their own software applications. The gatekeeper may restrict such un-installation when such applications are essential to the functioning of the operating system or the device.
2021/07/09
Committee: IMCO
Amendment 270 #

2020/0374(COD)

Proposal for a regulation
Recital 48 a (new)
(48 a) Gatekeepers can offer software applications or services which may be used on, or in conjunction with, a core platform service, such as operating systems or cloud computing services, offered by the same gatekeeper. If, in such circumstances, the gatekeeper prevents end users being able to use their software applications or services on, or in conjunction with, products or services of alternative providers under equal conditions as with the products or services of the gatekeeper, this could significantly undermine choice for end users and innovation by alternative providers. It should therefore be ensured that gatekeepers do not restrict to their advantage and to the detriment of alternative providers, end users and business users in choosing the products or services of alternative providers which they use in conjunction with the core platform service offered by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 313 #

2020/0374(COD)

Proposal for a regulation
Recital 58
(58) This Regulation should aim to ensure contestability and fairness of the digital economy, with a view to promoting innovation, high quality of digital products and services, fair and competitive prices, as well as a high quality and choice for end users in the digital sector. To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary and proportionate to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, toIn view of that, further specification should be possible where specific modalities of the implementation of an obligation set out in Article 6 can be affected by differences in business models where the provision concerned applies to a broad range of core platform services. To this end, the gatekeeper should be granted the opportunity to engage in a regulatory dialogue whereby the Commission may further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with the objectives of those obligations that are susceptible of being further specified. This regulatory dialogue should be limited to the questions around ensuring effective compliance with the obligation in line with the protection of safety, security and privacy. During such regulatory dialogue, the Commission should be able to consult with interested third parties in relation to the measures that the gatekeeper is expected to implement. The Commission will nevertheless retain discretion in deciding when further specification should be provided. This would ensure that the regulatory dialogue is not used to circumvent the present regulation. Furthermore, the regulatory dialogue is without prejudice to the powers of the Commission to adopt a decision pursuant to Articles 25, 26 or 27. Such decisions would be normally adopted when the gatekeeper acts in bad faith during the regulatory dialogue or in case of blatant non-compliance with an obligation. The possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
2021/07/09
Committee: IMCO
Amendment 331 #

2020/0374(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; whether systematic non- compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and additional practices that are similarly unfair and limiting the contestability of digital markets should be identified; and whether the prior designation of gatekeepers or introduction of obligations has had a significant impact on business users, especially on small and medium-sized enterprises, or consumers. Such assessment should be based on market investigations to be run in an appropriate timeframe, by using clear procedures and deadlines, in order to support the ex ante effect of this Regulation on contestability and fairness in the digital sector, and to provide the requisite degree of legal certainty.
2021/07/09
Committee: IMCO
Amendment 336 #

2020/0374(COD)

Proposal for a regulation
Recital 63
(63) Following a market investigation, an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. It should then, in principle, comply with all of the relevant obligations laid down by this Regulation which are appropriate and necessary to guarantee contestability. However, for gatekeepers that have been designated by the Commission as likely to enjoy an entrenched and durable position in the near future, the Commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. With respect to such emerging gatekeepers, the Commission should take into account that this status is in principle of a temporary nature, and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position, or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived.
2021/07/09
Committee: IMCO
Amendment 340 #

2020/0374(COD)

Proposal for a regulation
Recital 64
(64) The Commission should investigate and assess whether additional behavioural, or, where appropriate, structural remedies are justified, in order to ensure that the gatekeeper cannot frustrate the objectives of this Regulation by systematic non- compliance with one or several of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the case if the gatekeeper’s size in the internal market has further increased, economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of its position. The Commission should therefore in such cases have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. Structural remedies, such as legal, functional or structural separation, including the divestiture of a business, or parts of it, should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. Changes to the structure of an undertaking as it existed before the systematic non- compliance was established would only be proportionate where there is a substantial risk that this systematic non- compliance results from the very structure of the undertaking concerned. The Commission should be able to impose interim measures at any time during proceedings to prevent serious or immediate damages for business users or end users.
2021/07/09
Committee: IMCO
Amendment 343 #

2020/0374(COD)

Proposal for a regulation
Recital 65 a (new)
(65 a) Interim measures can be an important tool to ensure that, while an investigation is ongoing, the infringement being investigated does not lead to serious and immediate damage for business users or end users of gatekeepers. In case of urgency, where a risk of serious and immediate damage for business users or end-users of gatekeepers could result from new practices that may undermine contestability of core platform services, the Commission should be empowered to impose interim measures by temporarily imposing obligations to the gatekeeper concerned. These interim measures should be limited to what is necessary and justified. They should apply pending the conclusion of the market investigation and the corresponding final decision of the Commission pursuant to Article 17.
2021/07/09
Committee: IMCO
Amendment 351 #

2020/0374(COD)

Proposal for a regulation
Recital 67 a (new)
(67 a) The Commission shall, where appropriate, be entitled to require the commitments to be tested, for example, by using split-run tests and other randomised experiments, in order to optimise their effectiveness. The commitments should be reviewed after they have been in place for an appropriate period. Where the review of the commitments by the Commission shows that they have not led to effective compliance, the Commission should be entitled to require amendment or revocation thereof.
2021/07/09
Committee: IMCO
Amendment 361 #

2020/0374(COD)

Proposal for a regulation
Recital 72
(72) The Commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this Regulation. Such actions should include the ability of the Commission to appoint independent external experts, such as and auditors to assist the Commission in this process, including where applicable from competent independent authorities, such as data or consumer protection authorities.
2021/07/09
Committee: IMCO
Amendment 368 #

2020/0374(COD)

Proposal for a regulation
Recital 75
(75) In the context of proceedings carried out under this Regulation, the undertakings concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. While ensuring the rights to good administration and the rights of defence of the undertakings concerned, in particular, the right of access to the file and the right to be heard, it is essential that confidential informationand sensitive commercial information, which could affect the privacy of trade secrets, be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met.
2021/07/09
Committee: IMCO
Amendment 372 #

2020/0374(COD)

Proposal for a regulation
Recital 78
(78) The Commission should periodically evaluate this Regulation and closely monitor its effects on the contestability and fairness of commercial relationships in the online platform economy, in particular with a view to determining the need for amendments in light of relevant technological or commercial developments. This evaluation should include the regular review of the list of core platform services and the obligations addressed to gatekeepers as well as enforcement of these, in view of ensuring that digital markets across the Union are contestable and fair. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of Member States and relevant stakeholders. The Commission may in this regard also consider the opinions and reports presented to it by the Observatory on the Online Platform Economy that was first established by Commission Decision C(2018)2393 of 26 April 2018, by Eurostat, and by the national statistics offices of the countries where the service providers operate. Following the evaluation, the Commission should take appropriate measures. The Commission should to maintain a high level of protection and respect for the common EU rights and values, particularly equality and non-discrimination, as an objective when conducting the assessments and reviews of the practices and obligations provided in this Regulation.
2021/07/09
Committee: IMCO
Amendment 379 #

2020/0374(COD)

Proposal for a regulation
Recital 79 a (new)
(79 a) The Commission shall apply the provisions of this Regulation in close cooperation with the competent national competition authorities, acting within the framework of the European Competition Network, to ensure effective enforceability as well as coherent implementation of this Regulation and to facilitate the cooperation with national authorities.
2021/07/09
Committee: IMCO
Amendment 381 #

2020/0374(COD)

Proposal for a regulation
Recital 79 b (new)
(79 b) Without prejudice to the budgetary procedure and through existing financial instruments, adequate human, financial and technical resources should be allocated to the Commission to ensure that it can effectively perform its duties and exercise its powers as necessary for the enforcement of this Regulation.
2021/07/09
Committee: IMCO
Amendment 391 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 3 a (new)
3 a. This Regulation shall not apply to the data that is used to maintain or improve security of online transactions and prevent fraud.
2021/07/09
Committee: IMCO
Amendment 392 #

2020/0374(COD)

5. In order to ensure the frictionless and coherent application of this Regulation throughout the internal market and to guarantee a fully harmonized approach, the European Commission shall be the sole enforcer and decision maker on the correct application of the rules and obligations outlined in this Regulation. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
2021/07/09
Committee: IMCO
Amendment 399 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 5 a (new)
5 a. In addition to Article 32a, national competition authorities shall notify the Commission at least four weeks before the opening of any formal proceedings against any provider of core platform services if there is any possible overlap with the scope of this Regulation in order to ensure close coordination and cooperation at Union and national level.
2021/07/09
Committee: IMCO
Amendment 411 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 7
7. National authorities shall not take decisions which would run counter to a decision adopted by the Commission under this Regulation. The Commission and Member States shall work in close cooperation and coordination in their enforcement actions on the basis of the principles and rules established in Article 32a.
2021/07/09
Committee: IMCO
Amendment 422 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
(g) cloud computing services, except if those services are used by business users as underlying facilities for the purposes of developing and deploying their own solutions;
2021/07/09
Committee: IMCO
Amendment 433 #
2021/07/09
Committee: IMCO
Amendment 437 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
(h b) virtual assistants;
2021/07/09
Committee: IMCO
Amendment 442 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘Virtual assistant’ means software that can perform tasks or services for end- users based on commands or questions;
2021/07/09
Committee: IMCO
Amendment 443 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
(3 b) ‘Web browser’ means a client software program that runs against a Web server or other Internet server and enables a user to navigate the World Wide Web to access and display data, including standalone web browsers as well as web browsers integrated or embedded in software or similar;
2021/07/09
Committee: IMCO
Amendment 445 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘Online search engine’ means a digital service as defined in point 5 of Article 2 of Regulation (EU) 2019/1150, thus excluding the search functions on other online intermediation services;
2021/07/09
Committee: IMCO
Amendment 526 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within threewo months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).
2021/07/09
Committee: IMCO
Amendment 572 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 7 a (new)
7 a. When designating a gatekeeper, the Commission shall specify, under Article 7, which obligations are to be implemented by the gatekeeper, taking into account the business models of the gatekeeper concerned.
2021/07/09
Committee: IMCO
Amendment 574 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 withiand shall notify the Commission of the details of its compliance with those obligations as soon as possible, and in any case no later than six months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
2021/07/09
Committee: IMCO
Amendment 584 #

2020/0374(COD)

Proposal for a regulation
Article 4 – paragraph 2 – introductory part
2. The Commission shall regularly, and at least every 2 years, review whether the designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), or whether new providers of core platform services satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted and if any business users, especially small and medium-sized enterprises or consumers, have been negatively impacted by the designation of a core platform service as a gatekeeper.
2021/07/09
Committee: IMCO
Amendment 623 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to or communicate with end users acquired via the core platform service, within or outside the core platform service, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper, unless the gatekeeper can demonstrate that such access bypasses the security measures of the gatekeeper's core platform service;
2021/07/09
Committee: IMCO
Amendment 673 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide individual advertisers and publishers to which it supplies advertising services, upon their request, with information concerningon the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries, the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 723 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications, and delete the accompanying collected and stored data, on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
2021/07/09
Committee: IMCO
Amendment 733 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper or undermine the protection of user safety and data protection, provided that such measures are duly justified and proportionate;
2021/07/09
Committee: IMCO
Amendment 762 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users, or using its virtual assistant;
2021/07/09
Committee: IMCO
Amendment 769 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business users, end-users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services. The gatekeeper shall not be prevented from taking justified, non-discriminatory and proportionate measures to ensure that third party ancillary services do not endanger user safety, data protection, or the functionality and integrity of the operating system or hardware;
2021/07/09
Committee: IMCO
Amendment 786 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, or third parties authorised by advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory, including aggregated data and performance data in a manner that would allow advertisers and publishers to run their own verification and measurement tools to assess performance of the core services provided for by the gatekeepers;
2021/07/09
Committee: IMCO
Amendment 805 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated orand non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
2021/07/09
Committee: IMCO
Amendment 822 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) refrain from imposing on business users or end users software applications or services which are used on, or in conjunction with a core service platform of the gatekeeper, any licensing conditions or economic terms that have the effect of limiting, in a discriminatory manner relative to the gatekeeper’s own offerings, end users’ ability or economic incentive to use software applications or services on, or in conjunction with, products or services that compete with those of the gatekeeper for instance by attributing a preferential treatment to its own offerings which would bring them forward to the attention of the end users or business users.
2021/07/09
Committee: IMCO
Amendment 854 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may act on its own initiative and may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision wias soon as possible, and in any case no later thian six months from the opening of proceedings pursuant to Article 18.
2021/07/09
Committee: IMCO
Amendment 861 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2 a (new)
2 a. In order to effectively comply with the obligations laid down in Article 6, the gatekeeper shall be granted the opportunity to engage in a regulatory dialogue, whereby the Commission can further specify relevant measures that the gatekeeper concerned shall adopt in order to effectively comply with those obligations. When doing so, the Commission may decide to consult third parties whose views it considers necessary in relation to the measures that the gatekeeper is expected to implement. Further specification of obligations laid down in Article 6 shall be limited to issues relating to ensuring effective compliance with the obligation while protecting safety, security and privacy and where the modalities of implementation of an obligation can be affected by differences in business models. The Commission shall retain discretion in deciding whether to engage in such a dialogue.
2021/07/09
Committee: IMCO
Amendment 863 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2 b (new)
2 b. A gatekeeper may request an opening of proceedings pursuant to Article 18 in order for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper shall, in its request, provide a reasoned submission to explain in particular, why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances.
2021/07/09
Committee: IMCO
Amendment 872 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings wias soon as possible, and in any case no later thian three months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings.
2021/07/09
Committee: IMCO
Amendment 882 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. A gatekeeper may request the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances.deleted
2021/07/09
Committee: IMCO
Amendment 890 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request. The suspension decision shall be accompanied by a reasoned statement explaining the grounds for the suspension.
2021/07/09
Committee: IMCO
Amendment 899 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either in whole or in part lift the suspension or decide that the conditions of paragraph 1 continue to be met.
2021/07/09
Committee: IMCO
Amendment 902 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties, in particular smaller business users and consumers. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.
2021/07/09
Committee: IMCO
Amendment 911 #

2020/0374(COD)

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 a (new)
Where the exemption is granted pursuant paragraph 1, the Commission shall review its exemption decision every year. Following such a review, the Commission shall either lift the exemption or decide that the conditions of paragraph 1 continue to be met.
2021/07/09
Committee: IMCO
Amendment 927 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users andor the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or
2021/07/09
Committee: IMCO
Amendment 936 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of thea gatekeeper, including any undertaking to which the gatekeeper belongs, shall not engage in any behaviour regardless of whether this behaviour is of a contractual, commercial, technical or any other nature that would undermine these obligations.
2021/07/09
Committee: IMCO
Amendment 947 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult, including by offering choices to the end- user in a non-neutral manner, or by subverting user's autonomy, decision- making, or choice via the structure, function or manner of operation of a user interface or a part thereof.
2021/07/09
Committee: IMCO
Amendment 986 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned wias soon as possible, and in any case no later thian six months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
2021/07/09
Committee: IMCO
Amendment 994 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Where the provider of core platform services satisfies the thresholds set out in Article 3(2), but has presented significantly substantiated arguments in accordance with Article 3(4), the Commission shall endeavour to conclude the market investigation wias soon as possible, and in any case no later thian five months from the opening of the market investigation by a decision pursuant to paragraph 1. In that case the Commission shall endeavour to communicate its preliminary findings pursuant to paragraph 2 to the provider of core platform services wias soon as possible, and in any case no later thian three months from the opening of the investigation.
2021/07/09
Committee: IMCO
Amendment 1005 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a gatekeeper has engaged in systematic non-compliance. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall, where appropriate, be entitled to require the remedies to be tested to optimise their effectiveness. The Commission shall conclude its investigation by adopting a decision wias soon as possible, and in any case no later thian twelve months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 1014 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission may only impose structural remedies pursuant to paragraph 1 either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the gatekeeper concerned than the structural remedy.deleted
2021/07/09
Committee: IMCO
Amendment 1028 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned wias soon as possible, and in any case no later thian six months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate.
2021/07/09
Committee: IMCO
Amendment 1044 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
(ba) The Commission shall be entitled to impose interim measures if there is a risk of serious and immediate damage for business users or end users of gatekeepers.
2021/07/09
Committee: IMCO
Amendment 1057 #

2020/0374(COD)

Proposal for a regulation
Article 20 – paragraph 1
The Commission mayand the competent national competition authorities, may, in accordance with Article 32a, interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, pursuant to Articles 7, 16, 16, 17, 25 and 26, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.
2021/07/09
Committee: IMCO
Amendment 1064 #

2020/0374(COD)

Proposal for a regulation
Article 21 a (new)
Article 21 a Reporting mechanism for business users and end-users 1. Business users, competitors and end- users of the core platform services as defined in point 2 of Article 2 may, by means of a complaint, report to the competent national competition authorities any practice or behaviour by gatekeepers that falls into the scope of this Regulation, including non-compliance. The competent national competition authorities shall assess these complaints and report relevant cases to the Commission under the procedure provided for in Article 32a. 2. The Commission shall define the conditions under which the reports referred to in paragraph 1 shall be submitted to it. 3. The Commission shall have the power to set its priorities for the task of examining the reports referred to paragraph 1. Subject to this paragraph and to Article 33, the Commission may decide not to examine a report if it deems that such report is not an enforcement priority. 4. When the Commission considers a report to be an enforcement priority, it may open proceedings pursuant to Article 18 or a market investigation pursuant to Article 14.
2021/07/09
Committee: IMCO
Amendment 1067 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparablmmediate damage for business users or end users of gatekeepers, the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6.
2021/07/09
Committee: IMCO
Amendment 1069 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2 a (new)
2a. In the case of urgency, due to the risk of serious and immediate damage for business users or end users of gatekeepers, resulting from new practices implemented by one or more gatekeepers that could undermine contestability of core platform services or that could be unfair pursuant to Article 10(2), the Commission may impose interim measures on the concerned gatekeepers in order to avoid the materialization of such risk.
2021/07/09
Committee: IMCO
Amendment 1070 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2 b (new)
2b. A decision referred to in paragraph 1 may only be adopted in the context of a market investigation pursuant to Article 17 and within 6 months of the opening of such an investigation. The interim measures shall apply for a specified period of time and, in any case, shall be replaced by any new obligations that may arise under the final decision resulting from the market investigation pursuant to Article 17.
2021/07/09
Committee: IMCO
Amendment 1074 #

2020/0374(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. If during proceedings under Articles 16 or 25 the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the obligations laid down in Articles 5 and 6, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) make those commitments binding on that gatekeeper and declare that there are no further grounds for action. The Commission shall, where appropriate, be entitled to require the commitments to be tested to optimise their effectiveness.
2021/07/09
Committee: IMCO
Amendment 1089 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with the decisionimpose behavioural or structural remedies as necessary and proportionate to the infringement.
2021/07/09
Committee: IMCO
Amendment 1145 #

2020/0374(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. The Commission shall be assisted by the Digital Markets Advisory Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011. Each Member State shall appoint two representatives to the Committee. If the appointed representatives are unable to attend, other representatives may replace them. At least one of the representatives of a Member State shall be competent in matters of restrictive practices, abuses of dominant positions and other forms of unilateral conduct. Member States shall take all necessary measures to ensure the protection of confidential information by their representatives.
2021/07/09
Committee: IMCO
Amendment 1149 #

2020/0374(COD)

Proposal for a regulation
Article 32 a (new)
Article 32 a Coordination with Member States 1. In accordance with the principles laid down in Article 1, the Commission shall be the sole decision maker on the correct application of this Regulation. To ensure effective enforceability and coherent implementation, the Commission shall be supported in every possible way by the expertise of the competent national competition authorities. 2. The Commission may, therefore, ask competent national competition authorities to support any of its market investigations pursuant to this Regulation. However, competent national competition authorities shall not take decisions which run counter to a decision adopted by the Commission. 3. To this end, the Commission shall apply the provisions of this Regulation in close cooperation with the competent national competition authorities, acting within the European Competition Network as defined at point (5) of Article 2 of Directive (EU) 2019/1, in accordance with the provisions of this Article. It shall, in particular and as appropriate, make use of the European Competition Network System referred to in Article 33 of that Directive for the exchange of information. 4. Within this framework, the competent national competition authorities shall perform – inter alia – the following tasks: (a) synchronize national implementation, ensure that decisions based on this Regulation are coherent with related regulations and support the Commission in technical enforcement matters; (b) gather market intelligence on the ground and coordinate data collection and monitoring throughout the internal market including on enforcement, emerging gatekeepers, and technological trends; (c) submit complaints from business users, competitors and end-users as provided for in Article 21a to the Commission and raise awareness of specific concerns or issues emerging at national level; (d) at the request of the Commission, cooperate in the application of Articles 12, 15, 16 and 17 and otherwise assist the Commission in investigations. In this regard, the competent national competition authorities shall be entitled to exercise, mutatis mutandis, the following powers of the Commission: (i) requests for information as set out in Article 19 (ii) power to carry out interviews and take statements as set out in Article 20; and (iii) powers to conduct on-site inspections as set out in Article 21; (e) make recommendations to the Commission on the update of obligations under Articles 5 and 6 and advice the Commission in the preparation of delegated acts according to Article 10; (f) monitor the international context, generate knowledge on the developments outside the Union and share enforcement experience. 5. Member States shall ensure that their competent national competition authorities have the human, financial and technical resources that are necessary for the effective performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2 of this Article; 6. The Commission and the competent national competition authorities enforcing the rules referred to in Article 1(6) shall have the power to provide each other with any matter of fact or of law, including confidential information. The information supplied to the Commission may be made available to the competent national competition authorities of other Member States. The competent national competition authorities may also exchange between themselves information necessary for the assessment of a case that they are dealing with under this Regulation. 7. The competent national competition authorities shall, when acting pursuant to paragraph 3, inform the Commission in writing of the first formal investigative measure, before or immediately after the start of such measure. This information may also be made available to the competent national competition authorities of the other Member States.
2021/07/09
Committee: IMCO
Amendment 1154 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to Articles 15, 16 and 17 or institute proceedings in respect of possible non-compliance pursuant to Article 25 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, the Commission shall wiat a gatekeeper is not complying with its obligations as laid down in Articles 5 and 6, that one or more services within the digital sector should be added to the list of core platform services pursuant to point (2) of Article 2 or that there are reasonable grounds to suspect that one or several types of practices are not effectively addressed by this Regulation and can limit the contestability of core platform services or can be unfair, the Commission shall as soon as possible, and in any case no later thian four months examine whether there are reasonable grounds to open such an investigation.
2021/07/09
Committee: IMCO
Amendment 1183 #

2020/0374(COD)

Proposal for a regulation
Article 36 – paragraph 1 – introductory part
1. The Commission may adopt implementing acts concerning articles: 3, 6, 12, 13, 15, 16, 17, 20, 22, 23, 25 and 30 with respect to:
2021/07/09
Committee: IMCO
Amendment 1192 #

2020/0374(COD)

Proposal for a regulation
Article 38 – paragraph 2
2. The evaluations shall establish whether inclusion of additional rules or deletion of the existing ones, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
2021/07/09
Committee: IMCO
Amendment 194 #

2020/0361(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) As Party to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), provisions of the Convention are integral part of the Union legal order and binding upon the Union and its Member States. The UN CRPD requires its Parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas. General Comment No2 to the UN CRPD further states that “The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity.” Given the ever-growing importance of digital services and platforms in private and public life, in line with the obligations enshrined in the UN CRPD, the EU must ensure a regulatory framework for digital services which protects rights of all recipients of services, including persons with disabilities.
2021/07/08
Committee: IMCO
Amendment 199 #

2020/0361(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) Given the cross-border nature of the services at stake, Union action to harmonise accessibility requirements for intermediary services across the internal market is vital to avoid market fragmentation and ensure that equal right to access and choice of those services by all consumers and other recipients of services, including by persons with disabilities, is protected throughout the Union. Lack of harmonised accessibility requirements for digital services and platforms will also create barriers for the implementation of existing Union legislation on accessibility, as many of the services falling under those laws will rely on intermediary services to reach end- users. Therefore, accessibility requirements for intermediary services, including their user interfaces, must be consistent with existing Union accessibility legislation, such as the European Accessibility Act and the Web Accessibility Directive, so that no one is left behind as result of digital innovation. This aim is in line with the Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.
2021/07/08
Committee: IMCO
Amendment 201 #

2020/0361(COD)

Proposal for a regulation
Recital 5 b (new)
(5b) The notions of ‘access’ or ‘accessibility’ are often referred to with the meaning of affordability (financial access), availability, or in relation to access to data, use of network, etc. It is important to distinguish these from ‘accessibility for persons with disabilities’ which means that services, technologies and products are perceivable, operable, understandable and robust for persons with disabilities.
2021/07/08
Committee: IMCO
Amendment 204 #

2020/0361(COD)

Proposal for a regulation
Recital 7
(7) In order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to providers of intermediary services irrespective of their place of establishment or residence, in so far as they provide and direct services at and in the Union, as evidenced by a substantial connection to the Union.
2021/07/08
Committee: IMCO
Amendment 214 #

2020/0361(COD)

Proposal for a regulation
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, among others, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. To assist Member States and providers, the Commission should provide guidelines as to how to interpret the interaction between different Union acts and how to prevent any duplication of requirements on providers or potential conflicts in the interpretation of similar requirements. __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
2021/07/08
Committee: IMCO
Amendment 219 #

2020/0361(COD)

Proposal for a regulation
Recital 10
(10) For reasons of clarity, it should also be specified that this Regulation is without prejudice to Regulation (EU) 2019/1148 of the European Parliament and of the Council30 and Regulation (EU) 2019/1150 of the European Parliament and of the Council,31 , Directive 2002/58/EC of the European Parliament and of the Council32 and Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC33 as well as Union law on consumer protection, in particular Directive 2005/29/EC of the European Parliament and of the Council34 , Directive 2011/83/EU of the European Parliament and of the Council.35 Directive (EU) 2019/882 of the European Parliament and of the Council, and Directive 93/13/EEC of the European Parliament and of the Council36 , as amended by Directive (EU) 2019/2161 of the European Parliament and of the Council37 , and on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council.38 The protection of individuals with regard to the processing of personal data is solely governed by the rules of Union law on that subject, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. This Regulation is also without prejudice to the rules of Union law on working conditions. __________________ 30Regulation (EU) 2019/1148 of the European Parliament and of the Council on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 (OJ L 186, 11.7.2019, p. 1). 31 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 32Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ L 201, 31.7.2002, p. 37. 33Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC. 34Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 35Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. 36Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. 37Directive (EU) 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 38Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
2021/07/08
Committee: IMCO
Amendment 227 #

2020/0361(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable lawUnion or national law as a result of its display on an intermediary service is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegaldue to its direct connection to or promotion of an illegal activity, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non- compliant or counterfeit products, illegal trading of animals, plants and substances, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
2021/07/08
Committee: IMCO
Amendment 242 #

2020/0361(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) Additionally in order to avoid imposing obligations simultaneously on two providers for the same content, a hosting service should only be deemed an online platform when it has a direct relationship with the recipient of the service. A hosting provider who is acting as the infrastructure for an online platform should not be considered as an online platform based on this relationship, where it implements the decisions of the online platform and its user indirectly.
2021/07/08
Committee: IMCO
Amendment 243 #

2020/0361(COD)

Proposal for a regulation
Recital 13 b (new)
(13b) For the purpose of this Regulation, a cloud computing service should not considered as an ‘online platform’ where allowing the dissemination of hyperlinks to a specific content is a minor and ancillary feature. Moreover a cloud computing service when serving as infrastructure, for example as the underlining infrastructural storage and computing services of an internet- based application or online platform, should not in itself be seen as disseminating to the public information stored or processed at the request of a recipient of an application or online platform which it hosts.
2021/07/08
Committee: IMCO
Amendment 269 #

2020/0361(COD)

Proposal for a regulation
Recital 21
(21) A provider should be able to benefit from the exemptions from liability for ‘mere conduit’ and for ‘caching’ services when it is in no way involved with the information transmitted. This requires, among other things, that the provider does not modify the information that it transmits. However, this requirement should not be understood to cover manipulations of a technical nature which take place in the course of the transmission, as such manipulations do not alter the integrity of the information transmitted. It also should not be understood to cover the ranking or sorting of information to make it accessible to a user or actions required to ensure the security of the transmissions.
2021/07/08
Committee: IMCO
Amendment 273 #

2020/0361(COD)

Proposal for a regulation
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content. As long as providers act upon obtaining actual knowledge, providers should maintain the exemptions from liability referred to in article 3, 4, and 5, even when under taking voluntary own-initiative investigations or actions in line with Article 27.
2021/07/08
Committee: IMCO
Amendment 285 #

2020/0361(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online marketplaces which are online platforms that allow consumers to conclude distance contracts with traders on the online platform itself, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platformmarketplaces present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. This may include the storage, packing and shipment of a good from a warehouse under the control of the online marketplace. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well- informed consumer.
2021/07/08
Committee: IMCO
Amendment 298 #

2020/0361(COD)

Proposal for a regulation
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. Similarly, measures taken to enforce a provider's terms and conditions should not lead to the unavailability of the exemptions. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken in order to detect, identify and act against illegal content on a voluntary basis or to enforce a provider's terms and conditions and the transparency reporting related to those actions should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
2021/07/08
Committee: IMCO
Amendment 309 #

2020/0361(COD)

Proposal for a regulation
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be and among others, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, Virtual Private Networks, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
2021/07/08
Committee: IMCO
Amendment 311 #

2020/0361(COD)

Proposal for a regulation
Recital 27 a (new)
(27a) A single webpage or website may include elements that qualify differently between ‘mere conduit’, ‘caching’ or hosting services and the rules for exemptions from liability should apply to each accordingly. For example, a search engine may act solely as a ‘caching’ service as to information included in the results of an inquiry. Elements displayed alongside those results, such as online advertisements, would however still meet the standard of a hosting service.
2021/07/08
Committee: IMCO
Amendment 312 #

2020/0361(COD)

Proposal for a regulation
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case, where set down in Union acts and, in particular, does not affect orders by national authorities in accordance with national legislation that implements Union acts, in accordance with the conditions established in this Regulation and other Union law regarded as lex specialis. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content. Equally, nothing in this Regulation should prevent providers from enacting end-to-end encrypting of their services.
2021/07/08
Committee: IMCO
Amendment 324 #

2020/0361(COD)

Proposal for a regulation
Recital 29
(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the effective processing of those orders.
2021/07/08
Committee: IMCO
Amendment 327 #

2020/0361(COD)

Proposal for a regulation
Recital 30
(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information. Nevertheless, the same relevant protections for providers and users granted in the Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online] should be provided here in order to ensure equivalent rules and protections for all types of content and information covered by such orders. This includes the ability of a provider to challenge an order before its Digital Services Coordinator of establishment and to seek a decision as to the effect to be given to the order. Digital Services Coordinator of establishment should be able to take a decision to suspend or limit the application of the order, where it views it as in conflict with Union or its national law.
2021/07/08
Committee: IMCO
Amendment 351 #

2020/0361(COD)

Proposal for a regulation
Recital 35
(35) In that regard, it is important that the due diligence obligations are adapted to the type and nature of the intermediary service concerned. This Regulation therefore sets out basic obligations applicable to all providers of intermediary services, as well as additional obligations for providers of hosting services and, more specifically, online platforms and very large online platforms. To the extent that providers of intermediary services may fall within those different categories in view of the nature of their services and their size, they should comply with all of the corresponding obligations of this Regulation in relations to those services. Services that do not fall within those different categories should not be effected, even when provided by the same provider or under the same ownership structure. Those harmonised due diligence obligations, which should be reasonable and non-arbitrary, are needed to achieve the identified public policy concerns, such as safeguarding the legitimate interests of the recipients of the service, addressing illegal practices and protecting fundamental rights online.
2021/07/08
Committee: IMCO
Amendment 354 #

2020/0361(COD)

Proposal for a regulation
Recital 35 a (new)
(35a) Similarly, in order to ensure that the obligations are only applied to those providers of intermediary services where the benefit would outweigh the burden on the provider, the Commission should be empowered to issue a waiver to the requirements of Chapter III, in whole or in parts, to those providers of intermediary services that are non-for- profit or equivalent and serve a manifestly positive role in the public interest, or are SMEs without any systemic risk related to illegal content. The providers should present justified reasons for why they should be issued a waiver. The Commission should examine such an application and has the authority to issue or revoke a waiver at any time. The Commission should maintain a public list of all waiver issued and their conditions containing a description on why the provider is justified a waiver.
2021/07/08
Committee: IMCO
Amendment 355 #

2020/0361(COD)

Proposal for a regulation
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. This contact point maybe the same contact point as required under other Union acts. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
2021/07/08
Committee: IMCO
Amendment 359 #

2020/0361(COD)

Proposal for a regulation
Recital 37
(37) Providers of intermediary services that are established in a third country that offer services in the Union should designate a sufficiently mandated legal representative in the Union and provide information relating to their legal representatives, so as to allow for the effective oversight and, where necessary, enforcement of this Regulation in relation to those providers. It should be possible for the legal representative to also function as point of contact, provided the relevant requirements of this Regulation are complied with. Where providers of intermediary services that are established in a third country chooses not to do not, it becomes subject to the jurisdiction of all Member States, in accordance with Article 40(3).
2021/07/08
Committee: IMCO
Amendment 363 #

2020/0361(COD)

Proposal for a regulation
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. At the same time, recipients should enter into such agreements willingly without any misleading or coercive tactics and therefore a ban on dark patterns should be introduced.
2021/07/08
Committee: IMCO
Amendment 368 #

2020/0361(COD)

Proposal for a regulation
Recital 38 a (new)
(38a) While an additional requirement should apply to very large online platform, all providers should do a general self-assessment of potential risk related to their services, especially in relations with minors and should take voluntary mitigation measures where appropriate. In order to ensure that the provider undertakes these actions, Digital Services Coordinators may ask for proof.
2021/07/08
Committee: IMCO
Amendment 369 #

2020/0361(COD)

Proposal for a regulation
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40 which do not also qualify as very large online platforms. In any public versions of such reports, providers of intermediary services should remove any information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions. __________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2021/07/08
Committee: IMCO
Amendment 383 #

2020/0361(COD)

Proposal for a regulation
Recital 40 a (new)
(40a) Nevertheless, notices should be directed to the actor that has the technical and operational ability to act and the closest relationship to the recipient of the service that provided the information or content, such as to an online platform and not to the hosting service provider on which provides services to that online platform. Such hosting service providers should redirect such notices to the particular online platform and inform the notifying party of this fact.
2021/07/08
Committee: IMCO
Amendment 384 #

2020/0361(COD)

Proposal for a regulation
Recital 40 b (new)
(40b) Moreover, hosting providers should seek to act only against the items of information notified. This may include acts such as disabling hyperlinking to the items of information. Where the removal or disabling of access to individual items of information is technically or operationally unachievable due to legal, contractual, or technological reasons, such as encrypted file and data storage and sharing services, hosting providers should inform the recipient of the service of the notification and seek action. If a recipient fails to act or delays action, or the provider has reason to believe has failed to act or otherwise acts in bad faith, the hosting provider may suspend their service in line with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 387 #

2020/0361(COD)

Proposal for a regulation
Recital 41 a (new)
(41a) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, either because it is illegal or is not allowed under its terms and conditions, it should do so in a timely manner, taking into account the potential harm the infraction and the technical abilities of the provider. Information that could have a negative effect on minors, women and vulnerable users such as those with protected characteristics under Article 21 of the Charter should be seen as a matter requiring urgency.
2021/07/08
Committee: IMCO
Amendment 404 #

2020/0361(COD)

Proposal for a regulation
Recital 44
(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. In addition, provision should be made for the possibility of entering, in good faith, an out-of-court dispute settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint-handling systems, by certified bodies located in either the Member State of the recipient or the provider and that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effective manner. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.
2021/07/08
Committee: IMCO
Amendment 412 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should normally only be awarded to non-governmental entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities, however, can be public in nature for actions not related to intellectual property rights, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, non- governmental organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
2021/07/08
Committee: IMCO
Amendment 422 #

2020/0361(COD)

Proposal for a regulation
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and, proportionate and effective safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
2021/07/08
Committee: IMCO
Amendment 426 #

2020/0361(COD)

Proposal for a regulation
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a an imminent threat to the life or safety of person, notably when it concerns vulnerable users, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing upon request all relevant information available to it, including where relevant the content in question and an explanation of its suspicion and unless instructed otherwise, should remove or disable the content. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
2021/07/08
Committee: IMCO
Amendment 435 #

2020/0361(COD)

Proposal for a regulation
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with tradermarketplaces should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platform, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platformmarketplaces should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary and no longer than six months after the end of a relationship with the trader, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate direct interest, including through the orders to provide information referred to in this Regulation.
2021/07/08
Committee: IMCO
Amendment 446 #

2020/0361(COD)

Proposal for a regulation
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platformmarketplaces covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platformmarketplaces covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformmarketplaces, which have made the reasonable effortefforts to the best of their ability as required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platformmarketplaces should also design and organise their online interface in an user- friendly way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
2021/07/08
Committee: IMCO
Amendment 448 #

2020/0361(COD)

Proposal for a regulation
Recital 50 a (new)
(50a) The online interface of online marketplace should allow traders to provide the information referred to in Article 22a of this Regulation and any other information where needed and necessary to allow for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. Providers of online marketplaces, when they become aware that a product or services is illegal, should inform recipients who have acquired the product or services through their marketplace of this fact and any possible redress.
2021/07/08
Committee: IMCO
Amendment 456 #

2020/0361(COD)

Proposal for a regulation
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
2021/07/08
Committee: IMCO
Amendment 470 #

2020/0361(COD)

Proposal for a regulation
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The determination of this operational threshold, therefore, should only take into those recipients which are physical persons residing in the Union or physical persons acting on behalf of a legal person established in the Union. Automated bots, fake accounts, indirect hyperlinking, FTP or other indirect downloading of content should not be included in the determination of this threshold being exceed. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means.
2021/07/08
Committee: IMCO
Amendment 477 #

2020/0361(COD)

Proposal for a regulation
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition or misuse the way platforms' terms and conditions, including content moderation policies, are enforced, often through automatic means. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, fundamental rights, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 482 #

2020/0361(COD)

Proposal for a regulation
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditionprevent the manipulation and exploitation of the service, including by the amplification of content which is counter to their terms and conditions, adapting their decision-making processes, or adapting their terms and conditions and content moderation policies and how those policies are enforced, while being fully transparent to the users. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources, including by displaying related public service advertisements instead of other commercial advertisements. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
2021/07/08
Committee: IMCO
Amendment 499 #

2020/0361(COD)

Proposal for a regulation
Recital 63
(63) Advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned. In addition, very large online platforms should label any known deep fake videos, audio or other files.
2021/07/08
Committee: IMCO
Amendment 504 #

2020/0361(COD)

Proposal for a regulation
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, which mean the conditions set down in this Regulation. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
2021/07/08
Committee: IMCO
Amendment 511 #

2020/0361(COD)

Proposal for a regulation
Recital 66
(66) To facilitate the effective and consistent application of the obligations in this Regulation that may require implementation through technological means, it is important to promote voluntary industry standards covering certain technical procedures, where the industry can help develop standardised means to comply with this Regulation, such as allowing the submission of notices, including through application programming interfaces, or about the interoperability of advertisement repositories. Such standards could in particular be useful for relatively small providers of intermediary services. The standards could distinguish between different types of illegal content or different types of intermediary services, as appropriate. However, where no voluntary industry standard is agreed and the Commission finds that the application of this Regulation by providers is significantly divergent, the Commission should be empowered to adopt delegated acts where needed until a voluntary industry standard is agreed.
2021/07/08
Committee: IMCO
Amendment 528 #

2020/0361(COD)

Proposal for a regulation
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, since the Commission willhas issued guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan in May 2021.
2021/07/08
Committee: IMCO
Amendment 541 #

2020/0361(COD)

Proposal for a regulation
Recital 76
(76) In the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the Member States, there is a need to ensure clarity under which Member State's jurisdiction those providers fall for the purposes of enforcing the rules laid down in Chapters III and IV and Article 8 and 9 by the national competent authorities. A provider should be under the jurisdiction of the Member State where its main establishment is located, that is, where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. In respect of providers that do not have an establishment in the Union but that offer services in the Union and therefore fall within the scope of this Regulation, the Member State where those providers appointed their legal representative should have jurisdiction, considering the function of legal representatives under this Regulation. In the interest of the effective application of this Regulation, all Member States should, however, have jurisdiction in respect of providers that failed to designate a legal representative, provided that the principle of ne bis in idem is respected. To that aim, each Member State that exercises jurisdiction in respect of such providers should, without undue delay, inform all other Member States of the measures they have taken in the exercise of that jurisdiction.
2021/07/08
Committee: IMCO
Amendment 542 #

2020/0361(COD)

Proposal for a regulation
Recital 78
(78) Member States should set out in their national law, in accordance with Union law and in particular this Regulation and the Charter, the detailed conditions and limits for the exercise of the investigatory and enforcement powers of their Digital Services Coordinators, and other competent authorities where relevant, under this Regulation. In order to ensure coherence between the Member States, the Commission should adopt guidance on the procedures and rules related to the powers of Digital Services Coordinators.
2021/07/08
Committee: IMCO
Amendment 549 #

2020/0361(COD)

Proposal for a regulation
Recital 85
(85) Where a Digital Services Coordinator requests another Digital Services Coordinator to take action, the requesting Digital Services Coordinator, or the Board in case it issued a recommendation to assess issues involving more than threefour Member States, should be able to refer the matter to the Commission in case of any disagreement as to the assessments or the measures taken or proposed or a failure to adopt any measures. TIf the Commission believes that the Digital Services Coordinator of establishment has not at least partially addressed the request or has not fully justified its decision to not address the request, the Commission, on the basis of the information made available by the concerned authorities, should accordingly be able to request the competent Digital Services Coordinator to re-assess the matter and take the necessary measures to ensure compliance within a defined time period. This possibility is without prejudice to the Commission’s general duty to oversee the application of, and where necessary enforce, Union law under the control of the Court of Justice of the European Union in accordance with the Treaties. A failure by the Digital Services Coordinator of establishment to take any measures pursuant to such a request may also lead to the Commission’s intervention under Section 3 of Chapter IV of this Regulation, where the suspected infringer is a very large online platform.
2021/07/08
Committee: IMCO
Amendment 557 #

2020/0361(COD)

Proposal for a regulation
Recital 88
(88) In order to ensure a consistent application of this Regulation, it is necessary to set up an independent advisory group at Union level and with legal personality, which should support the Commission and help coordinate the actions of Digital Services Coordinators. That European Board for Digital Services should consist of the Digital Services Coordinators, without prejudice to the possibility for Digital Services Coordinators to invite in its meetings or appoint ad hoc delegates from other competent authorities entrusted with specific tasks under this Regulation, where that is required pursuant to their national allocation of tasks and competences. In case of multiple participants from one Member State, the voting right should remain limited to one representative per Member Statethe Member State´s Digital Services Coordinator.
2021/07/08
Committee: IMCO
Amendment 578 #

2020/0361(COD)

Proposal for a regulation
Recital 97 a (new)
(97a) The Commission should ensure that it is independent and impartial in its decision making in regards to both Digital Services Coordinators and providers of services under this Regulation.
2021/07/08
Committee: IMCO
Amendment 585 #

2020/0361(COD)

Proposal for a regulation
Recital 99
(99) In particular, the Commission, where it can show grounds for believing that a very large online platform is not compliant with this Regulation, should have access to any relevant documents, data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information related to those concerns. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers.
2021/07/08
Committee: IMCO
Amendment 592 #

2020/0361(COD)

Proposal for a regulation
Recital 102
(102) In the interest of effectiveness and efficiency, in addition to the general evaluation of the Regulation, to be performed within five years of entry into force, after the initial start-up phase and on the basis of the first three years of application of this Regulation, the Commission should also perform an evaluation of the activities of the Board and on its structure. In addition, the Commission should carry out an assessment of any impact of the costs to European service providers of any similar requirements, including those of Article 11, introduced by third-party states and any new barriers to non-EU market access after the adoption of this Regulation. The Commission should also access the impact on the ability of European businesses and consumers to access and buy products and services from outside the Union.
2021/07/08
Committee: IMCO
Amendment 594 #

2020/0361(COD)

Proposal for a regulation
Recital 104
(104) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of criteria for identification of very large online platforms and of technical specifications for access requests. It is also equally important that when standardisation bodies are unable to agree the standards needed to implement this Regulation fully, that the Commission to choice to adopt delegated acts. It is of particular importance that the Commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 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.
2021/07/08
Committee: IMCO
Amendment 595 #

2020/0361(COD)

Proposal for a regulation
Recital 105 a (new)
(105a) This Regulation serves a horizontal framework to ensure the further strengthening and deepening the Digital Single Market and the internal market and therefore seeks to lay down rules and obligations which, unless specified, seek to be applicable to all providers without regards to individual models of operation. Individual models of operation are often addressed in different Union law regarded as lex specialis. In the case of any potential conflict between this Regulation and those Union acts, the principle of Lex specialis derogat legi generali should apply.
2021/07/08
Committee: IMCO
Amendment 608 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) set out uniform harmonised rules for a safe, predictable, accessible and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
2021/07/08
Committee: IMCO
Amendment 622 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation shall apply to intermediary services directed at and provided to recipients of the service that have their place of establishment or residence in the Union, irrespective of the place of establishment of the providers of those services.
2021/07/08
Committee: IMCO
Amendment 625 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point b
(b) Directive 2010/13/ECU as amended by Directive 2018/1808/EU;
2021/07/08
Committee: IMCO
Amendment 634 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point h
(h) Union law on consumer protection and product safety, including Regulation (EU) 2017/2394, Regulation (EU) 2019/1020 and Regulation XXX (General Product Safety Regulation);
2021/07/08
Committee: IMCO
Amendment 638 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)
(ia) Directive (EU) 2019/882
2021/07/08
Committee: IMCO
Amendment 642 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 a (new)
5a. The Commission shall by [within one year of the adoption of this Regulation] publish guidelines with regards to the relations between this Regulation and those legislative acts listed in Article 1(5). These guidelines shall clarify any potential conflicts between the conditions and obligations enlisted in these legislative acts and which act prevails where actions, in line with this Regulation, fulfil the obligations of another legislative act and which regulatory authority is competent.
2021/07/08
Committee: IMCO
Amendment 664 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 2
— the targeproactive directing of activities towards one or more Member States.
2021/07/08
Committee: IMCO
Amendment 667 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e
(e) ‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession, irrespective of the legality of those actions;
2021/07/08
Committee: IMCO
Amendment 673 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 1
— a ‘mere conduit’ service that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, including technical auxiliary functional services;
2021/07/08
Committee: IMCO
Amendment 695 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, with which it has a direct relationship stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of another service and, for objective and technical reasons cannot be used without that other service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation. For the purpose of this Regulation, cloud computing service shall not be considered to be an online platform in cases where allowing the dissemination of hyperlinks to a specific content constitutes a minor and ancillary feature.
2021/07/08
Committee: IMCO
Amendment 705 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
(ha) ‘cloud computing service’ means a digital service that enables access to a scalable and elastic pool of shareable computing resources;
2021/07/08
Committee: IMCO
Amendment 714 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
(ia) ‘online marketplace’ means an online platform which allows consumers to conclude distance contracts with traders on its platform;
2021/07/08
Committee: IMCO
Amendment 716 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k a (new)
(ka) ‘trusted flagger’ means an entity that has been nominated by a Digital Services Coordinator based on specific conditions to be authorised to issue priority notifications as to illegal content found on a platform.
2021/07/08
Committee: IMCO
Amendment 718 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether the person is incorporated or unincorporated and irrespective of whether the information is designed to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface normally against remuneration specifically for promoting that informationmessage;
2021/07/08
Committee: IMCO
Amendment 724 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities, either through automated or manual means, undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility, monetisation and accessibility of that illegal content or that information, such as demotion, disabling of access to, delisting, demonetisation or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
2021/07/08
Committee: IMCO
Amendment 738 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
(qa) ‘dark pattern’ means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision- making or choice.
2021/07/08
Committee: IMCO
Amendment 742 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
(qb) ‘persons with disabilities’ means persons with disabilities within the meaning of Article 3(1) of Directive (EU) 2019/882
2021/07/08
Committee: IMCO
Amendment 745 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q c (new)
(qc) ‘deep fake’ means a generated or manipulated image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful.
2021/07/08
Committee: IMCO
Amendment 752 #

2020/0361(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Where an information society 1. service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, the service provider shall not be liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient or more secure the information's onward transmission to other recipients of the service upon their request, on condition that:
2021/07/08
Committee: IMCO
Amendment 770 #

2020/0361(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with tradermarketplaces, where such an online platformmarketplace presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
2021/07/08
Committee: IMCO
Amendment 786 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, to enforce their terms and conditions in accordance with Article 12 or take the necessary measures to comply with the requirements of Union or national law, including those set out in this Regulation.
2021/07/08
Committee: IMCO
Amendment 793 #

2020/0361(COD)

Proposal for a regulation
Article 7 – paragraph 1
No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. This Regulation shall not prevent providers from offering end- to-end encrypted services. The provision of such services shall not constitute a reason for liability or for becoming ineligible for the exemptions from liability.
2021/07/08
Committee: IMCO
Amendment 806 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific individual item of illegal content, received from and issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
2021/07/08
Committee: IMCO
Amendment 809 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. If the provider cannot comply with the removal order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that has issued the order.
2021/07/08
Committee: IMCO
Amendment 810 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 b (new)
1b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that has issued the order and the provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter of Fundamental rights of the European Union, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.
2021/07/08
Committee: IMCO
Amendment 811 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 c (new)
1c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform, without undue delay, the Digital Services Coordinator of the Member State of the judicial or administrative authority issuing the order of its objection. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.
2021/07/08
Committee: IMCO
Amendment 812 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 d (new)
1d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.
2021/07/08
Committee: IMCO
Amendment 813 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 e (new)
1e. Paragraphs 1b and 1c shall not apply in the case of very large online platforms or where a content is manifestly illegal under Union law.
2021/07/08
Committee: IMCO
Amendment 819 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1 a (new)
— the identification of the issuing authority and the means to verify the authentication of the order;
2021/07/08
Committee: IMCO
Amendment 836 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider.
2021/07/08
Committee: IMCO
Amendment 840 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
(ca) the order is issued only where no other effective means are available to bring about the cessation or the prohibition of the infringement
2021/07/08
Committee: IMCO
Amendment 841 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c b (new)
(cb) where more than one provider of intermediary services is responsible for hosting the specific item, the order is issued to the most appropriate provider that has the technical and operational ability to act against the specific item.
2021/07/08
Committee: IMCO
Amendment 842 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders.
2021/07/08
Committee: IMCO
Amendment 843 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 b (new)
2b. Member States shall ensure that providers have a right to appeal and object to implementing the order and shall facilitate the use and access to that right.
2021/07/08
Committee: IMCO
Amendment 844 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 c (new)
2c. When an order to act against a specific individual item of illegal content is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.
2021/07/08
Committee: IMCO
Amendment 846 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 a (new)
Where upon receiving the copy of the order, at least three Digital Services Coordinators consider that the order violates Union or national law that is in conformity with Union law, including the Charter, they can object the enforcement of the order to the Board, based on a reasoned statement. Following recommendation of the Board, the Commission may decide whether the order is to be enforced.
2021/07/08
Committee: IMCO
Amendment 849 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law, including the Charter on Fundamental Rights. While acting in accordance with such laws, authorities shall not go beyond what is necessary in order to attain the objectives followed therein.
2021/07/08
Committee: IMCO
Amendment 862 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, received from and issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
2021/07/08
Committee: IMCO
Amendment 865 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1a. If the provider cannot comply with the information order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that issued the information order
2021/07/08
Committee: IMCO
Amendment 866 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 b (new)
1b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that issued the order and a provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.
2021/07/08
Committee: IMCO
Amendment 867 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 c (new)
1c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform of its objection, without undue delay, the Digital Services Coordinator from the Member State of the judicial or administrative authority issuing the order. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.
2021/07/08
Committee: IMCO
Amendment 868 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1 d (new)
1d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.
2021/07/08
Committee: IMCO
Amendment 870 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent -1 (new)
— the identification of the issuing authority and the means to verify the authentication of the order;
2021/07/08
Committee: IMCO
Amendment 879 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider;
2021/07/08
Committee: IMCO
Amendment 882 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
(ca) the order is issued only where no other effective means are available to receive the same specific item of information
2021/07/08
Committee: IMCO
Amendment 884 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders. It shall ensure that the form meats the standards set down in the Annex of [XXX the regulation on European Production and Preservation Orders for electronic evidence in criminal matters].
2021/07/08
Committee: IMCO
Amendment 885 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 b (new)
2b. When an order to provide a specific item of information about one or more specific individual recipients of the service is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.
2021/07/08
Committee: IMCO
Amendment 887 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law.
2021/07/08
Committee: IMCO
Amendment 891 #

2020/0361(COD)

Proposal for a regulation
Chapter III – title
Due diligence oObligations for a transparent, accessible and safe online environment
2021/07/08
Committee: IMCO
Amendment 894 #

2020/0361(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Waiver 1. Providers of intermediary services may apply to the Commission for a waiver from the requirements of Chapter III, proved that they are: (a) non-for-profit or equivalent and serve a manifestly positive role in the public interest; (b) micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC; or (c) a medium enterprises within the meaning of the Annex to Recommendation 2003/361/EC without any systemic risk related to illegal content. The Providers shall present justified reasons for their request. 2. The Commission shall examination such an application and, after consulting the Board, may issue a waiver in whole or in parts to the requirements of this Chapter. 3. Upon the request of the Board or the provider, or on its own initiative, the Commission may review a waiver issued and revoke the waiver in whole or in parts. 4. The Commission shall maintain a list of all waivers issued and their conditions and shall publish this list to the public. (This amendment should be placed between the Chapter Title and the Section title)
2021/07/08
Committee: IMCO
Amendment 896 #

2020/0361(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Conflict between Union Acts 1. Where any obligation set down in this Regulation can be viewed as equivalent with or superseded by an obligation within another Union act, in which a provider of intermediary services is also a subject, a provider of intermediary services may apply to the Commission for a waiver from such requirements or a declaration that it should be deemed as having complied with this Regulation, in whole or in parts. The provider shall present justified reasons for their request. 2. The Commission shall examine such an application and, after consulting the Board, may issue a waiver or declaration in whole or in parts to the requirements of this Regulation. 3. Upon the request of the Board or on its own initiative, the Commission may review a waiver or declaration issued and revoke the waiver or declaration in whole or in parts. 4. The Commission shall maintain a list of all waiver and declaration issued and their conditions and shall publish this list to the public.
2021/07/08
Committee: IMCO
Amendment 905 #

2020/0361(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a. Providers of intermediary services may establish the same single point of contact for this Regulation and another single point of contact as required under other Union law. When doing so, the provider shall inform the Commission of this decision.
2021/07/08
Committee: IMCO
Amendment 913 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shallmay designate, in writing, a legal or natural person to act as their legal representative in one of the Member States where the provider offers its services.
2021/07/08
Committee: IMCO
Amendment 914 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Where a provider of intermediary services chooses not to designate a legal representative, Article 40(3) shall apply.
2021/07/08
Committee: IMCO
Amendment 917 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Providers of intermediary services shall notify the name, address, the electronic mail address and telephone number of their legal representative to the Digital Service Coordinator in the Member State where that legal representative resides or is destablishignated. They shall ensure that that information is up to date.
2021/07/08
Committee: IMCO
Amendment 921 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 5 a (new)
5a. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC other than those which are either a very larger online platform or a marketplace.
2021/07/08
Committee: IMCO
Amendment 931 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used by the provider of the intermediary service for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible, machine-readable format.
2021/07/08
Committee: IMCO
Amendment 939 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objective and proportionatenon- arbitrary manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter and, where applicable, any community or other standards created by recipients of the service.
2021/07/08
Committee: IMCO
Amendment 949 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. Providers of intermediary services shall, when complying with the requirements of this Article, not be required to disclose algorithms or any information that, with reasonable certainty, would result in the enabling of deception of consumers or consumer harm through the manipulation of their services. This Article shall be without prejudice to Directive (EU) 2016/943.
2021/07/08
Committee: IMCO
Amendment 959 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 b (new)
2b. Providers of intermediary services shall refrain from any dark patterns or other techniques to encourage the acceptance of terms and conditions, including giving consent to sharing personal and non-personal data.
2021/07/08
Committee: IMCO
Amendment 963 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 c (new)
2c. Providers of intermediary services shall not require recipients of the service other than traders to make their legal identity public in order to use the service.
2021/07/08
Committee: IMCO
Amendment 964 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 d (new)
2d. For providers other than very large online platforms, nothing in this Regulation shall prevent a provider of intermediary services provider concerned from terminating the contractual relationship with its recipients without clause, in the situations provided for in the terms and conditions. Providers of a very large online platform shall issue a statement for the termination to the recipient, and the recipient shall have access to the internal complaint mechanism under Article 17 and the out- of-court mechanism under Article 18.
2021/07/08
Committee: IMCO
Amendment 967 #

2020/0361(COD)

Proposal for a regulation
Article 12 a (new)
Article 12a General Risk Assessment and Mitigation Measures 1. Providers of intermediary services shall identify, analyse and assess, at least once and at each significant revision of a service thereafter, the potential misuse or other risks stemming from the functioning and use made of their services in the Union. Such a general risk assessment shall be specific to their services and shall include at least risks related to the dissemination of illegal content through their services and any contents that might have a negative effect on potential recipients of the service, especially minors. 2. Providers of intermediary services which identify potential risks shall. wherever possible, attempt to put in place reasonable, proportionate and effective mitigation measures in line with their terms and conditions. 3. Where the identified risk relations to minor recipients of the service, without regard to if the minor is acting with respect to the terms and conditions, mitigation measures shall include, where needed and applicable: (a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure those prioritise the best interests of the minor; (b) adapting or removing system design features that expose or promote to minors to content, contact, conduct and contract risks; (c) ensuring the highest levels of privacy, safety, and security by design and default for users under the age of 16, including any profiling or use of data for commercial purposes; (d) if a service is targeted at minors, provide child-friendly mechanisms for remedy and redress, including easy access to expert advice and support. 4. Providers of intermediary services shall, upon request, explain to the Digital Services Coordinator of the Member State of establishment, how they undertook this risk assessment and what voluntary mitigation measures they undertook.
2021/07/08
Committee: IMCO
Amendment 972 #

2020/0361(COD)

Proposal for a regulation
Article 12 b (new)
Article 12b Fair consent choice screens 1. Providers of intermediary services that ask the recipients of their service for consent as required by Regulation (EU) 2016/679 to collect or process personal data concerning them shall ensure that the end user choice screens shown to that end are designed in a fair and neutral manner and do not in any way subvert or impair user autonomy, decision-making, or choice via the choice screens’ structure, function or manner of operation. In particular, providers shall refrain from: (a) giving more visual prominence to any of the consent options when asking the recipient of the service for a decision; (b) repeatedly requesting that a recipient of the service consents to data processing, regardless of the scope of purpose of such processing, especially by presenting a pop-up that interferes with user experience; (c) urging a recipient of the service to change any setting or configuration of the service after the person in question has already made her choice, including by the use of a technical standard in accordance with paragraph 3; (d) making the procedure of cancelling a service more cumbersome then signing up to it. 2. The Commission may adopt implementing acts to prescribe binding design aspects and functions of consent choice screens that fulfil the requirements of paragraph 1. 3. Providers of intermediary services shall accept the communication of consent choices made by the recipient of the service through automated means, including through standardised digital signals sent by the recipient’s software used to access the service such as web browsers and operating systems. 4. The Commission shall promote and facilitate the development of technical standards for the automated communication of consent choices through international and Union standardisation bodies. Where standardisation bodies fail to develop a workable technical standard, the Commission shall, not later than two years after entry into force of this Regulation, designate a binding technical standard for the purpose of paragraph 3.
2021/07/08
Committee: IMCO
Amendment 981 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) the number of orders received from Member States’ authorities, categorised by the type of illegal content concerned, including orders issued in accordance with Articles 8 and 9, and the average time needed to inform taking the action specified in thoshe authority issuing the order of its receipt and the effect given to the orders;
2021/07/08
Committee: IMCO
Amendment 983 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, the number of notices submitted by trusted flaggers, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action; Providers of intermediary services may add additional information as to the reasons for the average time for taking the action.
2021/07/08
Committee: IMCO
Amendment 1005 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.
2021/07/08
Committee: IMCO
Amendment 1010 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2 a (new)
2a. Where made available to the public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1023 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or non-governmental entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means and may include: (a) a clearly identifiable banner or single reporting button, allowing the users of those services to notify quickly and easily the providers of hosting services; (b) providing information to the users on what is considered illegal content under Union and national law; (c) providing information to the users on available national public tools to signal illegal content to the competent authorities in Member States were the service is directed.
2021/07/08
Committee: IMCO
Amendment 1052 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point d
(d) a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete to the best available knowledge.
2021/07/08
Committee: IMCO
Amendment 1057 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. NAdequately substantiated notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Arn obligation to investigate the notice in an effective and timely manner. If a provider is unable to determine if a noticle 5 in respect of the specific item of information concernedis valid, a provider may ask the Digital Service Coordinator or other national administrative bodies for an opinion before removing or disabling the content.
2021/07/08
Committee: IMCO
Amendment 1075 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-discriminatory and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
2021/07/08
Committee: IMCO
Amendment 1093 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or, removing or disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient on a durable medium, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
2021/07/08
Committee: IMCO
Amendment 1104 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of, the information and, where relevant, the territorial scope of the disabling of access; or the restriction;
2021/07/08
Committee: IMCO
Amendment 1119 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Providers of hosting services shall publish at least annually the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal data.
2021/07/08
Committee: IMCO
Amendment 1141 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.
2021/07/08
Committee: IMCO
Amendment 1154 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
2021/07/08
Committee: IMCO
Amendment 1169 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to restrict the ability to monetize content provided by the recipients.
2021/07/08
Committee: IMCO
Amendment 1201 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 2 and established in the Member State of the provider or the Member State of the recipient, in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
2021/07/08
Committee: IMCO
Amendment 1207 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
1a. Where a recipient seeks a resolved to multiple complaints, either party may request that the out-of-court dispute settlement body treats and resolves these complaints in a single dispute decision.
2021/07/08
Committee: IMCO
Amendment 1225 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
2021/07/08
Committee: IMCO
Amendment 1234 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities and cost-effective manner and in at least one official language of the Union;
2021/07/08
Committee: IMCO
Amendment 1248 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, and the body does not find the recipient acted in bad faith in the dispute, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
2021/07/08
Committee: IMCO
Amendment 1274 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform, law enforcement, or other government or relevant commercial entity;
2021/07/08
Committee: IMCO
Amendment 1285 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
(ca) it has a transparent funding structure, including publishing the sources and amounts of all revenue annually
2021/07/08
Committee: IMCO
Amendment 1286 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c b (new)
(cb) it is not already a trusted flagger in another Member State.
2021/07/08
Committee: IMCO
Amendment 1287 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c c (new)
(cc) it publishes, at least once a year, clear, easily comprehensible and detailed reports on any notices submitted in accordance with Article 14 during the relevant period. The report shall list notices categorised by the identity of the hosting service provider, the type of alleged illegal or terms and conditions violating content concerned, and what action was taken by the provider. In addition, the report shall identify relationships between the trusted flagger and any online platform, law enforcement, or other government or relevant commercial entity, and explain the means by which the trusted flagger maintains its independence.
2021/07/08
Committee: IMCO
Amendment 1288 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1 a (new)
By way of derogation from point (b), a public entity may be awarded with the status of trusted flagger for non- intellectual property right related actions.
2021/07/08
Committee: IMCO
Amendment 1289 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2a. Online platforms may treat other third parties considered by the provider to have particular expertise and responsibilities for the purposes of tackling illegal content online as equal to a trusted flagger as to the mechanisms referred to Article 14. The conditions for granting such treatment shall be clearly set out and objective and shall be communicated to the Digital Services Coordinator of establishment. The names of such third parties shall be published in a clear and easily findable manner.
2021/07/08
Committee: IMCO
Amendment 1309 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received byfrom third parties, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
2021/07/08
Committee: IMCO
Amendment 1312 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. The Commission, after consulting the Board, shall issue guidance as to how to apply and demonstrate the conditions of paragraph 2 and may issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 5 and 6.
2021/07/08
Committee: IMCO
Amendment 1317 #

2020/0361(COD)

Proposal for a regulation
Article 19 a (new)
Article 19a Accessibility requirements for online platforms 1. Providers of online platforms which offer services in the Union shall ensure that they design and provide services in accordance with the accessibility requirements set out in Section III, Section IV, Section VI, and Section VII of Annex I of Directive (EU) 2019/882. 2. Providers of online platforms shall prepare the necessary information in accordance with Annex V of Directive (EU) 2019/882 and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with disabilities. Providers of online platforms shall keep that information for as long as the service is in operation. 3. Providers of online platforms shall ensure that information, forms and measures provided pursuant to this Regulation are made available in a manner that they are easy to find and accessible to persons with disabilities. 4. Providers of online platforms which offer services in the Union shall ensure that procedures are in place so that the provision of services remains in conformity with the applicable accessibility requirements. Changes in the characteristics of the provision of the service, changes in applicable accessibility requirements and changes in the harmonised standards or in technical specifications by reference to which a service is declared to meet the accessibility requirements shall be adequately taken into account by the provider of intermediary services. 5. In the case of non-conformity, providers of online platforms shall take the corrective measures necessary to bring the service into conformity with the applicable accessibility requirements. 6. Provider of online platforms shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the applicable accessibility requirements. They shall cooperate with that authority, at the request of that authority, on any action taken to bring the service into compliance with those requirements. 7. Online platforms which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those standards or parts thereof cover those requirements. 8. Online platforms which are in conformity with the technical specifications or parts thereof adopted for the Directive (EU) 2019/882 shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those technical specifications or parts thereof cover those requirements.
2021/07/08
Committee: IMCO
Amendment 1322 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and where proportionate after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
2021/07/08
Committee: IMCO
Amendment 1338 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d
(d) the intention of the recipient, individual, entity or complainant., including whether submissions were made in bad faith;
2021/07/08
Committee: IMCO
Amendment 1340 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d a (new)
(da) whether a notice was submitted by an individual user or by an entity or persons with specific expertise related to the content in question;
2021/07/08
Committee: IMCO
Amendment 1344 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d b (new)
(db) the manner of how notices have been submitted, including by automated means.
2021/07/08
Committee: IMCO
Amendment 1345 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 a (new)
3a. Suspensions referred to in paragraphs 1 and 2 may be declared permanent where (a) compelling reasons of law or public policy, including ongoing criminal investigations, justify avoiding or postponing notice to the recipient; (b) the items removed were components of high-volume campaigns to deceive users or manipulate platform content moderation efforts; or (c) the items removed were related to content covered by [Directive 2011/93/EU updated reference] or [Directive (EU) 2017/541 or Regulation (EU) 2021/784 of the European Parliament and of the Council.
2021/07/08
Committee: IMCO
Amendment 1355 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Where an online platform becomes aware of anyexact information giving rise to a suspicion that a serious criminal offence involving an imminent threat to the life or safety of persons has taken place, is taking place or is likelyplanned to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide al, upon their request, any additional relevant information available.
2021/07/08
Committee: IMCO
Amendment 1363 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2a. Unless instructed otherwise by the informed authority, the provider shall remove or disable the content. It shall store all content and related data for at least six months.
2021/07/08
Committee: IMCO
Amendment 1364 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 b (new)
2b. Information obtained by a law enforcement or judicial authority of a Member State in accordance with paragraph 1 shall not be used for any purpose other than those directly related to the individual serious criminal offence notified.
2021/07/08
Committee: IMCO
Amendment 1365 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 c (new)
2c. The Commission shall adopt an implementing act setting down a template for notifications under paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1366 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 d (new)
2d. Where a notification of suspicions of criminal offences includes information which may be seen as potential electronic information in criminal proceedings, Regulation XXX [E-evidence] shall apply.
2021/07/08
Committee: IMCO
Amendment 1368 #

2020/0361(COD)

Proposal for a regulation
Article 22 – title
Traceability of traders on online Marketplaces
2021/07/08
Committee: IMCO
Amendment 1375 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, itProviders of online marketplaces shall ensure that traders can only use itstheir services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of itstheir services for those purposes, the online platformmarketplace has obtained the following information from traders, where applicable:
2021/07/08
Committee: IMCO
Amendment 1385 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bankpayment account details of the trader, where the trader is a natural person;
2021/07/08
Committee: IMCO
Amendment 1389 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning of established in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation] or any relevant act of Union law; __________________ 51Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
2021/07/08
Committee: IMCO
Amendment 1400 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 a (new)
1a. Providers of online marketplaces shall require traders to provide the information referred to in points (a) and (e) immediately upon initial registration for its services. Traders shall be required to provide any supplementary material relating to the information requirements set out in Article 22(1) within a reasonable period, no later than before offering of products and services to consumer.
2021/07/08
Committee: IMCO
Amendment 1406 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platformproviders of online marketplaces shall, upon receiving that information, make reasonablebest efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliablaccurate through the use of any freely accessible official online database or online interface made available by an authorised administrator or a Member States or the Union or through direct requests to the trader to provide supporting documents from reliable sources.
2021/07/08
Committee: IMCO
Amendment 1416 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Where the online platform obtainsproviders of online marketplaces obtains sufficient indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platformmarketplace shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
2021/07/08
Committee: IMCO
Amendment 1419 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Where the trader fails to correct or complete that information, the online platformmarketplace shall suspend the provision of its service to the trader in relations to the offering of products or services to consumers located in the Union until the request is fully complied with.
2021/07/08
Committee: IMCO
Amendment 1425 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 a (new)
3a. The providers of online marketplaces shall ensure that traders are given the ability to discuss any information viewed as inaccurate or incomplete directly with a trader before any suspension of services. This may take the form of the internal complaint- handling system under Article 17.
2021/07/08
Committee: IMCO
Amendment 1427 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 b (new)
3b. If an online marketplace rejects an application for services or suspends services to a trader, the trader shall have recourse to the systems under Article 17 and Article 43 of this Regulation.
2021/07/08
Committee: IMCO
Amendment 1429 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 c (new)
3c. Traders shall be solely liable for the accuracy of the information provided and shall inform without delay the online marketplace of any changes to the information provided.
2021/07/08
Committee: IMCO
Amendment 1432 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The online platformmarketplace shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information no later than six months after the final conclusion of a distance contract.
2021/07/08
Committee: IMCO
Amendment 1439 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformonline marketplace shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.
2021/07/08
Committee: IMCO
Amendment 1448 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7
7. The online platform shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.deleted
2021/07/08
Committee: IMCO
Amendment 1462 #

2020/0361(COD)

Proposal for a regulation
Article 22 a (new)
Article 22a Compliance by design 1. Providers of online marketplaces shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law. 2. The online interface shall allow traders to provide at least the information necessary for the unequivocal identification of the products or the services offered, and, where applicable, the information concerning the labelling in compliance with rules of applicable Union law on product safety and product compliance. 3. This Article is without prejudice to additional requirements under other Union acts, including the [General Product Safety Regulation] and [Market Surveillance Regulation]
2021/07/08
Committee: IMCO
Amendment 1466 #

2020/0361(COD)

Proposal for a regulation
Article 22 b (new)
Article 22b Right to information 1. Where a provider of an online marketplace becomes aware, irrespective of the means used to, of the illegal nature of a product or service offered through its services, it shall inform, wherever possible, those recipients of the service that had acquired such product or contracted such service during the last six months about the illegality, the identity of the trader and any means of redress. 2. Where the provider of the online marketplace does not have the contact details of the recipients of the service referred to in paragraph 1, the provider shall make publicly available and easily accessible on their online interface the information concerning the illegal products or services removed, the identity of the trader and any means of redress.
2021/07/08
Committee: IMCO
Amendment 1479 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The Commission mayshall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1480 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 4 a (new)
4a. Where published to the general public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1494 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point c
(c) clear, meaningful and uniform information about the main parameters used to determine the recipient to whom the advertisement is displayed and the logic involved.
2021/07/08
Committee: IMCO
Amendment 1506 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
Without prejudice to other Union acts, online platforms that display user- generated content that may include sponsored information or other information equivalent to advertising, which is normally provided against remuneration, shall including in their terms and conditions an obligation for the recipients of their service to inform other recipients of when they have received remuneration or any other goods in kind for their content. A failure to inform the platform or other recipients shall constitute a violation of the provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1537 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1 a (new)
Such a methodology shall ensure the following in relations to active recipients: (1) automated interactions, accounts or data scans by a non-human (“bots”) are not included; (2) that the mere viewing of a service without purchase, logging in or otherwise active identification of a recipient shall not be seen as an active recipient; (3) that the number shall be based on each service individually; (4) that recipients connected on multiple devices are counted only once; (5) that indirect use of service, via a third party or linking, shall not be counted; (6) where an online platform is hosted by another provider of intermediary services, that the active recipients are assigned solely to the online platform closest to the recipient; (7) the average number is maintained for a period of at least six months.
2021/07/08
Committee: IMCO
Amendment 1556 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point a
(a) the dissemination of illegal content and content that is in breach of their terms and conditions through their services;,
2021/07/08
Committee: IMCO
Amendment 1565 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of any of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
2021/07/08
Committee: IMCO
Amendment 1576 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
2021/07/08
Committee: IMCO
Amendment 1590 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how and whether their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1602 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measureseasures to mitigate the probability and severity of any, tailored to address the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
2021/07/08
Committee: IMCO
Amendment 1612 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;
2021/07/08
Committee: IMCO
Amendment 1613 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide or the alternative placement and display of public service advertisements or other related factual information;
2021/07/08
Committee: IMCO
Amendment 1625 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 a (new)
1a. Very large online platforms shall, where appropriate, conduct their risk assessments referred in Article 26 and design their risk mitigation measures with the involvement of representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations. Where no such involvement is taken, this shall be made clear in the transparency report referred to in Article 33.
2021/07/08
Committee: IMCO
Amendment 1641 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 a (new)
The reports of the Board shall include information both broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union.
2021/07/08
Committee: IMCO
Amendment 1649 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 3 a (new)
3a. The requirement to put in place mitigation measures shall not require an obligation to impose general monitoring or active fact-finding obligations.
2021/07/08
Committee: IMCO
Amendment 1653 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. Very large online platforms shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:
2021/07/08
Committee: IMCO
Amendment 1677 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)
(fa) a description of specific elements that could not be audited, and an explanation of why these could not be audited;
2021/07/08
Committee: IMCO
Amendment 1679 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f b (new)
(fb) where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such conclusion.
2021/07/08
Committee: IMCO
Amendment 1685 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 4 b (new)
4b. Where an audit report contains information that could be misused in order to harm the security and privacy of receptions of the platform, the very large online platform may request from the Commission that such information is removed or summarised in any public version of the audit report. The Commission shall consider any such requests and may grant such a request if deemed merited.
2021/07/08
Committee: IMCO
Amendment 1691 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached and easily found from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
2021/07/08
Committee: IMCO
Amendment 1695 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 a (new)
This duty is without prejudice to any trade secrets regarding the underlying algorithms. Very large online platforms are not required to disclose any information which could easily be used to manipulate search results to the detriment of customers and other end users.
2021/07/08
Committee: IMCO
Amendment 1710 #

2020/0361(COD)

Proposal for a regulation
Article 30 – title
Additional transparency for online advertising transparencyand "deep fakes" audiovisual media
2021/07/08
Committee: IMCO
Amendment 1725 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point c a (new)
(ca) the natural or legal person or group who paid for the advertisement;
2021/07/08
Committee: IMCO
Amendment 1740 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. The Board shall, after consulting with trusted flaggers and vetted researchers, publish guidelines on the structure and organisation of repositories created pursuant to paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1743 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 b (new)
2b. Where a very large online platform becomes aware that a piece of content is a deep fake, the provider shall label the content in a way that informs that the content is inauthentic and that is clearly visible for the recipient of the services.
2021/07/08
Committee: IMCO
Amendment 1745 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 c (new)
2c. The very large online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their data for each specific advertisement displayed to the data subject on the platform, in particular: (a) to withdraw consent or to object to processing; (b) to obtain access to the data concerning the data subject; (c) to obtain rectification of inaccurate data concerning the data subject; (d) to obtain erasure of data without undue delay. Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a) to (d) have been enclosed.
2021/07/08
Committee: IMCO
Amendment 1748 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 d (new)
2d. Where a recipient exercises any of the rights referred to points (a), (c) or(d) in paragraph 2c, the online platform must without undue delay cease displaying advertisements using the personal data concerned or using parameters which were set using this data.
2021/07/08
Committee: IMCO
Amendment 1749 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 e (new)
2e. Very large online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request and obtain information on where their advertisements have been placed; (b) can request and obtain information on which broker treated their data;
2021/07/08
Committee: IMCO
Amendment 1787 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 a (new)
7a. Digital Service Coordinators and the Commission shall, once a year, report the following information: (a) the number of requests made to them as referred to in paragraphs 1 and 2; (b) the number of such requests that have been declined or withdrawn by the Digital Service Coordinator or the Commission and the reasons for which they have been declined or withdrawn, including following a request to the Digital Service Coordinator or the Commission from a very large online platform to amend a request as referred to in paragraphs 1 and 2.
2021/07/08
Committee: IMCO
Amendment 1799 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 a (new)
Such reports shall include content moderation information separated and presented for each Member State in which the services are offered and for the Union as a whole. The reports shall be published in at least one of the official languages of the Member States of the Union in which services are offered.
2021/07/08
Committee: IMCO
Amendment 1827 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
(fa) accessibility of elements and functions of online platforms and digital services for persons with disabilities aiming at consistency and coherence with existing harmonised accessibility requirements when these elements and functions are not already covered by existing harmonised European standards
2021/07/08
Committee: IMCO
Amendment 1840 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 2 a (new)
2a. Where any of the standards under paragraph 1 have not been adopted by [24 months of the entry into force of this regulation], the Commission may adopt a delegated act in accordance with Article 69 to set down rules, guidelines or a template for the harmonised application of the applicable articles. Once a standard has been established, the Commission shall cease work on or withdraw its delegated act if already adopted.
2021/07/08
Committee: IMCO
Amendment 1856 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission mayshall invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
2021/07/08
Committee: IMCO
Amendment 1860 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2 a (new)
2a. With the exception of actions under Article 27 (1e), providers of intermediary services shall not be required to subscribe to such codes of conduct other than on a voluntary basis and may withdraw its agreement at any time.
2021/07/08
Committee: IMCO
Amendment 1868 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly as needed to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
2021/07/08
Committee: IMCO
Amendment 1874 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 5
5. The Board shall regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain. In case of systematic and repetitive failure to comply with the Codes of Conduct, the Board shall as a measure of last resort take a decision to temporary suspend or definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.
2021/07/08
Committee: IMCO
Amendment 1882 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency infor all actors in the online advertising value chain, beyond the requirements of Articles 24 and 30.
2021/07/08
Committee: IMCO
Amendment 1889 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 3
3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date. The Commission shall evaluate the application of those codes three years after the application of this Regulation.
2021/07/08
Committee: IMCO
Amendment 1892 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 3 a (new)
3a. The Commission shall encourage all the actors in the online advertising eco-system to endorse and comply with the commitments stated in the codes of conduct.
2021/07/08
Committee: IMCO
Amendment 1918 #

2020/0361(COD)

Proposal for a regulation
Article 38 – paragraph 4 a (new)
4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.
2021/07/08
Committee: IMCO
Amendment 1935 #

2020/0361(COD)

Proposal for a regulation
Article 40 – paragraph 3 a (new)
3a. Paragraph 3 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms. Such enterprises shall be deemed to be under the jurisdiction of the Member State where their point of contact resides or is established. Where no point of contract is established or resides in a Member State, paragraph 3 shall apply.
2021/07/08
Committee: IMCO
Amendment 1955 #

2020/0361(COD)

Proposal for a regulation
Article 41 – paragraph 6 a (new)
6a. The Commission shall publish guidelines by [six months after adoption] on the powers and procedures of the Digital Services Coordinators. Member States shall follow these guidelines or explain otherwise to the Commission.
2021/07/08
Committee: IMCO
Amendment 1963 #

2020/0361(COD)

Proposal for a regulation
Article 42 a (new)
Article 42a General conditions for imposing penalties 1. Before penalties are issued under Article 42, when deciding whether to impose a penalty and deciding on the amount of the penalty in each individual case due regard shall be given to the following: (a) the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of recipients affected and the level of damage suffered by them; (b) the intentional or negligent character of the infringement; (c) any action taken by the provider to mitigate the damage of the infringement; (d) the degree of responsibility of the provider taking into account any other providers involved; (e) any relevant previous infringements by the provider; (f) the degree of cooperation with the Digital Services Coordinator(s),in order to remedy the infringement and mitigate the possible adverse effects of the infringement; (g) the manner in which the infringement became known to the Member State; (h) where infringement have previously been ordered against the provider concerned with regard to the same subject-matter, compliance with those measures; (i) adherence to approved codes of conduct pursuant to Article35 and 36; and (k) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement. 2. If a provider infringes several provisions of this Regulation, the total amount of the penalty shall not exceed the amount specified in Article 42 (3). 3. The exercise by a Member State of its powers under this Article and Article 42 shall be subject to appropriate procedural safeguards in accordance with Union and Member State law, including effective judicial remedy and due process.
2021/07/08
Committee: IMCO
Amendment 1987 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Where the Board has reasons to suspect that a provider of intermediary services infringed this Regulation in a manner involving at least threefour Member States, it may recommend the Digital Services Coordinator of establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.
2021/07/08
Committee: IMCO
Amendment 1993 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 2 a (new)
2a. A request or recommendation pursuant to paragraph 1 shall be at the same time as it is communicated to the Digital Services Coordinator of establishment be transmitted to the Commission. Where the Commission believes that the request or recommendation is unmerited or where the Commission is currently taking action on the same substantial matter, the Commission can ask for the request or recommendation to be withdrawn.
2021/07/08
Committee: IMCO
Amendment 2030 #

2020/0361(COD)

Proposal for a regulation
Article 47 – paragraph 1
1. An independent advisory group of Digital Services Coordinators on the supervision of providers of intermediary services named ‘European Board for Digital Services’ (the ‘Board’) is established and shall have legal personality.
2021/07/08
Committee: IMCO
Amendment 2049 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 1
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator shallmay participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. Member State has more than one representative present, solely the final word of the Digital Services Coordinator shall be taken as the position of the Member State in question.
2021/07/08
Committee: IMCO
Amendment 2054 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1 a (new)
Where a Member State has more than one representative present, solely the Digital Services Coordinator shall be able to vote.
2021/07/08
Committee: IMCO
Amendment 2067 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 5 a (new)
5a. The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall make the results of the consultation procedure publicly available.
2021/07/08
Committee: IMCO
Amendment 2070 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 6
6. The Board shall adopt its rules of procedure by a two-thirds majority of its members, following the consent of the Commission.
2021/07/08
Committee: IMCO
Amendment 2092 #

2020/0361(COD)

Proposal for a regulation
Article 49 a (new)
Article 49a Reports 1. The Board shall draw up an annual report regarding its actions. The report shall be made public and be transmitted to the European Parliament, to the Council and to the Commission in all official languages of the Member States. 2. The annual report shall include, among other information, a review of the practical application of the opinions, guidelines, recommendations advice and any other measures taken under Article 49(1).
2021/07/08
Committee: IMCO
Amendment 2140 #

2020/0361(COD)

Proposal for a regulation
Article 51 a (new)
Article 51a Requirements for the Commission 1. The Commission shall perform its tasks under this Regulation in an impartial, transparent and timely manner. The Commission shall ensure that its units given responsibility for this regulation have the adequate technical, financial and human resources to carry out their tasks. 2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Commission shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek nor take instructions from any other public authority or any private party.
2021/07/08
Committee: IMCO
Amendment 2223 #

2020/0361(COD)

Proposal for a regulation
Article 59 – paragraph 4
4. In fixing the amount of the fine, the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement, any fines issued under Article 42 and need to avoid double sanctioning the same infringement and, for fines imposed pursuant to paragraph 2, the delay caused to the proceedings.
2021/07/08
Committee: IMCO
Amendment 2282 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 2
2. The delegation of power referred to in Articles 23, 25, 31 and 314 shall be conferred on the Commission for an indeterminate period of time from [date of expected adoption of the Regulation].
2021/07/08
Committee: IMCO
Amendment 2284 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 3
3. The delegation of power referred to in Articles 23, 25, 31 and 314 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2021/07/08
Committee: IMCO
Amendment 2292 #

2020/0361(COD)

Proposal for a regulation
Article 73 – paragraph 4 a (new)
4a. By three years from the date of application of this Regulation at the latest, the Commission shall carry out an assessment of any impact of the costs to European service providers of any similar requirements, including those of Article 11, introduced by third-party states and any new barriers to non-EU market access after the adoption of this Regulation. The Commission shall also access the impact on the ability of European businesses and consumers to access and buy products and services from outside the Union.
2021/07/08
Committee: IMCO
Amendment 139 #

2020/0360(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) To enable sector integration, to acknowledge changes in consumer behaviour and to increase demand for green transport, charging infrastructure for electric vehicles should be eligible for the PCI Status;
2021/04/22
Committee: ITRE
Amendment 142 #

2020/0360(COD)

Proposal for a regulation
Recital 13
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach in policy and beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick-start an economy of scale.
2021/04/22
Committee: ITRE
Amendment 153 #

2020/0360(COD)

Proposal for a regulation
Recital 15 a (new)
(15 a) Moreover, a focus should equally be laid on flexibility and energy storage solutions to support investments that allow for the stability of the grid and enable further integration of renewable energy sources; energy storage will be a crucial feature of the power grid given the volatile nature of renewable energy sources on the one hand and our need for grid stability and security of supply on the other;
2021/04/22
Committee: ITRE
Amendment 155 #

2020/0360(COD)

Proposal for a regulation
Recital 15 a (new)
(15 a) Moreover, a new infrastructure category shall be introduced for network components contributing to operational safety and ancillary services to support investments that allow for the stability of the grid, power and voltage quality while enabling further integration of renewable energy sources.
2021/04/22
Committee: ITRE
Amendment 157 #

2020/0360(COD)

Proposal for a regulation
Recital 15 b (new)
(15 b) Moreover, a new infrastructure category should be created for district heating and cooling systems.
2021/04/22
Committee: ITRE
Amendment 183 #

2020/0360(COD)

Proposal for a regulation
Recital 22
(22) To ensure voltage and frequency stability, particular attention should be given to the stability of the European electricity network under the changing conditions, for instance through exploring all possible sustainable energy storage solutions, especially in view of the growing share of renewable electricity.
2021/04/22
Committee: ITRE
Amendment 195 #

2020/0360(COD)

Proposal for a regulation
Recital 27
(27) Projects of common interest should be implemented as quickly as possible and should be closely monitored and evaluated, while keeping the administrative burden for project promoters to a minimum. The Commission should nominate European coordinators for projects facing particular difficulties or delays. The progress in the implementation of the specific projects as well as the fulfilment of the obligations pertaining to this Regulation should be taken into account in the selection process for subsequent Union lists for the respective projects.
2021/04/22
Committee: ITRE
Amendment 199 #

2020/0360(COD)

Proposal for a regulation
Recital 33
(33) In order to simplify and expedite the permitting process for offshore grids for renewable energy, the Member States around a particular sea basin should endevour to harmonise the relevant legislation and procedures and create one unique points of contact, referred to as an ‘offshore one-stop shop’, in view of regional specificities and geography, for the for facilitating, integrating and coordinating the process of granting of permits toall permit granting procedures of such projects. Moreover, the establishment of a one-stop shop per sea basin for offshore grids for renewable energy should reduce complexity, increase efficiency and speed up the permitting process of offshore transmission assets often crossing many jurisdictions. It shall issue comprehensive decisions for these projects on behalf of the relevant national Member States in a coordinated, collaborative or integrated manner.
2021/04/22
Committee: ITRE
Amendment 208 #

2020/0360(COD)

Proposal for a regulation
Recital 40 a (new)
(40 a) The needs of an integrated energy market will go beyond a physical cross- border footprint of infrastructure projects in order to contribute to the TEN-E pillars, such as sustainability or security of supply. There will be an equal a need for cross-border and local projects that will have a positive effect on the Union's power grid, such as electrolysers, district heating and cooling networks or storage infrastructure of a certain capacity and ability to be replicable in more than one Member State.
2021/04/22
Committee: ITRE
Amendment 258 #

2020/0360(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) ‘smart electricity grid’ means an electricity network where the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, energy storage, consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure way;
2021/04/22
Committee: ITRE
Amendment 265 #

2020/0360(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ’low carbon gas’ means gases such as biogas, biomethane, and hydrogen with the lifecycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council
2021/04/22
Committee: ITRE
Amendment 282 #

2020/0360(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) To enable sector integration, to acknowledge changes in consumer behaviour and to increase demand for green transport, charging infrastructure for electric vehicles should be eligible for the PCI Status.
2021/05/04
Committee: ENVI
Amendment 289 #

2020/0360(COD)

Proposal for a regulation
Recital 13
(13) The Commission’s communication on energy system integration underlines the need for integrated energy infrastructure planning across energy carriers, infrastructures, and consumption sectors. Such system integration starts from the point of departure of applying the energy efficiency first principle and taking a holistic approach in policy and beyond individual sectors. It also addresses the decarbonisation needs of the hard to abate sectors, such as parts of industry or certain modes of transport, where direct electrification is, currently, technically or economically challenging. Such investments include hydrogen and electrolysers, which are progressing towards commercial large-scale deployment. The Commission’s Hydrogen Strategy gives priority to hydrogen production from renewable electricity, which is the cleanest solution and is most compatible with the EU climate neutrality objective. In a transitional phase however, other forms of low-carbon hydrogen are needed to more rapidly replace existing hydrogen and kick-start an economy of scale.
2021/05/04
Committee: ENVI
Amendment 309 #

2020/0360(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) Moreover, a new infrastructure category shall be introduced for network components contributing to operational safety and ancillary services to support investments that allow for the stability of the grid, power and voltage quality while enabling further integration of renewable energy sources.
2021/05/04
Committee: ENVI
Amendment 310 #

2020/0360(COD)

Proposal for a regulation
Recital 15 b (new)
(15b) Moreover, a new infrastructure category should be created for district heating and cooling systems.
2021/05/04
Committee: ENVI
Amendment 313 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii
(ii) is located on the territory of one Member State and has a significantpositive cross- border impacteffect or is replicable as set out in point (1) of Annex IV, whereas ‘replicable’ requires both knowledge sharing and knowledge transfer of at least two Member States or regions. The replicability of a project shall contribute to, amongst others, decarbonisation, the energy efficiency first principle, increase of the share of renewable energies or improvement of sector integration.
2021/04/22
Committee: ITRE
Amendment 347 #

2020/0360(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) Moreover, a focus should equally be laid on flexibility and energy storage solutions to support investments that allow for the stability of the grid and enable further integration of renewable energy sources. District heating and cooling along with energy storage, which fully adheres to the energy efficiency first principle, will be crucial features of the power grid given the volatile nature of renewable energy sources on the one hand and our need for grid stability and security of supply on the other.
2021/05/04
Committee: ENVI
Amendment 350 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point a – point i
(i) market integration, including through lifting the isolation of at least one Member State and, reducing energy infrastructure bottlenecks; competition and system flexibility; and reinvestments in existing infrastructure, necessary to maintain current levels of system integration;
2021/04/22
Committee: ITRE
Amendment 356 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b – introductory part
(b) for smart electricity grid projects and network components falling under the energy infrastructure category set out in point (1)(d) and (1)(e) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid, and at least two of the following specific criteria:
2021/04/22
Committee: ITRE
Amendment 361 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b – point ii
(ii) market integration, including through efficient system operation and, use of interconnectors; and reinvestments in existing infrastructure; necessary to maintain operational conditions;
2021/04/22
Committee: ITRE
Amendment 363 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b – point iii a (new)
(iii a) sector integration, through the improvement of the interaction of different energy vectors or energy sectors, for instance through the increase of synergies in adjacent sectors, such as transport and mobility;
2021/04/22
Committee: ITRE
Amendment 363 #

2020/0360(COD)

Proposal for a regulation
Recital 27
(27) Projects of common interest should be implemented as quickly as possible and should be closely monitored and evaluated, while keeping the administrative burden for project promoters to a minimum. The Commission should nominate European coordinators for projects facing particular difficulties or delays. The progress in the implementation of the specific projects as well as the fulfilment of the obligations pertaining to this Regulation should be taken into account in the selection process for subsequent Union lists for the respective projects.
2021/05/04
Committee: ENVI
Amendment 368 #

2020/0360(COD)

Proposal for a regulation
Recital 33
(33) In order to simplify and expedite the permitting process for offshore grids for renewable energy, the Member States around a particular sea basin should endeavour to harmonise the relevant legislation and procedures and create one unique points of contact, referred to as an ‘offshore one-stop shop’, in view of regional specificities and geography, for the for facilitating, integrating and coordinating the process of granting of permits toall permit granting procedures of such projects. Moreover, the establishment of a one-stop shop per sea basin for offshore grids for renewable energy should reduce complexity, increase efficiency and speed up the permitting process of offshore transmission assets often crossing many jurisdictions. It shall issue comprehensive decisions for these projects on behalf of the relevant national Member States in a coordinated, collaborative or integrated manner.
2021/05/04
Committee: ENVI
Amendment 374 #

2020/0360(COD)

Proposal for a regulation
Recital 40 a (new)
(40a) An increasingly integrated energy market will also change the need for a physical cross-border footprint of infrastructure projects as a prerequisite to contribute to the TEN-E pillars, such as sustainability or security of supply. While there will still be a need for cross-border infrastructure, there will also be a need for local projects that have a positive effect on the Union's power grid as a whole, such as electrolysers, district heating and cooling networks or energy storage infrastructure of a certain capacity and ability to be replicable in more than one Member State.
2021/05/04
Committee: ENVI
Amendment 418 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point f a (new)
(f a) for district heating and cooling networks falling under the energy infrastructure category set out in point [6 new] of Annex II the project is to contribute significantly to sustainability and to reaching the climate targets 2030 as well as climate neutrality 2050 through a reduction of greenhouse gas emissions as well as an increase of the share of renewable energy in the heating and cooling sector, as well as a better integration and interlinking of the sectors.
2021/04/22
Committee: ITRE
Amendment 419 #

2020/0360(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) ‘smart electricity grid’ means an electricity network where the grid operator can digitally monitor the actions of the users connected to it, and information and communication technologies (ICT) for communicating with related grid operators, generators, energy storage units, consumers and/or prosumers, with a view to transmitting electricity in a sustainable, cost-efficient and secure way;
2021/05/04
Committee: ENVI
Amendment 460 #

2020/0360(COD)

Proposal for a regulation
Article 8 – paragraph 6
6. By [31 July 2022] and for each specific Regional Group per priority offshore grid corridor, as defined in Annex I, national competent authorities in Member States belonging to the respective Group, shall jointly create one unique points of contact per priority offshore grid corridor, ‘offshore one-stop shops’, for project promoters, which shall be. The offshore one-stop shop shall, without prejudice to relevant requirements under international and Union law, facilitate the issuing of the comprehensive decision. The comprehensive decision shall be the final proof that the project of common interest has achieved ready-to-build status and there shall be no other requirements for any additional permits or authorisations in that respect. The comprehensive decision shall be issued within the time limit referred to in Article 10(1) and (2) and in accordance with schemes similar to those laid out in Article 8 Paragraph 3. The offshore one-stop shall be further responsible for facilitating and coordinating the permit granting process for offshore grids for renewable energy projects of common interest, taking into account also the need for coordination between the permitting process for the energy infrastructure and the one for the generation assets. The offshore one-stop shops shall act as a repository of existing sea basin studies and plans, aiming at facilitating the permitting process of individual projects of common interest and coordinate the issuance of the comprehensive decisions for such projects by the relevant national competent authorities. Each Regional Group per priority offshore grid corridor, with the assistance of the national competent authorities in the Members States belonging to the Group, shall set-up the offshore one-stop shops depending on regional specificities and geography and determine their location, resource allocation and specific rules for their functioning.
2021/04/22
Committee: ITRE
Amendment 473 #

2020/0360(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point a – introductory part
(a) the pre-application procedure, covering the period between the start of the permit granting process and the acceptance of the submitted application file by the competent authority, shall take place within an indicative period of two years.
2021/04/22
Committee: ITRE
Amendment 480 #

2020/0360(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. The competent authority shall ensure that the combined duration of the two procedures referred to in paragraph 1 does not exceed a period of three years and six months. However, where the competent authority considers that one or both of the two procedures of the permit granting process will not be completed within the time limits set out in paragraph 1, it may decide, before their expiry and on a case by case basis, to extend one or both of those time limits by a maximum of nine months for both procedures combined. The Commission should monitor the permitting process more closely and in case of any delay the European Commission shall be notified immediately by the competent authority, whereas the latter shall duly justify the delay.
2021/04/22
Committee: ITRE
Amendment 484 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii
(ii) is located on the territory of one Member State and has a significantpositive cross- border impacteffect or is replicable, as set out in point (1) of Annex IV, whereas ‘replicable’ requires both knowledge sharing and knowledge transfer of at least two Member States or regions. The replicability of a project shall contribute to, amongst others, decarbonisation, the Energy Efficiency First principle, increase of the share of renewable energies or improvement of sector integration.
2021/05/04
Committee: ENVI
Amendment 518 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point a – point i
(i) market integration, including through lifting the isolation of at least one Member State and, reducing energy infrastructure bottlenecks; competition and system flexibility; and reinvestments in existing infrastructure, necessary to maintain current levels of system integration;
2021/05/04
Committee: ENVI
Amendment 521 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b – introductory part
(b) for smart electricity grid projects and network components falling under the energy infrastructure category set out in point (1)(d) and (1)(e) of Annex II, the project is to contribute significantly to sustainability through the integration of renewable energy into the grid, and at least two of the following specific criteria:
2021/05/04
Committee: ENVI
Amendment 523 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b – point ii
(ii) market integration, including through efficient system operation and, use of interconnectors and reinvestments in existing infrastructure; necessary to maintain operational conditions;
2021/05/04
Committee: ENVI
Amendment 524 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b – point iii a (new)
(iiia) sector integration, through the improvement of the interaction of different energy vectors or energy sectors, for instance through the increase of synergies in adjacent sectors, such as transport and mobility;
2021/05/04
Committee: ENVI
Amendment 579 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point f a (new)
(fa) for district heating and cooling projects falling under the energy infrastructure category set out in point (2a) of Annex II, the project is to contribute significantly to sustainability and to reaching climate neutrality through a reduction of greenhouse gas emissions as well as an increase of the share of renewable energy in the energy network, as well as a better integration and interlinking of the sectors. Furthermore, the project is to contribute significantly to at least one of the following specific criteria: (i) network security and quality of supply by improving the efficiency and interoperability of distribution; (ii) market functioning and customer services; (iii) facilitating smart energy sector integration through the creation of links to other energy carriers and sectors and enabling demand response.
2021/05/04
Committee: ENVI
Amendment 621 #

2020/0360(COD)

Proposal for a regulation
Article 8 – paragraph 6
6. By [31 July 2022] and for each specific Regional Group per priority offshore grid corridor, as defined in Annex I, national competent authorities in Member States belonging to the respective Group, shall jointly create one unique points of contact per priority offshore grid corridor, ‘offshore one-stop shops’, for project promoters, which shall be. The offshore one-stop shop shall, without prejudice to relevant requirements under international and Union law, facilitate the issuing of the comprehensive decision. The comprehensive decision shall be the final proof that the project of common interest has achieved ready-to-build status and there shall be no other requirements for any additional permits or authorisations in that respect. The comprehensive decision shall be issued within the time limit referred to in Article 10(1) and (2) and in accordance with schemes similar to those laid out in Article 8 Paragraph 3. The offshore one-stop shall be further responsible for facilitating and coordinating the permit granting process for offshore grids for renewable energy projects of common interest, taking into account also the need for coordination between the permitting process for the energy infrastructure and the one for the generation assets. The offshore one-stop shops shall act as a repository of existing sea basin studies and plans, aiming at facilitating the permitting process of individual projects of common interest and coordinate the issuance of the comprehensive decisions for such projects by the relevant national competent authorities. Each Regional Group per priority offshore grid corridor, with the assistance of the national competent authorities in the Members States belonging to the Group, shall set-up the offshore one-stop shops depending on regional specificities and geography and determine their location, resource allocation and specific rules for their functioning.
2021/05/04
Committee: ENVI
Amendment 625 #

2020/0360(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point a – introductory part
(a) the pre-application procedure, covering the period between the start of the permit granting process and the acceptance of the submitted application file by the competent authority, shall take place within an indicative period of two years.
2021/05/04
Committee: ENVI
Amendment 630 #

2020/0360(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. The competent authority shall ensure that the combined duration of the two procedures referred to in paragraph 1 does not exceed a period of three years and six months. However, where the competent authority considers that one or both of the two procedures of the permit granting process will not be completed within the time limits set out in paragraph 1, it may decide, before their expiry and on a case by case basis, to extend one or both of those time limits by a maximum of nine months for both procedures combined. The Commission should monitor the permitting process more closely and in case of any delay the European Commission shall be notified immediately by the competent authority, whereas the latter shall duly justify the delay.
2021/05/04
Committee: ENVI
Amendment 631 #

2020/0360(COD)

Proposal for a regulation
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 threewo years.
2021/04/22
Committee: ITRE
Amendment 632 #

2020/0360(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The integrated offshore network development plans shall be compatible with the latest Union-wide ten-Year Network Development Plans in order to ensure coherent development of onshore and offshore grid planning providing for an adequate and reliable transmission grid for transfer of electricity onshore as well as between coastal regions, regions inland, and landlocked Member States and to provide for a stable supply of electricity to centres of consumption or energy storage facilities.
2021/04/22
Committee: ITRE
Amendment 777 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 1 – point 3 – paragraph 1
Member States concerned: Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Netherlands Poland and Sweden.
2021/04/23
Committee: ITRE
Amendment 805 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 4 – point 11 – introductory part
(11) Smart electricity grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity network, in particular the generation of large amounts of electricity from renewable or distributed energy sources and demand response by consumers, energy storage.
2021/04/23
Committee: ITRE
Amendment 816 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 4 – point 13 a (new)
(13 a) District Heating and Cooling:Upgrading and consolidation of district heating and district cooling networks to ensure a decarbonised supply of heat and cold and increase these sectors, as well as applying the energy efficiency first principle and sector integration through the use of waste heat and increasing flexibility for the energy system through power-to-heat. Member States concerned: all
2021/04/23
Committee: ITRE
Amendment 816 #

2020/0360(COD)

Proposal for a regulation
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 threewo years.
2021/05/04
Committee: ENVI
Amendment 821 #

2020/0360(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The integrated offshore network development plans shall be compatible with the latest Union-wide ten-Year Network Development Plans in order to ensure coherent development of onshore and offshore grid planning providing for an adequate and reliable transmission grid for transfer of electricity onshore as well as between coastal regions, regions inland, and landlocked Member States and to provide for a stable supply of electricity to centres of consumption or energy storage facilities.
2021/05/04
Committee: ENVI
Amendment 826 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b
(b) electricitnergy storage facilities used for storing electricitnergy on a permanent or temporary basis in above-ground or underground infrastructure or geological sites, provided they are directly connected to high-voltage transmission lines designed for a voltage of 110 kV or more; deferring the final use of electricity to a later moment than when it was generated or the conversion of electrical energy into a form of energy which can be stored, the storing of that energy, and the subsequent reconversion of that energy back into electrical energy or use as another energy carrier;
2021/04/23
Committee: ITRE
Amendment 829 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b a (new)
(b a) charging infrastructure for electric vehicles;
2021/04/23
Committee: ITRE
Amendment 835 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 1 – point d
(d) systems and components integrating ICT, through operational digital platforms, control systems and sensor technologies both at transmission and, medium and low voltage distribution level, aiming at a more efficient and intelligent electricity transmission and distribution network, increased capacity to integrate new forms of generation, storage and consumption and facilitating new business models and market structures;
2021/04/23
Committee: ITRE
Amendment 838 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 1 – point e a (new)
(e a) equipment, installation or network components that contribute to operational security or increased voltage quality by providing ancillary services, remedial actions or other services necessary for electricity system defence and restoration, including services providing inertia, synthetic inertia, fault current injection, grid forming capacities, voltage regulation, frequency regulation, protection, monitoring and control systems at all voltage levels and substations;
2021/04/23
Committee: ITRE
Amendment 841 #

2020/0360(COD)

Proposal for a regulation
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 with a carbon threshold of which the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council. Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU)2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1 taking into account the carbon intensity of the electricity in the country of production for electricity use. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, (including biomethane or hydrogen) 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 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 network.
2021/04/23
Committee: ITRE
Amendment 856 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
(a) transmission pipelines for the transport of hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, for hydrogen in gaseous or liquid state, excluding pipelines for the local distribution of hydrogen;
2021/04/23
Committee: ITRE
Amendment 873 #

2020/0360(COD)

(c a) storage facilities connected to the electricity networks that enable integration with electricity sectors, enabling the operations of the energy systems across multiple energy carriers ;
2021/04/23
Committee: ITRE
Amendment 891 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
(a) electrolysers that: (i) have at least 100 MW capacity, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council.60 Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1 taking into account the carbon intensity of the electricity in the country of production. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; _________________ 60 OJ L 328, 21.12.2018, p. 82.
2021/04/23
Committee: ITRE
Amendment 912 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 5 a (new)
(5 a) concerning district heating and cooling: district heating and cooling systems meeting the following criteria: (a) at least 1000 MW installed capacity for heating or 100 MW installed capacity for cooling, (b) existence of a district heating network for the transport of hot steam or water or a distribution network for the transport of chilled liquids in at least one of the following categories: low cooling temperature (5-25 degrees Celsius), low temperature (30-40 degrees Celsius), average temperature (40-90 degrees Celsius) or high temperature (from 100 degrees Celsius), (c) heat generators producing heat or waste heat that can be injected in the district heating network pursuant to the definition of ‘waste heat and cold’ of (EU) 2018/2001; ‘highly efficient cogeneration of (EU) 2012/27, geothermal energy, heat pumps or bioenergy;
2021/04/23
Committee: ITRE
Amendment 914 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 1 – point 3 – paragraph 1
Member States concerned: Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Netherlands Poland and Sweden.
2021/05/04
Committee: ENVI
Amendment 921 #

2020/0360(COD)

Proposal for a regulation
Annex III – Part 1 – point 1 – introductory part
(1) with regard to energy infrastructure falling under the competency of national regulatory authorities, each Group shall be composed of representatives of the Member States, national regulatory authorities, TSOs, DSOs, as well as the Commission, the Agency and the DSO- Entity and the ENTSO for Electricity or the ENTSO for Gas, as relevant.
2021/04/23
Committee: ITRE
Amendment 951 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – introductory part
(1) a project with significant cross- border impacteffect or cross-border replicability is a project on the territory of a Member State, which fulfils the following conditions:
2021/04/23
Committee: ITRE
Amendment 953 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – point a
(a) for electricity transmission, the project increases theor ensures maintained 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;
2021/04/23
Committee: ITRE
Amendment 957 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – point a a (new)
(a a) for network components that contribute to operational security or increased voltage quality, the project is designed for equipment and installations at high-voltage, medium-voltage or low- voltage level. This includes transmission and distribution system operators or solely distribution system operators from at least two Member States. Projects involving solely distribution system operators without the direct involvement of transmission system operators can be involved only with the support of the transmission system operators in the form of a letter of intent, of at least two Member States, that are closely associated to the project. A project covers at least 50000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 300 GWH/year, of which at least 20 % originate from variable renewable resources;
2021/04/23
Committee: ITRE
Amendment 966 #

2020/0360(COD)

Proposal for a regulation
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 and low-voltage level. It involves transmission system operators, transmission and distribution system operators or solely distribution system operators from at least two Member States. DProjects involving solely distribution system operators without the direct involvement of transmission system operators can be involved only with the support of the transmission system operators in the form of a letter of intent, of at least two Member States, that are closely associated to the project and ensure interoperability. 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 ;
2021/04/23
Committee: ITRE
Amendment 968 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 4 – point 11 – introductory part
(11) Smart electricity grids deployment: adoption of smart grid technologies across the Union to efficiently integrate the behaviour and actions of all users connected to the electricity network, in particular the generation of large amounts of electricity from renewable or distributed energy sources, energy storage, charging infrastructure for electric vehicles and demand response by consumers.
2021/05/04
Committee: ENVI
Amendment 977 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – point g
(g) for smart gas grids, a project involves transmission system operators, transmission and distribution system operators or solely distribution system operators from at least two Member States. DProjects involving solely distribution system operators without the direct involvement of transmission system operators can be involved only with the support of the transmission system operators in the form of a letter of intent, of at least two Member States, that are closely associated to the project and ensure interoperability.
2021/04/23
Committee: ITRE
Amendment 980 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – point g a (new)
(g a) for district heating and cooling the project has at least 1000 Megawatt heat production capacity or 100 Megawatt cooling capacity.
2021/04/23
Committee: ITRE
Amendment 982 #

2020/0360(COD)

Proposal for a regulation
Annex I – Part 4 – point 13 a (new)
(13a) District heating and cooling: construction, extension, upgrading and consolidation of district heating and cooling networks using decarbonised supplies of heat and cold, among others geothermal heat and cold and waste heat and cold, while applying the energy efficiency first principle, providing an increased flexibility for the energy system though Power-to-heat. Member states concerned: all
2021/05/04
Committee: ENVI
Amendment 983 #

2020/0360(COD)

Proposal for a regulation
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 theor ensures maintained 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 two 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;
2021/04/23
Committee: ITRE
Amendment 991 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b
(b) electricitnergy storage facilities used for storing electricitynergy, i.e. deferring the final use of electricity to a later moment than when it was generated, on a permanent or temporary basis in above-ground or underground infrastructure or geological sites, provided they are directly connected to high-voltage transmission lines designed for a voltage of 110 kV or more or the conversion of electrical energy into a form of energy which can be stored, the storing of that energy, and the subsequent reconversion of that energy back into electrical energy or use as another energy carrier;
2021/05/04
Committee: ENVI
Amendment 992 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 1 – point b a (new)
(ba) charging infrastructure for electric vehicles;
2021/05/04
Committee: ENVI
Amendment 994 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 1 – point d
(d) systems and components integrating ICT, through operational digital platforms, control systems and sensor technologies both at transmission and, medium and low voltage distribution level, aiming at a more efficient and intelligent electricity transmission and distribution network, increased capacity to integrate new forms of generation, storage and consumption and facilitating new business models and market structures;
2021/05/04
Committee: ENVI
Amendment 995 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 1 – point e a (new)
(ea) equipment, installation or network components that contribute to operational security or increased voltage quality by providing ancillary services, remedial actions or other services necessary for electricity system defence and restoration, including services providing inertia, synthetic inertia, fault current injection, grid forming capacities, voltage regulation, frequency regulation, protection, monitoring and control systems at all voltage levels and substations;
2021/05/04
Committee: ENVI
Amendment 998 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 3 – point a – point i
(i) calculating, for cross-border projects and reinvestment projects, the impact on the grid transfer capability in both power flow directions, measured in terms of amount of power (in megawatt), and their contribution to reaching the minimum 15% interconnection target, for projects with significant cross-border impact, the impact on grid transfer capability at borders between relevant Member States, between relevant Member States and third countries or within relevant Member States and on demand- supply balancing and network operations in relevant Member States;
2021/04/23
Committee: ITRE
Amendment 999 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 3 – point a a (new)
(a a) level of sustainability measured as the greenhouse gas emission savings ;
2021/04/23
Committee: ITRE
Amendment 1002 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 3 – point b – point ii
(ii) or electricitnergy storage, comparing new capacity provided by the project with total existing capacity for the same storage technology in the area of analysis as defined in Annex V;
2021/04/23
Committee: ITRE
Amendment 1003 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 3 – point b – point ii
(ii) or electricitnergy storage, comparing newthe capacity provided by the project with total existing capacity for the same storage technology in the area of analysis as defined in Annex V;
2021/04/23
Committee: ITRE
Amendment 1005 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 3 – point c
(c) security of supply, interoperability and secure system operation measured in line with the analysis made in the latest available Union-wide ten-year network development plan in electricity, notably by assessing the impact of the project on the loss of load expectation for the area of analysis as defined in Annex V in terms of generation and transmission adequacy for a set of characteristic load periods, taking into account expected changes in climate- related extreme weather events and their impact on infrastructure resilience, expected changes in the economic and social development of the area and the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areas.. Where applicable, the impact of the project on independent and reliable control of system operation and services shall be measured.
2021/04/23
Committee: ITRE
Amendment 1007 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 4 – introductory part
(4) Concerning projects falling under the category set out in point (1)(d) and (1)(e a new) of Annex II, the criteria listed in Article 4 shall be evaluated as follows:
2021/04/23
Committee: ITRE
Amendment 1024 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
(a) transmission pipelines for the transport of hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, for hydrogen in gaseous or liquid state, excluding pipelines for the local distribution of hydrogen;
2021/05/04
Committee: ENVI
Amendment 1031 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c a (new)
(ca) storage facilities connected to the electricity networks that enable integration with electricity sectors, enabling the operations of the energy systems across multiple Energy carriers
2021/05/04
Committee: ENVI
Amendment 1050 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 4 – point a
(a) electrolysers that: (i) have at least 100 MW capacity, (ii) the production complies with the life cycle greenhouse gas emissions savings requirement of 70 % relative to a fossil fuel comparator of 94g CO2e/MJ as set out in Article 25(2) and Annex V of Directive (EU) 2018/2001 of the European Parliament and of the Council.60 Life cycle greenhouse gas emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067 or ISO 14064-1 taking into account the carbon intensity of the electricity in the country of production. Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party, and (iii) have also a network-related function; _________________ 60 OJ L 328, 21.12.2018, p. 82.
2021/05/04
Committee: ENVI
Amendment 1067 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 5 a (new)
(5a) concerning district heating and cooling: district heating and cooling systems meeting the following criteria: (a) at least 1000 MW installed capacity for heating or 100 MW installed capacity for cooling, (b) existence of a district heating network for the transport of hot steam or water or a distribution network for the transport of chilled liquids in at least one of the following categories: low cooling temperature (5-25 degrees Celsius), low temperature (30-40 degrees Celsius), average temperature (40-90 degrees Celsius) or high temperature (from 100 degrees Celsius), (c) heat generators producing heat or waste heat that can be injected in the district heating network pursuant to the definition of ‘waste heat and cold’ of (EU) 2018/2001; ‘highly efficient cogeneration of (EU) 2012/27, geothermal energy, heat pumps or bioenergy;
2021/05/04
Committee: ENVI
Amendment 1073 #

2020/0360(COD)

Proposal for a regulation
Annex III – Part 1 – point 1 – introductory part
(1) with regard to energy infrastructure falling under the competency of national regulatory authorities, each Group shall be composed of representatives of the Member States, national regulatory authorities, TSOs, DSOs, as well as the Commission, the Agency and the DSO- Entity and the ENTSO for Electricity or the ENTSO for Gas, as relevant.
2021/05/04
Committee: ENVI
Amendment 1104 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – introductory part
(1) a project with significant cross- border impacteffect or cross-border replicability is a project on the territory of a Member State, which fulfils the following conditions:
2021/05/04
Committee: ENVI
Amendment 1109 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – point a
(a) for electricity transmission, the project increases theor ensures maintained 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;
2021/05/04
Committee: ENVI
Amendment 1110 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – point a a (new)
(aa) for network components that contribute to operational security or increased voltage quality, the project is designed for equipment and installations at high-voltage, medium-voltage or low- voltage level. This includes transmission and distribution system operators or solely distribution system operators from at least two Member States. Projects involving solely distribution system operators without the direct involvement of transmission system operators can be involved only with the support of the transmission system operators in the form of a letter of intent, of at least two Member States, that are closely associated to the project. A project covers at least 50000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 300 GWH/year, of which at least 20 % originate from variable renewable resources;
2021/05/04
Committee: ENVI
Amendment 1111 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – point c
(c) for smart electricity grids, the project is designed for equipment and installations at high-voltage and medium, medium- and low- voltage level. It involves transmission system operators, transmission and distribution system operators or solely distribution system operators from at least two Member States. DProjects involving solely distribution system operators without the direct involvement of transmission system operators can be involved only with the support of the transmission system operators in the form of a letter of intent, of at least two Member States, that are closely associated to the project and ensure interoperability. A project covers at least 50000 users, generators, consumers or prosumers of electricity, in a consumption area of at least 300 Gigawatt hours/year, of which at least 20 % originate from variable renewable resources;
2021/05/04
Committee: ENVI
Amendment 1123 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – point g
(g) for smart gas grids, a project involves transmission system operators, transmission and distribution system operators or solely distribution system operators from at least two Member States. DProjects involving solely distribution system operators without the direct involvement of transmission system operators can be involved only with the support of the transmission system operators in the form of a letter of intent, of at least two Member States, that are closely associated to the project and ensure interoperability.
2021/05/04
Committee: ENVI
Amendment 1126 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 1 – point g a (new)
(ga) for district heating and cooling the project has at least 1000 Megawatt heat production capacity or 100 Megawatt cooling capacity
2021/05/04
Committee: ENVI
Amendment 1129 #

2020/0360(COD)

Proposal for a regulation
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 theor ensures maintained 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 two 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;
2021/05/04
Committee: ENVI
Amendment 1135 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 3 – point a – point i
(i) calculating, for cross-border projects and reinvestment projects, the impact on the grid transfer capability in both power flow directions, measured in terms of amount of power (in megawatt), and their contribution to reaching the minimum 15% interconnection target, for projects with significant cross-border impact, the impact on grid transfer capability at borders between relevant Member States, between relevant Member States and third countries or within relevant Member States and on demand- supply balancing and network operations in relevant Member States;
2021/05/04
Committee: ENVI
Amendment 1137 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 3 – point a a (new)
(aa) level of sustainability measured as greenhouse gas emission savings;
2021/05/04
Committee: ENVI
Amendment 1140 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 3 – point b – point ii
(ii) or electricitnergy storage, comparing newthe capacity provided by the project with total existing capacity for the same storage technology in the area of analysis as defined in Annex V;
2021/05/04
Committee: ENVI
Amendment 1141 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 3 – point b – point ii
(ii) or electricitnergy storage, comparing new capacity provided by the project with total existing capacity for the same storage technology in the area of analysis as defined in Annex V;
2021/05/04
Committee: ENVI
Amendment 1142 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 3 – point c
(c) security of supply, interoperability and secure system operation measured in line with the analysis made in the latest available Union-wide ten-year network development plan in electricity, notably by assessing the impact of the project on the loss of load expectation for the area of analysis as defined in Annex V in terms of generation and transmission adequacy for a set of characteristic load periods, taking into account expected changes in climate- related extreme weather events and their impact on infrastructure resilience, expected changes in the economic and social development of the area and the expected significant increase in power demand from the transport sector, in particular for electric vehicles along highways and in urban areas. Where applicable, the impact of the project on independent and reliable control of system operation and services shall be measured.
2021/05/04
Committee: ENVI
Amendment 1143 #

2020/0360(COD)

Proposal for a regulation
Annex IV – point 4 – introductory part
(4) Concerning projects falling under the category set out in point (1)(d) and (1)(e a new) of Annex II, the criteria listed in Article 4 shall be evaluated as follows:
2021/05/04
Committee: ENVI
Amendment 97 #

2020/0353(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘electric vehicle battery’ means any battery specifically designed to provide traction to hybrid and electric vehicles for road transport, excluding portable batteries used in light means of transport and in other individual urban transport modes;
2021/06/09
Committee: ITRE
Amendment 100 #

2020/0353(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 22
(22) ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery, that manages and stores the data on the parameters for determining the safety, the state of health and expected lifetime of batteries laid down in Annex VII and that communicates with the vehicle or appliance in which the battery is incorporated;
2021/06/09
Committee: ITRE
Amendment 119 #

2020/0353(COD)

1. From 1 January 2027, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh, as well as portable batteries used in light means of transport and in other individual urban transport modes, that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant.
2021/06/09
Committee: ITRE
Amendment 121 #

2020/0353(COD)

Proposal for a regulation
Recital 23
(23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for rechargeable industrial batteries and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment is developing in-vehicle durability requirements, so this Regulation is refraining from setting additional durability requirements. On the other hand, in the area of batteries for energy storage, existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. The introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications. In general, the Commission should assess the complementarity of Union's and international rules in order to ensure a stable and positive regulatory environment helping innovation and competitiveness. The Commission should consider revising potentially burdensome requirements and aligning these with international norms.
2021/09/23
Committee: IMCO
Amendment 135 #

2020/0353(COD)

Proposal for a regulation
Article 8 – paragraph 2 – introductory part
2. From 1 January 2030, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh, as well as portable batteries used in light means of transport and in other individual urban transport modes, that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
2021/06/09
Committee: ITRE
Amendment 145 #

2020/0353(COD)

Proposal for a regulation
Recital 31
(31) A number of product-specific requirements under this Regulation, including on performance, durability, repurposing and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art measurements and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council35 and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained. In the absence of published standards at the time of the application of product-specific requirements, the Commission shouldorder to avoid doubling of standards, to maximise efficiency and to include the highest expertise and state-of art knowledge, the Commission should seek to request one or more European standardisation organisations to draft a standard in case of absence of such a standard. In the absence of published standards at the time of the application of product-specific requirements and in case of a non satisfactory response by the European standardisation body, the Commission should in exceptional, justified cases, adopt common specifications through implementing acts and the compliance with such specifications should also give rise to the presumption of conformity. In cases where the common specifications are, at a later stage, found to have shortcomings, the Commission should by implementing act amend or repeal the common specifications in question. If there is a justified need to adopt standards through implementing act, the Commission should also consult and actively involve relevant stakeholders. _________________ 35 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12)
2021/09/23
Committee: IMCO
Amendment 149 #

2020/0353(COD)

Proposal for a regulation
Recital 31 a (new)
(31 a) An active involvement in the work of international standardisation committees is an important strategic prerequisite to place future technologies into the market. In some cases, participation of Europe has been underrepresented in these committees. Therefore, the Commission and Member States should actively support the work of European enterprises in such international standardisation committees. Before considering the adoption of standards by secondary legislation, the Comission shall carefully assess the work done on international level.
2021/09/23
Committee: IMCO
Amendment 150 #

2020/0353(COD)

Proposal for a regulation
Recital 31 b (new)
(31 b) The Commission should ensure consistency regarding harmonised standards and common specifications under this regulation and when reviewing Regulation (EU) No 1025 (2012).
2021/09/23
Committee: IMCO
Amendment 151 #

2020/0353(COD)

Proposal for a regulation
Article 8 – paragraph 3 – introductory part
3. From 1 January 2035, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh, as well as portable batteries used in light means of transport and in other individual urban transport modes, that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
2021/06/09
Committee: ITRE
Amendment 163 #

2020/0353(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. Where justified andBy 31 December 2027 and where appropriate due to the availability of cobalt, lead, lithium or nickel recovered from waste, or the lack thereof, the Commission shall be empowered to adopt, by 31 December 2027,and based on an impact assessment, the Commission shall propose a delegated act in accordance with Article 73,islative initiative to amend the targets laid down in paragraphs 2 and 3.
2021/06/09
Committee: ITRE
Amendment 167 #

2020/0353(COD)

Proposal for a regulation
Recital 54
(54) As the distributor makes a battery available on the market after it has been placed on the market or put into service by the manufacturer or the importer, the distributor should act with due care to ensure that its handling of the battery does not adversely affect its compliance with the requirements of this Regulation. Online market platforms should be considered as distributors for the purposes of this regulation.
2021/09/23
Committee: IMCO
Amendment 189 #

2020/0353(COD)

Proposal for a regulation
Recital 89
(89) Producers and distributors, including online market platforms, should be actively involved in providing information to end users that batteries should be collected separately, that collection schemes are available and that end users have an important role in ensuring an environmentally optimal management of waste batteries. The disclosure of information to all end users as well as reporting on batteries should make use of modern information technologies. The information should be provided either by classical means, such as outdoors, posters and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the battery.
2021/09/23
Committee: IMCO
Amendment 195 #

2020/0353(COD)

Proposal for a regulation
Article 39 – title
39 Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWh or portable batteries used in light means of transport and in other individual urban transport modes on the market to establish supply chain due diligence policies
2021/06/09
Committee: ITRE
Amendment 204 #

2020/0353(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to all batteries, namely portable batteries, including batteries for light means of transport, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
2021/09/23
Committee: IMCO
Amendment 208 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in Annex II to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and OECD Guidelines for Multinational Enterprises;
2021/06/09
Committee: ITRE
Amendment 209 #

2020/0353(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 21
(21) ‘QR code’ means a matrix barcode that links to information about a battery model;
2021/09/23
Committee: IMCO
Amendment 213 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – introductory part
Such a system shall be supported by documentation that provides at least the following information:
2021/06/09
Committee: ITRE
Amendment 216 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point iv a (new)
(iv a) any other relevant information for the purpose of the identification of risks listed in Annex X, Point 2.
2021/06/09
Committee: ITRE
Amendment 216 #

2020/0353(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 36
(36) ‘supply chain due diligence’ means the obligations of the economic operator which places a rechargeable industrial battery or, including online market platforms, which places a battery on the market, with regard to social and electric-vehicle battery on the marketnvironmental risk categories, and where applicable, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing;
2021/09/23
Committee: IMCO
Amendment 226 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 3 – point b – point ii
(ii) adopting risk management measures consistent with Annex II to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and OECD Guidelines for Multinational Enterprises, considering their ability to influence, and where necessary take steps to exert pressure on suppliers who can most effectively prevent or mitigate the identified risk;
2021/06/09
Committee: ITRE
Amendment 230 #

2020/0353(COD)

Proposal for a regulation
Article 9 – title
Performance and durability requirements for portable batteries of general use and batteries for light means of transport
2021/09/23
Committee: IMCO
Amendment 234 #

2020/0353(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. From 1 January 2027, portable batteries of general use and batteries for light means of transport shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
2021/09/23
Committee: IMCO
Amendment 237 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 8 – point b
(b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in Annex I to the OECD Due Diligence Guidance, the UN Guiding Principles on Business and Human Rights and OECD Guidelines for Multinational Enterprises.
2021/06/09
Committee: ITRE
Amendment 237 #

2020/0353(COD)

Proposal for a regulation
Article 9 – paragraph 2 – introductory part
2. By 31 December 2025, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Annex III that portable batteries of general use and batteries for light means of transport shall attain.
2021/09/23
Committee: IMCO
Amendment 242 #

2020/0353(COD)

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and batteries for light means of transport and take into consideration relevant international standards and labelling schemes. The Commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
2021/09/23
Committee: IMCO
Amendment 259 #

2020/0353(COD)

Proposal for a regulation
Article 57 – paragraph 4
4. The Commission shall, by 31 December 2023, adopt an implementing delegated act to establish detailed rules regarding the calculation and verification of recycling efficiencies and recovery of materials. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)3.
2021/06/09
Committee: ITRE
Amendment 261 #

2020/0353(COD)

Proposal for a regulation
Article 57 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 73, to amendBy 31 December 2027, the Commission shall assess the progress towards reaching the minimum levels of recovered materials for waste batteries laid down in Annex XII, Parts B and C, and propose a legislative initiative to revise those minimum levels upwards if appropriate, in light of technical and scientific progress and emerging new technologies in waste management.
2021/06/09
Committee: ITRE
Amendment 262 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 1 – introductory part
1. Portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance. Removability and replaceability requirements may only apply to battery packs as a whole and not individual cells or other parts included in the battery pack.
2021/09/23
Committee: IMCO
Amendment 268 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similar battery, without affecting the functioning or the, performance or safe operation of that appliance.
2021/09/23
Committee: IMCO
Amendment 270 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
The economic operator placing the battery on the market shall make information available where such independent operators are established in the respective Member State
2021/09/23
Committee: IMCO
Amendment 280 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2 a. the novelty of the application requires a fixed connection to the battery and does not allow for a removable battery to guarantee its proper functioning
2021/09/23
Committee: IMCO
Amendment 301 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 1 – point d a (new)
(d a) copper;
2021/06/09
Committee: ITRE
Amendment 303 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point a
(a) air, including air pollution;
2021/06/09
Committee: ITRE
Amendment 304 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point b
(b) water, including pollution and depletion of freshwater, drinking water, oceans and seas; access to drinking water;
2021/06/09
Committee: ITRE
Amendment 305 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 2 – point c
(c) soil, including soil contamination from waste disposal and treatment;
2021/06/09
Committee: ITRE
Amendment 307 #

2020/0353(COD)

(d) biodiversity, including damage to natural habitats, wildlife, flora and ecosystems;
2021/06/09
Committee: ITRE
Amendment 310 #

2020/0353(COD)

(i) community life, including life of indigenous communities.
2021/06/09
Committee: ITRE
Amendment 314 #

2020/0353(COD)

Proposal for a regulation
Annex X – point 3 – point d
(d) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, and the fundamental conventions listed in Annex I of the Declaration;
2021/06/09
Committee: ITRE
Amendment 314 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 1 – introductory part
1. The Commission shall actively support the work of European enterprises in international standardisation committees. In exceptional cases, after consulting relevant stakeholders, and after having requested one or more European standardisation organisations to draft EU standards, the Commission shall be empowered to adopt implementing acts laying down common specifications for the requirements set out in Articles 9, 10, 12, 13, 59(5)(a) or tests referred to in Article 15(2), where:
2021/09/23
Committee: IMCO
Amendment 318 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point b
(b) the Commission observes undue delays in the adoption of requested harmonised standards, or considers that relevant harmonised standards are not sufficient; or
2021/09/23
Committee: IMCO
Amendment 322 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3)take into account the findings of the stakeholder consultation and the work by European standardisation bodies referred to in paragraph 1 and be adopted in accordance with the examination procedure referred to in Article 74(3). The Commission shall ensure coherence with the provisions of this article when revising the European standardisation regulation (EU) No 1025/2012.
2021/09/23
Committee: IMCO
Amendment 323 #

2020/0353(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Thosee Commission shall seek to align the common specifications with international standards unless a deviation seems justified. In an exceptional, justified case, implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(3).
2021/09/23
Committee: IMCO
Amendment 354 #

2020/0353(COD)

Proposal for a regulation
Article 23 – paragraph 5
5. A notifying authority shall have a sufficient number of competent personnel and sufficient funding at its disposal for the proper performance of its tasks.
2021/09/23
Committee: IMCO
Amendment 378 #

2020/0353(COD)

Proposal for a regulation
Article 33 – paragraph 2 – introductory part
2. A notified body shall perform its activities in a proportionate manner, avoiding unnecessary burdens for economic operators, in particular small and medium-sized enterprises, and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process.
2021/09/23
Committee: IMCO
Amendment 385 #

2020/0353(COD)

Proposal for a regulation
Article 36 – title
36 Exchange of experience and good practices
2021/09/23
Committee: IMCO
Amendment 386 #

2020/0353(COD)

Proposal for a regulation
Article 36 – paragraph 1
The Commission shall provide for the organisation of exchange of experience and good practices between the Member States’ national authorities responsible for notification policy.
2021/09/23
Committee: IMCO
Amendment 396 #

2020/0353(COD)

Proposal for a regulation
Article 39 – title
Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhbatteries on the market to establish supply chain due diligence policies
2021/09/23
Committee: IMCO
Amendment 399 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 1
1. As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhbatteries on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
2021/09/23
Committee: IMCO
Amendment 407 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point a
(a) adopt, and clearly communicate to suppliers and the public, a company policy for the supply chain of raw materials indicated in Annex X, point 1, starting at the point of extraction of raw materials;
2021/09/23
Committee: IMCO
Amendment 410 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chain policy standards consistent with the standards set out in the model sAnnex I "Five- Step Framework for Risk-Based Due Diligence in the Mineral Supply cChain p" and the "Model Supply Chain Policy" in Annex II to the OECD Due Diligence Guidance;
2021/09/23
Committee: IMCO
Amendment 461 #

2020/0353(COD)

Proposal for a regulation
Article 43 – paragraph 1
Fulfilment service providers, including online marketplaces, shall ensure that, for batteries that they handle, the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the batteries’ compliance with the requirements set out in Chapters II, III and IVII.
2021/09/23
Committee: IMCO
Amendment 469 #

2020/0353(COD)

Proposal for a regulation
Article 60 – paragraph 1 – point f a (new)
(f a) for portable batteries, the deposit refund schemes established by Member States pursuant to Article 72a and information on the amount of the refund.
2021/09/23
Committee: IMCO
Amendment 529 #

2020/0353(COD)

Proposal for a regulation
Article 72 a (new)
Article 72 a Deposit refund schemes Member States shall introduce mandatory deposit refund schemes for the collection of waste portable batteries. Consumers and other end-users shall be informed in a clear and comprehensible manner about the scheme and refund amounts in accordance with paragraph 1(fa) of Article 60.
2021/09/23
Committee: IMCO
Amendment 559 #

2020/0353(COD)

Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1
Where appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation. By [twenty two months after the date of entry into force of this Regulation], the Commission shall assess the complementarity of the parameters in Part A of Annex IV with international norms in particular UNECE GTR.
2021/09/23
Committee: IMCO
Amendment 617 #

2020/0353(COD)

Proposal for a regulation
Annex XIII – point 1 – point e
(e) Battery composition, including critical raw materials, other than business sensitive information;
2021/09/23
Committee: IMCO
Amendment 2 #

2019/2213(BUD)

Draft opinion
Paragraph 1
1. Regrets that the Member States have so far not managed to reach an agreement on the Multiannual Financial Framework (MFF) 2021-2027 and the reform of the own resources system, which puts at risk the timely start of the new programmes and thus the Union’s ability to achieve its political priorities; notes that the MFF is the basis for the annual budget and that, in the absence of an MFF regulation, guidelines on the 2021 budget can only reflect Parliament’s general position on the MFF;
2020/02/20
Committee: ITRE
Amendment 24 #

2019/2213(BUD)

Draft opinion
Paragraph 2
2. Underlines that the new Heading 1 (‘Single Market, Innovation and Digital’) will be instrumental for boosting innovation-led, sustainable economic growth and contributing to the transition towards a climate-neutral society in line with the Paris Agreement; highlights furthermore the importance of the new Heading 5 (‘Security and Defence’), which includes the new European Defence Fund and essential funds for nuclear safety and decommissioning;
2020/02/20
Committee: ITRE
Amendment 38 #

2019/2213(BUD)

Draft opinion
Paragraph 3
3. Recalls Parliament’s position on the overall financial envelope for Horizon Europe of EUR 120 billion (in 2018 prices); calls on the Commission in this regard to present the 2021 draft budget accordingly to ensure that research and innovation activities will continuebe ambitiously funded without disruption, including in areas that are essential for the EU’s strategic autonomy and benefit its citizens and society, such as digital transformation, healthcare and space; recalls in this context the importance of fundamental research;
2020/02/20
Committee: ITRE
Amendment 58 #

2019/2213(BUD)

Draft opinion
Paragraph 4
4. Underlines that all areas of the budget, including its revenue side, need to contribute to the overall goals of the European Green Deal and the UN Sustainable Development Goals; recalls in this context the importance of the introduction of a Just Transition Fund to address societal, socio-economic and environmental impacts on workers and communities adversely affected by the transition from coal and carbon dependence, and calls for solid financing of the fund in order to maximise the leverage effect, but not at the expense of other EU programmes;
2020/02/20
Committee: ITRE
Amendment 71 #

2019/2213(BUD)

Draft opinion
Paragraph 5
5. Underlines the need for an ambitious draft budget, in particular forwhich needs to become operational as soon as possible in order to help make the EU more competitive; recognises in particular the important role of new programmes such as the Digital Europe Programme, which needaims to become operational oost investments in vital future areas soonuch as possible in order to help make the EU more competsupercomputing, artificial intelligence, cybersecurity and advanced digital skills, thereby maximising the benefits of digitalisation and strengthening the EU’s technological capacitives;
2020/02/20
Committee: ITRE
Amendment 78 #

2019/2213(BUD)

Draft opinion
Paragraph 6
6. Underlines the importance of SMEs as an essential part of the EU economy, as they provide a high number of jobs in the EU, account for a majority of new jobs created and play a vital role in research and innovation and in the uptake of R&I results; urges the Commission therefore to ensure a smooth transition from COSME to the new Single Market Programme and from the European Fund for Strategic Investment (EFSI) and other financial instruments to InvestEU; stresses the need to facilitate access to finance for SMEs and recalls in this context the role of the European Innovation Council (EIC) in supporting top class innovators, entrepreneurs and small companies;
2020/02/20
Committee: ITRE
Amendment 3 #

2019/2204(INI)

Motion for a resolution
Recital A
A. whereas the Defence Procurement Directive seeks to introduce fair and transparent rules for defence procurement in an effort to make it easier forto make sure that defence companies in the Member States tocan access other Member States' defence markets;
2020/11/11
Committee: IMCO
Amendment 4 #

2019/2204(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the Defence Package Directives are needed to further develop a common European security and defence culture, based on the European Union's shared values and objectives, with respect to the specific character of the security and defence policies of the Member States;
2020/11/11
Committee: IMCO
Amendment 7 #

2019/2204(INI)

Motion for a resolution
Recital E
E. whereas the EPRS study pointed out the limitedinsufficient effect of the Defence Procurement Directive on the Europeanisation of defence value chains;
2020/11/11
Committee: IMCO
Amendment 9 #

2019/2204(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas an important reason for the lack of participation of SMEs is the lack of cross-border access to supply chains; whereas, defence supply chains have a substantial national focus, which adds challenges for SMEs that wish to enter defence supply chains in other European countries; whereas, moreover, OEMs continue and limit themselves to subcontract SME's they have a pre- existing working relationship with, due to financial reasons;
2020/11/11
Committee: IMCO
Amendment 16 #

2019/2204(INI)

Motion for a resolution
Paragraph 1
1. Welcomes some of the positive trends witnessed in the progressive implementation of the Defence Procurement Directive, namely the increasing number of contract notices and contract-award notices issued by Member States, and the increasing proportion of procurement that has been tendered competitively through Tenders Electronic Daily (TED); stresses, howeverStresses, that a very high volume of procurement expenditure is still incurred outside the directive;
2020/11/11
Committee: IMCO
Amendment 28 #

2019/2204(INI)

Motion for a resolution
Paragraph 3
3. Believes, in this regard, that the Commission should take a more proactive roleits responsibility in monitoring the exclusions used by the Member States in their awarding of contracts outside the scope of the Defence Procurement Directive, and should not be mainly reliant on received complaints filed by the industry;
2020/11/11
Committee: IMCO
Amendment 35 #

2019/2204(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Calls on the Member States to properly implement the Defence Procurement Directives and those with a large established defence industry to lead by example;
2020/11/11
Committee: IMCO
Amendment 43 #

2019/2204(INI)

Motion for a resolution
Paragraph 8
8. Observes, further, that there was a slower and lower than expected uptake of certification, and that there are still barriers to effective application of the directive, with low levels of awareness, particularly among SMEs, of the tools available under the directive, and the system used by the Member States in their export controls, in addition to the lack of harmonisation in the implementation of GTLs, which act as major barriers to the effective application of the directive; underlines the fact that an introduction of the ‘de Minimis’ rule principle, known from the Schmidt-Debré harmonisation agreement, in bilateral and/or multilateral agreements between Member States has the potential to further stimulate participation of SMEs in joint ventures and common export licenses throughout the internal market;
2020/11/11
Committee: IMCO
Amendment 50 #

2019/2204(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to further improve the directive’s implementation in individual Member States by continuing its dialogue withinsisting on national authorities in order to resolve outstanding issues;
2020/11/11
Committee: IMCO
Amendment 59 #

2019/2204(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to be boldstrong in enforcing the directives, including, where necessary, by making use of infringement proceduresby making use of their right laid down in Article 258 TFEU to start infringement procedures; asks the Commission to initiate infringement procedures instead of solely acting on complaints filed by the industry;
2020/11/11
Committee: IMCO
Amendment 63 #

2019/2204(INI)

Motion for a resolution
Paragraph 20
20. Considers, therefore, that the goal of increasing SME participation has onlynot been partially achieved;
2020/11/11
Committee: IMCO
Amendment 64 #

2019/2204(INI)

Motion for a resolution
Paragraph 21
21. Is of the opinion that the subcontracting provisions of the directive had no or a very limited impact on the cross-border access of sub-suppliers and defence SMEs; calls on the Member States to ascertain that their internal procedures are not blocking SMEs’llow for SME cross border participation and to simplify access for companies that fall within the EU definition of SMEs for the participation in tendering processes in the fields of defence and security;
2020/11/11
Committee: IMCO
Amendment 69 #

2019/2204(INI)

Motion for a resolution
Paragraph 23
23. Considers that Member-State action could significantly improve cross-border market access for SMEs and sub-suppliers in the defence sectors, and therefore, calls on the Member States to seriously take into consideration and follow when possibleimplement the Commission recommendations as much as possible;
2020/11/11
Committee: IMCO
Amendment 70 #

2019/2204(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the Commission to improve access to finance for SMEs such as European guarantee funds;
2020/11/11
Committee: IMCO
Amendment 20 #

2019/2189(INI)

Motion for a resolution
Recital C
C. whereas most renewable electricitnergy sources, such as wind and solar, are intermittent and variable; whereas the integration of variable renewable energy sources into the electricity system requires increased flexibility regarding supply and demand while maintaining the principle of unbundling;
2020/05/07
Committee: ITRE
Amendment 25 #

2019/2189(INI)

Motion for a resolution
Recital C a (new)
C a. whereas sector integration will play a crucial role in enhancing the flexibility and efficiency of the energy sector and in decreasing its carbon footprint;
2020/05/07
Committee: ITRE
Amendment 28 #

2019/2189(INI)

Motion for a resolution
Recital C b (new)
C b. whereas seasonal thermal storage technologies make it possible to store heat or cold for several months;
2020/05/07
Committee: ITRE
Amendment 30 #

2019/2189(INI)

Motion for a resolution
Recital C c (new)
C c. whereas pumped storage has accounted for more than 90 % of the EU energy storage capacity; whereas pumped storage currently plays an important role for balancing electricity demand and supply, large-scale storage with a high round-trip efficiency and short- and medium term flexibility with a high range of capacity;
2020/05/07
Committee: ITRE
Amendment 32 #

2019/2189(INI)

Motion for a resolution
Recital C d (new)
C d. whereas in 2018, only 3% of the global manufacturing capacity for lithium-ion battery cells was located in the EU, with 85% in the Asia-Pacific region;
2020/05/07
Committee: ITRE
Amendment 34 #

2019/2189(INI)

Motion for a resolution
Recital C e (new)
C e. whereas green gases, such as gases produced through electrolysis using electricity from renewable energy sources, provide large storage capacities on a seasonal scale;
2020/05/07
Committee: ITRE
Amendment 35 #

2019/2189(INI)

Motion for a resolution
Recital C f (new)
C f. whereas the existing gas infrastructure provides energy storage capacity for green gases, for instance transmission and distribution pipelines or underground storage as a seasonal storage, therefore optimising the use of existing capacities seems preferable to building new infrastructure;
2020/05/07
Committee: ITRE
Amendment 36 #

2019/2189(INI)

Motion for a resolution
Recital C g (new)
C g. whereas batteries and other decentralized storage facilities, such as flywheels, do not only serve the security of supply but also economically feasible fast charging infrastructures for electric vehicles;
2020/05/07
Committee: ITRE
Amendment 64 #

2019/2189(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Calls on the Commission to furthermore analyse the energy capacity, power capacity, storage duration, Capex, Opex, roundtrip efficiency and conversion efficiency of existing storage facilities and projects and to incorporate this data in the energy system modelling to assess policy options, while including intra-hour effects to correctly estimate current and future system flexibility needs and the contribution of storage into such modelling;
2020/05/07
Committee: ITRE
Amendment 66 #

2019/2189(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Calls on the Commission and Member States to ensure coherence and avoiding overlaps in legislation on European, national or regional level;
2020/05/07
Committee: ITRE
Amendment 75 #

2019/2189(INI)

Motion for a resolution
Paragraph 4
4. Notes that the energy transition towards a renewable-based system requires a well-developed electricitnergy grids and advanced storage technologies, backup generation and demand management in order to secure a constantsecure, affordable and sustainable power supply;
2020/05/07
Committee: ITRE
Amendment 99 #

2019/2189(INI)

Motion for a resolution
Paragraph 5
5. Underlines that the transition to a climate-neutral economy must not endanger security of supply; stresses that reliable power supplenergy supply, cost-efficiency and the energy transition must go hand in hand;
2020/05/07
Committee: ITRE
Amendment 116 #

2019/2189(INI)

Motion for a resolution
Paragraph 6
6. Deeply regrets that infrastructure or larger storage projects which are crucial to the energy transition often face strong resistance and delays at local level; encourages the Member States to actively encourage public support at the local level, for instance through early public participation or by enabling local communities to engage, financially participate or to be compensated;
2020/05/07
Committee: ITRE
Amendment 122 #

2019/2189(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Calls for a timely implementation of the Electricity Market Directive (EU) 2019/944 and Electricity Market Regulation (EU) 2019/943;
2020/05/07
Committee: ITRE
Amendment 123 #

2019/2189(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Underlines that it is important to ensure a level playing field for all energy storage solutions in line with the technology neutrality in order to allow market forces to drive the best choices of technology;
2020/05/07
Committee: ITRE
Amendment 137 #

2019/2189(INI)

Motion for a resolution
Paragraph 7
7. Points out that most Member States require operators of storage facilities to pay network charges or energy taxes twice; is convinced that the abolishment of this burden would lead to more energy storage projects being deployed; calls on the Commission to differentiate between end- use and storage or conversion and prohibit the double taxation related to energy storage projects in its upcoming proposal for a revised Energy Taxation Directive; calls on the Member States to abolish any kind of double taxation orand redesign charges related to energy storage projectsin a way that the societal benefit from storage is reflected and barriers for storage projects to access the market are removed;
2020/05/07
Committee: ITRE
Amendment 152 #

2019/2189(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Calls on the Commission to acknowledge the crucial role of all flexibility and storage technologies to assure an efficient energy transition and to further provide high levels of security of supply and system stability; highlights the public interest in developing new and upgrading existing storage projects, which should be reflected in a swift, prioritised and streamlined permitting process in the Member States;
2020/05/07
Committee: ITRE
Amendment 156 #

2019/2189(INI)

Motion for a resolution
Paragraph 9
9. Notes with concern that approval procedures at national level take considerably longer than the maximum periods for PCI projects provided for by the TEN-E Regulation; calls on the Commission to address this issue in its upcoming review through an effective enforcement mechanism recognizing the overriding public interest of PCI storage projects;
2020/05/07
Committee: ITRE
Amendment 182 #

2019/2189(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to take into account the important role of storage in the energy transition when reviewing the State aid guidelines; calls on the Commission to make sure that the new guidelines take into account the efficiency and the contribution to grid stability of different storage technologies, so that inefficient funding isand distortion of competition are avoided;
2020/05/07
Committee: ITRE
Amendment 187 #

2019/2189(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Calls on the Commission and the Member States to explore the full technological and human potential for developing existing energy production sites into energy storage facilities, in order to mitigate the negative social effects of carbon based energy production;
2020/05/07
Committee: ITRE
Amendment 191 #

2019/2189(INI)

Motion for a resolution
Subheading 2
Power to gasChemical Storage
2020/05/07
Committee: ITRE
Amendment 200 #

2019/2189(INI)

Motion for a resolution
Paragraph 13
13. Acknowledges the high potential of green hydrogen for seasonal energy storage and as feedstock for energy- intensive industries and as a sustainable fuel for several modes of transport;
2020/05/07
Committee: ITRE
Amendment 214 #

2019/2189(INI)

Motion for a resolution
Paragraph 14
14. Notes that there are varying standards in the Member States as regards the blending of hydrogen with natural gas; calls, which is an important transitional step to advance the use of green hydrogen; therefore, calls on the Commission to assess and develop minimum blending standards for hydrogen both for the gas grid and end uses;
2020/05/07
Committee: ITRE
Amendment 221 #

2019/2189(INI)

Motion for a resolution
Paragraph 15
15. Calls on the Commission to conduct a comprehensive analysis of the costcost-benefit and availability analysis of retrofitting gas infrastructure, which is important for the use of green hydrogen as storage, to be transported in large quantities or to enable the roll-out of hydrogen mobility; acknowledges the potential of underground gas storage such as empty caverns or pore storage; calls on the Commission to include a cost-benefit analysis of such storage facilities;
2020/05/07
Committee: ITRE
Amendment 232 #

2019/2189(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Calls on the Commission to develop a harmonised definition for green hydrogen based on a transparent methodology; calls furthermore for a system of mutual recognition of Guarantee of Origins for these gases taking into account developing a common certification scheme;
2020/05/07
Committee: ITRE
Amendment 243 #

2019/2189(INI)

Motion for a resolution
Subheading 3
BatteriesElectrochemical Storage
2020/05/07
Committee: ITRE
Amendment 256 #

2019/2189(INI)

Motion for a resolution
Paragraph 17
17. Is concerned that the EU has a very low lithium-ion battery manufacturing capacity; welcomes, therefore, the European Battery Alliance and the Strategic Action Plan on Batteries; calls for for their continuous support for them andcovering all technologies; calls for the implementation of the Strategic Action Plan on Batteries to be strengthened in line with the Circular Economy; welcomes, in this respect, the Commission’s announcement that it will propose legislation on batteries in support of the Strategic Action Plan and the circular economy; calls, in this regard, for life cycle analysis of batteries;
2020/05/07
Committee: ITRE
Amendment 262 #

2019/2189(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Acknowledges the range of battery technologies, especially EU-based automotive and industrial battery value chains, where well-functioning collection and recycling schemes are already in place and which could be considered as a blueprint for battery recycling;
2020/05/07
Committee: ITRE
Amendment 267 #

2019/2189(INI)

Motion for a resolution
Paragraph 18
18. Is concerned about the EU’s heavy dependence on imports of raw materials for battery production and urges the Commission to address this dependence in relevant EU strategies; is convinced that enhanced recycling schemes for batteries could deliver a significant share of the raw materials required for battery production within the EU;
2020/05/07
Committee: ITRE
Amendment 280 #

2019/2189(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to consider acollection and recycling targets for lithium-ion batteries based on critical metal fractions when revising the Batteries Directive;
2020/05/07
Committee: ITRE
Amendment 284 #

2019/2189(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Calls on the Commission to develop guidelines and/or standards for repurposing batteries from electric vehicles, including testing and grading processes, as well as safety guidelines;
2020/05/07
Committee: ITRE
Amendment 291 #

2019/2189(INI)

Motion for a resolution
Subheading 4
Pumped sMechanical Storage
2020/05/07
Committee: ITRE
Amendment 301 #

2019/2189(INI)

Motion for a resolution
Paragraph 22
22. Considers that the Member States should seek further ways to enhance pumped storage capacity; calls on the Member States to remove any administrative obstacles that are delaying these projects and to provide regulatory support for innovative approaches in this field; calls on the Commission to prioritise the necessary energy transition, to conduct a comprehensive review of the relevant legislation and to propose changes where necessary taking into account the multi- purpose use of existing and new reservoirs;
2020/05/07
Committee: ITRE
Amendment 307 #

2019/2189(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Acknowledges the importance of a European flywheel technology for energy storage and frequency regulation; underlines the fact that this technology is a relevant storage and regulation device for smart grids or strategic grid development;
2020/05/07
Committee: ITRE
Amendment 313 #

2019/2189(INI)

Motion for a resolution
Paragraph 24
24. Considers district heating to be a very efficient tool for energy storage and residential heating in densely populated areas; calls on the Commission and the Member States to support and develop district heating networks; and thermal storage in densely populated areas to be a very efficient tool for energy storage providing the necessary flexibility to integrate a greater share of intermittent renewables and waste heat from industrial processes and the tertiary sector; calls on the Commission and the Member States to support and develop district heating networks; moreover, calls on the Commission to take heat infrastructure and thermal storage into account when developing the Ten-Year Network Development Plans for both ENTSO-E and ENTSO-G;
2020/05/07
Committee: ITRE
Amendment 320 #

2019/2189(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Believes that thermal storage in aquifers, especially in connection with the use of geothermal sources, could represent an innovative tool in non- urbanised and industrial areas; calls on the Commission and the Member States to support research and development of these solutions and to implement large- scale pilot plants;
2020/05/07
Committee: ITRE
Amendment 321 #

2019/2189(INI)

Motion for a resolution
Paragraph 24 b (new)
24 b. Acknowledges that flexible cogeneration provides a forward-looking integrated energy storage solution for flexibility of electricity grids and efficiency of heat supply thanks to heat storage decoupling electricity production from heat consumption;
2020/05/07
Committee: ITRE
Amendment 326 #

2019/2189(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Calls on the Commission to consider the role of thermal storage and heating infrastructure to bring flexibility to the energy system in the upcoming Smart Sector Integration Strategy;
2020/05/07
Committee: ITRE
Amendment 328 #

2019/2189(INI)

Motion for a resolution
Paragraph 25 b (new)
25 b. Acknowledges the storage potential of buildings through storage- effective masses and thermal or massive building components;
2020/05/07
Committee: ITRE
Amendment 348 #

2019/2189(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Notes the reluctance of private users to provide their vehicle batteries for storage services; welcomes in this regard the incentives for flexibility provided to consumers by the Electricity Market Directive, and calls on the Member States for swift and strong implementation of the relevant provisions;
2020/05/07
Committee: ITRE
Amendment 22 #

2019/2157(INI)

Draft opinion
Paragraph 2
2. Notes that the European forest- based industries help decarbonise Europe by replacsubstituting CO2-intensive raw materials and fossil energy with forest- based alternatives; such as construction material, new innovative chemicals, plastics and textiles, biogas and biofuel, and therefore help in achievingus help reach the goals of the Paris Agreement and the European Green Deal;
2020/03/30
Committee: ITRE
Amendment 38 #

2019/2157(INI)

Draft opinion
Paragraph 3
3. Notes that forest-based industry is a key driving force behind the circular bioeconomy; encourages the Member States to support recyclable and bio-based products through public procurement and investment support; highlights that first and foremost the sector needs stable and long term regulatory conditions to develop rather than short term support measures;
2020/03/30
Committee: ITRE
Amendment 92 #

2019/2157(INI)

Draft opinion
Paragraph 8
8. Stresses the need for sustainable forest management, and the regional and economic importance of forests.; points out the important role that sustainable forest management has in the whole forest and bioeconomy value chain, especially in terms of providing sustainable raw materials to the sector;
2020/03/30
Committee: ITRE
Amendment 104 #

2019/2157(INI)

Draft opinion
Paragraph 8 a (new)
8a. Highlights that forests do have very different characteristics within the Union and therefore needs different policy and management approaches.
2020/03/30
Committee: ITRE
Amendment 45 #

2019/2156(INI)

Draft opinion
Paragraph 6
6. Calls for raising awareness among consumers awarenesnd EU-industries about the need to reduce our consumption footprint on land and encourages people to consume products from and for the EU bio economy to set up supply chains that are ‘deforestation- free’.
2020/03/30
Committee: ITRE