605 Amendments of Vasile BLAGA
Amendment 8 #
2024/0028(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Subject to an assessment by the Commission carried out in the context of the regular monitoring of the impact of this Regulation and launched either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures for imports of any products falling under the scope of this Regulation which are adversely affecting the Union market or the market of one or several Member States for like or directly competing products. There is a particularly precarious situation in the markets for cereals, oilseeds, poultry, eggs, and sugar and honey and that may harm Union agricultural producers if imports from Ukraine were to increase. It is appropriate to introduce an automatic safeguard for cereals, oilseeds, eggs, poultry, and sugar and honey products that is activated if quantities imported pursuant to this Regulation exceed the arithmetic mean of quantities in 2021, 2022 and 2023.
Amendment 18 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 1– subparagraph 1
Article 4 – paragraph 1– subparagraph 1
1. If a product covered by Article 1(1) or any other product originating in Ukraine is imported under conditions which adversely affect the Union market or the market of one or several Member States for like or directly competing products, the Commission may impose any measure which is necessary by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).
Amendment 24 #
2024/0028(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Subject to an assessment by the Commission carried out in the context of the regular monitoring of the impact of this Regulation and launched either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures for imports of any products falling under the scope of this Regulation which are adversely affecting the Union market or the market of one or several Member States for like or directly competing products. There is a particularly precarious situation in the markets for cereals, oilseeds, poultry, eggs, and sugar and honey that may harm Union agricultural producers if imports from Ukraine were to increase. It is appropriate to introduce an automatic safeguard for cereals, oilseeds, eggs, poultry, and sugar and honey products that is activated if quantities imported pursuant to this Regulation exceed the arithmetic mean of quantities in 2021, 2022 and 2023.
Amendment 26 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – introductory part
Article 4 – paragraph 7 – subparagraph 1 – introductory part
7. If, during the period 6 June to 31 December 2024, cumulative import volumes of either common wheat, wheat flours, and pellets; barley, barley flour and pellets; oats; maize, maize flour and pellets; barley groats and meal; cereal grains otherwise worked; sunflower seeds, oil and meals; rapeseed seeds, oil and meal; honey; eggs, poultry or sugar since 1 January 2024 reach the respective arithmetic mean of import volumes recorded in 2021, 2022 and 2023, the Commission shall, within 210 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478:
Amendment 31 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point a
Article 4 – paragraph 7 – subparagraph 1 – point a
(a) reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point b, until 31 December 2024 or in the case of sunflower seeds, oil and meals; rapeseed seeds, oil and meal; introduce a new tariff-rate quota based on the respective arithmetic mean of import volumes recorded in 2021, 2022 and 2023, until 31 December 2024; and
Amendment 33 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point b
Article 4 – paragraph 7 – subparagraph 1 – point b
(b) introduce from 1 January 2025 either a tariff-rate quota equal to five twelfths of that arithmetic mean or the corresponding tariff-rate quota suspended by Article 1(1), point b, whichever is highlower.
Amendment 39 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 2
Article 4 – paragraph 7 – subparagraph 2
If, during the period 1 January to 5 June 2025, cumulative import volumes of either common wheat, flours, and pellets; barley, flour and pellets; oats; maize, flour and pellets; barley groats and meal; cereal grains otherwise worked; sunflower seeds, oil and meals; rapeseed seeds, oil and meal; honey; eggs, poultry or sugar for the period since 1 January 2025 reach five twelfths of the respective arithmetic mean of import volumes recorded 2021, 2022 and 2023, the Commission shall, within 210 days and after informing the Committee on Safeguards, reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point b or in the case of sunflower seeds, oil and meals; rapeseed seeds, oil and meal; introduce a new tariff-rate quota based on the respective arithmetic mean of import volumes recorded in 2021, 2022 and 2023.
Amendment 45 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
For the purposes of this paragraph, the terms eggs, poultry and sugar refer to all products covered by the tariff-rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectivelcommon wheat, flours, and pellet ; barley, flour and pellets; oats; maize, flour and pellets; barley groats and meal; cereal grains otherwise worked; sunflower seeds, oil and meals; rapeseed seeds, oil and meal; honey; eggs, poultry and sugar refer to all products covered by the tariff-rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectively, common wheat, wheat flours, and pellets; barley, barley flour and pellets; oats ; maize, maize flour and pellets; barley groats and meal; cereal grains otherwise worked; sunflower seeds, oil and meals; rapeseed seeds, oil and meal; honey, eggs and albumins, poultry meat and poultry meat preparations, and sugars, and the arithmetic mean shall be calculated by dividing the sum of import volumes in 2021, 2022 and 2023 by twohree.
Amendment 46 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
If a product covered by Article 1(1) or any other product originating in Ukraine is imported under conditions which adversely affect the Union market or the market of one or several Member States for like or directly competing products, the Commission may impose any measure which is necessary by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).
Amendment 48 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 8 a (new)
Article 4 – paragraph 8 a (new)
8 a. If a product covered by Article 1(1) originating in Ukraine is imported in the EU or transit by the EU, the destination for all consignments of that product should be determined prior to entry into the EU by Ukrainian authorities. Furthermore, Ukrainian authorities should provide to the European Commission the necessary documentation certifying that those consignments reached their destination.
Amendment 60 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – introductory part
Article 4 – paragraph 7 – subparagraph 1 – introductory part
If, during the period 6 June to 31 December 2024, cumulative import volumes of either eggs, poultry orcommon wheat, wheat flours, and pellets ; barley, barley flour and pellets ; oats ; maize, maize flour and pellets ; barley groats and meal; cereal grains otherwise worked ; sunflower seeds, oil and meals; rapeseed seeds, oil and meal; honey; eggs, poultry, sugar since 1 January 2024 reach the respective arithmetic mean of import volumes recorded in 2022 and1, 2022, 2023, the Commission shall, within 210 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478:
Amendment 77 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point a
Article 4 – paragraph 7 – subparagraph 1 – point a
(a) reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point b, until 31 December 2024 or in the case of sunflower seeds, oil and meals; rapeseed seeds, oil and meal; introduce a new tariff-rate quota based on the respective arithmetic mean of import volumes recorded in 2021, 2022 and 2023, until 31 December 2024; and
Amendment 83 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – point b
Article 4 – paragraph 7 – subparagraph 1 – point b
(b) introduce from 1 January 2025 either a tariff-rate quota equal to five twelfths of that arithmetic mean or the corresponding tariff-rate quota suspended by Article 1(1), point b, whichever is highlower.
Amendment 89 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 2
Article 4 – paragraph 7 – subparagraph 2
If, during the period 1 January to 5 June 2025, cumulative import volumes of either eggs, poultry orcommon wheat, flours, and pellets ; barley, flour and pellets ; oats ; maize, flour and pellets ; barley groats and meal; cereal grains otherwise worked ; sunflower seeds, oil and meals; rapeseed seeds, oil and meal; honey; eggs, poultry, sugar for the period since 1 January 2025 reach five twelfths of the respective arithmetic mean of import volumes recorded 2021, 2022 and 2023, the Commission shall, within 210 days and after informing the Committee on Safeguards, reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1) or in the case of sunflower seeds, oil and meals; rapeseed seeds, oil and meal; introduce a new tariff-rate quota based on the respective arithmetic mean of import volumes recorded in 2021, 2022 and 2023, point b.
Amendment 104 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
For the purposes of this paragraph, the terms eggs, poultry andcommon wheat, flours, and pellets ; barley, flour and pellets ; oats ; maize, flour and pellets ; barley groats and meal; cereal grains otherwise worked ; sunflower seeds, oil and meals; rapeseed seeds, oil and meal; honey; eggs, poultry, sugar, refer to all products covered by the tariff-rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectively, common wheat, wheat flours, and pellets ; barley, barley flour and pellets ; oats ; maize, maize flour and pellets ; barley groats and meal; cereal grains otherwise worked ; sunflower seeds, oil and meals; rapeseed seeds, oil and meal; honey, eggs and albumins, poultry meat and poultry meat preparations, and sugars, and the arithmetic mean shall be calculated by dividing the sum of import volumes in 2021, 2022 and 2023 by twohree.
Amendment 123 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 8 a (new)
Article 4 – paragraph 8 a (new)
8 a. If a product covered by Article 1(1) originating in Ukraine is imported in the EU or transit by the EU, the destination for all consignments of that product should be determined prior to entry into the EU by Ukrainian authorities. Furthermore, Ukrainian authorities should provide to the European Commission the necessary documentation certifying that those consignments reached their destination.
Amendment 26 #
2023/0081(COD)
(8) The Union’s decarbonisation objectives, security of energy supply, digitalisation of the energy system and electrification of demand, for example in mobility and the need for fast recharging points, require an enormous expansion of electricity grids in the European Union, both at transmission level and at distribution level. At transmission level, high-voltage direct current (HVDC) systems are needed to connect offshore renewable energies; while at distribution level, connecting electricity providers and managing demand-side flexibility builds on investments in innovative grid technologies, such as electric vehicles smart charging (EVSC), energy efficiency building and industry automation and smart controls, advanced meter infrastructure (AMI) and home energy management systems (HEMS). The electricity grid needs to interact with many actors or devices based on a detailed level of observability, and hence availability of data, to enable flexibility, smart charging and smart buildings with smart electricity grids enabling demand side response from consumers and the uptake of renewables. Connecting the net-zero technologies to the network of the European Union requires the substantial expansion of manufacturing capabilities for electricity grids in areas such as offshore and onshore cables, substations and transformers, as well as the corresponding upgrading and adaptation of transport connectivity infrastructure to and from manufacturing sites, to ensure a supply chain approach.
Amendment 31 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments. To ensure a supply chain approach, where needed, the upgrading and adaptation of transport connectivity infrastructure to and from manufacturing sites should also benefit from faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 40 #
2023/0081(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Considering these objectives together, while also taking into account that for certain elements of the supply chain (such as inverters, as well as solar cells, wafers, and ingots for solar PV or cathodes and anodes for batteries) the Union manufacturing capacity is low, the Union manufacturing capacity of the net- zero technologies annual capacity, including strategic net- zero technologies listed in the Annex, should aim at, by 2030, approaching or reaching an overall annual manufacturing benchmark of at least 40% of annual deployment nethe levels requiered to fulfill the benchmarks and the targets imposeds by 2030 for the technologies listed in the Annex the EU legislation in the corresponding areas.
Amendment 44 #
2023/0081(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain competitiveness and reduce current strategic import dependencies in key net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive and innovation friendly. The Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way. This also implies an efficient connectivity between EU manufacturing sites and all EU markets to ensure a supply chain approach.
Amendment 51 #
2023/0081(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Member States can provide support from cohesion policy programmes in line with applicable rules under Regulation (EU) 2021/1060 of the European Parliament and of the Council57 to encourage the take up of net-zero strategictechnologies projects in less developed and transition regions through investment packages of infrastructure, productive investment in innovation, manufacturing capacity in SMEs, services, training and upskilling measure, including support to capacity building of the public authorities and promoters. The applicable co-financing rates set in programmes may be up to 85% for less developed regions and up to 60% or 70% for transition regions depending on the fund concerned and the status of the region but Member States may exceed these ceilings at the level of the project concerned, where feasible under State aid rules. The Technical Support Instrument can help Member States and regions in preparing net-zero growth strategies, improve the business environment, reducing red tape and accelerating permitting. Member States should be encouraged to promote the sustainability of net-zero strategictechnology projects by embedding these investments in European value chains, building notably on interregional and cross border cooperation networks. _________________ 57 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
Amendment 54 #
2023/0081(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) To overcome the limitations of the current fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, and Member States should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. The Net-Zero Europe Platform has a key role to play to build a comprehensive view of available and relevant funding opportunities and to discuss the individual financing needs of net-zero strategictechnologies projects.
Amendment 65 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zero technologies, including where relevant the supply chain and connectivity infrastructure, in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobs.
Amendment 67 #
2023/0081(COD)
a) that by 2030, manufacturing capacity in the Union of the net-zero techologies, including strategic net- zero technologies listed in the Annex approaches or reaches a benchmark of at least 40% of the Union’s annual deployment needs for the corresponding technologies necessary to achieve the Union’s 2030 climate and energy targets;, reaches at least 40 % of the levels requiered to fulfill the benchmarks and the targets imposed by the EU legislation in the corresponding areas; no later than 12 months from the entry in force of this Regulation, the Commission, shall provide, based on the requierements of EU legislation, indicative levels for manufacturing capacity of each net-zero techologies .
Amendment 72 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Where, based on the report referred to in Article 35, the Commission concludes that the Union is likely not to achieve the objectives set out in paragraph 1, it shall assess the feasibility and proportionality of proposing measures or exercising its powers at Union level in order to ensure the achievement of those objectivto incentivies the maufacturing capacity of net-zero tecnologies.
Amendment 73 #
2023/0081(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to net-zero technologies, except for Articles 26 and 27 of this Regulation, which apply to innovative net-zero technologies. Raw materials processed materials or components falling under the scope of Regulation (EU) …/… [add footnote with publication references of the Critical Raw Materials Regulation] shall be excluded fincluding strategic net-zero technologies, where relevant the supply chain and connectivity infrastructure, and innovative net-zerom the scope of this Regulationechnologies manufacturing projects.
Amendment 76 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells, fuel cells and liquid hydrogen technologies (liquefiers, pumps, hydrants, refuelers); advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies and all types of Carbon Removal technologies ; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products along the entire value chain. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 90 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘net-zero technology manufacturing project’ means a planned industrial facility or extension or repurposing of an existing facility manufacturing implementing net- zero technologies , including where relevant the upgrading and adaptation of supply chain and transport connectivity infrastructure;
Amendment 95 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The permit-granting process for net-zero technology manufacturing projects shall not exceed any of the following time limits: , including where relevant the upgrading and adaptation of supply chain and transport connectivity infrastructure shall not exceed 9 months.
Amendment 98 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 101 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 104 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For net-zero technology manufacturing projects for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 189 months.
Amendment 106 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The national competent authority shall ensure that the authorities concerned issue a reasoned conclusion as referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment within threewo months of receiving all necessary information gathered pursuant to Articles 5, 6 and 7 of that Directive and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 107 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The timeframes for consulting the public concerned on the environmental report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 45 days. In cases falling under the second sub-paragraph of Article 6(4), this period shall be extended to 90 days and not longer than 30 days for net-zero strategic projects recognised in accordance with Article 11.
Amendment 109 #
2023/0081(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities shall, where appropriate, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects, and all the necessary infrastructure. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 113 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The permit-granting process for net-zero strategic projects shall not exceed any of the following time limits:9 months.
Amendment 115 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 118 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
Amendment 119 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 121 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. For net-zero strategic technologies for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 129 months.
Amendment 122 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. National competent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary stepsrelevant permit granting application to be considered as approved, except. In cases where the specific project is subject to an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directive 2000/60/EC, Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, 2011/92/EU or Directive 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments concerned have not yet been carried out, or where the principle ofthe administrative tacit approval does not exist in the national legal system. This provisperiond shall not apply to final decisions on the outcome of the process, which are to be explicitbe extended by a maximum of two months. All decisions shall be made publicly available.
Amendment 123 #
2023/0081(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Accelerating and financing of implementation
Amendment 124 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. 1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private and public investments in net-zero technology manufacturing projects and net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance, such as: (a) applying the provisions of Temporary Crisis and Transition Framework, including tax benefits for producers and distributors ; (b) considering projects covered by this Regulation as priorities for financing trough ESIF; (c) accesing resources provided by Article 6 paragraph 1(b) of Regulation (EU) 2021/241, European Union Recovery Instrument; (d) considering projects covered by this Regulaties in accessing finance. on eligible for being financed by national revenues stemming from Emission Trading Scheme allowances and allocating for these projects at least 25 % of that revenues; (e) facilitating the accesion of projects covered by this Regulation to financing provided by EFSI.
Amendment 125 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. No later than December 31, 2025 the Commission shall provide an evaluation of the implementation of the Green Deal legislative framework and the level of completion of the different targets, and, taking into account of the state of play, will propose an EU financing plan in order to secure the 2030 55 % emissions reduction target.
Amendment 127 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States may provide administrative support to net-zero strategictechnologies projects to facilitate their rapid and effective implementation, including by providing:
Amendment 129 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Net-Zero Europe Platform as established in Article 28 shall discuss financial needs and bottlenecks of net-zero technology manufacturing projects and net-zero strategic projects, potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges with the relevant industrial alliances.
Amendment 130 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The Net-Zero Europe Platform shall, at the request of the net-zero strategictechnology project promoter, discuss and advise on how the financing of its project can be completed, taking into account the funding already secured and considering at least the following elements:
Amendment 137 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 138 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 144 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point c – point i a (new)
Article 28 – paragraph 4 – point c – point i a (new)
ia) C02 injection and storage capacities within their territories ;
Amendment 155 #
2023/0081(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1a. By ... [ two years after the date of aplication of this Regulation], and every two years thereafter the Commission shall review and, if necessary, update the list of net-zero technologies and strategic net- zero technologies.
Amendment 159 #
2023/0081(COD)
Proposal for a regulation
Annex I
Annex I
Strategic net-zero technologies 1 Solar photovoltaic and solar thermal technologies 2 Onshore wind, on-shore power supply/shore side electricity and offshore renewable technologies 3 Battery/storage and charging technologies 4 Heat pumps and geothermal energy technologies 5 Electrolysers and, fuel cells 6 and hydrogen storage and transportation technologies 5a Sustainable biogas/biomethane technologies 7 Carbon Capture and storage (CCS)propulsion systems such as electric motors, engines for sustainable aviation, waterborn transport and wind assisted propulsion 6 Biomethane technologies and other sustainable biofuels 6a Hydrogen based synthetic fuels technologies 7 Carbon Capture Utilisation (CCU) and and Storage (CCS) technologies as well as all types of Carbon Removal technologies, including on-board carbon capture technologies 8 Grid technologies
Amendment 168 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies, including the upgrading and adaptation of transport connectivity infrastructure to and from manufacturing sites should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 197 #
2023/0081(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategic projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most-cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition and possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 50 million tonnes of annual operational CO2 injection capacity by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solution is available ahead of demand. In order to ensure a timely, Union-wide and cost- effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production in the EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties. Licensees of oil and gas production within the EU shall make every effort within their authority to undertake the requisite investments in order to meet their respective contribution towards the 2030 objective of achieving 50 million tonnes of annual operational CO2 injection capacity. However, these efforts shall be subject to objective commercial, financial, technical, legal, and environmental limitations beyond the control of these companies, which may lead to individual storage projects, despite reasonable and commercially prudent efforts, being objectively unable to be completed by the 2030 deadline.
Amendment 225 #
2023/0081(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Considering these objectives together, while also taking into account that for certain elements of the supply chain (such as inverters, as well as solar cells, wafers, and ingots for solar PV or cathodes and anodes for batteries) the Union manufacturing capacity is low, the Union manufacturing capacity of the net- zero technologies annual capacity, including strategic net- zero technologies listed in the Annex, should aim at, by 2030, approaching or reaching an overall annual manufacturing benchmark of at least 40% of annual deployment nethe levels requiered to fulfill the benchmarks and the targets imposeds by 2030 for the technologies listed in the Annex the EU legislation in the corresponding areas.
Amendment 318 #
2023/0081(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Member States can provide support from cohesion policy programmes in line with applicable rules under Regulation (EU) 2021/1060 of the European Parliament and of the Council57 to encourage the take up of net-zero strategictechnologies projects in less developed and transition regions through investment packages of infrastructure, productive investment in innovation, manufacturing capacity in SMEs, services, training and upskilling measure, including support to capacity building of the public authorities and promoters. The applicable co-financing rates set in programmes may be up to 85% for less developed regions and up to 60% or 70% for transition regions depending on the fund concerned and the status of the region but Member States may exceed these ceilings at the level of the project concerned, where feasible under State aid rules. The Technical Support Instrument can help Member States and regions in preparing net-zero growth strategies, improve the business environment, reducing red tape and accelerating permitting. Member States should be encouraged to promote the sustainability of net-zero strategictechology projects by embedding these investments in European value chains, building notably on interregional and cross border cooperation networks. _________________ 57 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
Amendment 336 #
2023/0081(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) To overcome the limitations of the current fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, and Member States should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. The Net-Zero Europe Platform has a key role to play to build a comprehensive view of available and relevant funding opportunities and to discuss the individual financing needs of net-zero strategictechnologies projects.
Amendment 424 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) that by 2030, manufacturing capacity in the Union of the net-zero techologies, including strategic net- zero technologies listed in the Annex approaches or reaches a benchmark of at least 40% of the Union’s annual deployment needs for the corresponding technologies necessary to achieve the Union’s 2030 climate and energy targets;, reaches at least 40 % of the levels requiered to fulfill the benchmarks and the targets imposed by the EU legislation in the corresponding areas; no later than 12 months from the entry in force of this Regulation, the Commission, shall provide, based on the requierements of EU legislation, indicative levels for manufacturing capacity of each net-zero techologies .
Amendment 457 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Where, based on the report referred to in Article 35, the Commission concludes that the Union is likely not to achieve the objectives set out in paragraph 1, it shall assess the feasibility and proportionality of proposing measures or exercising its powers at Union level in order to ensure the achievement of those objectivto incentivies the maufacturing capacity of net-zero tecnologies.
Amendment 465 #
2023/0081(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to net-zero technologies, except for Articles 26 and 27 of this Regulation, which apply to innovative net-zero technologies. Raw materials processed materials or components falling undincluding strategic net-zero technologies, and innovative net-zero the scope of Regulation (EU) …/… [add footnote with publication references of the Critical Raw Materials Regulation] shall be excluded from the scope of this Regulationechnologies manufacturing projects.
Amendment 491 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells, fuel cells and liquid hydrogen technologies (liquefiers, pumps, hydrants, refuelers); advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies and all types of Carbon Removal technologies ; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products along the entire value chain. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final and by Directive (EU) 2018/2001.
Amendment 513 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from theand their related fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 552 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘net-zero technology manufacturing project’ means a planned industrial facility or extension or repurposing of an existing facility manufacturing, including the supply chain, using net-zero technologies;
Amendment 561 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
Amendment 673 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The permit-granting process for net-zero technology manufacturing projects shall not exceed any of the following time limits:9 months.
Amendment 679 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 688 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 701 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For net-zero technology manufacturing projects for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 189 months.
Amendment 730 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The national competent authority shall ensure that the authorities concerned issue a reasoned conclusion as referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment within threewo months of receiving all necessary information gathered pursuant to Articles 5, 6 and 7 of that Directive and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 734 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The timeframes for consulting the public concerned on the environmental report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 45 days. In cases falling under the second sub-paragraph of Article 6(4), this period shall be extended to 90 days and not longer than 30 days for net-zero strategic projects recognised in accordance with Article 11.
Amendment 745 #
2023/0081(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities shall, where appropriate, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects, and all the necessary infrastructure. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 910 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The permit-granting process for net-zero strategic projects shall not exceed any of the following time limits:9 months.
Amendment 915 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 918 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
Amendment 922 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 925 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. For net-zero strategic technologies for which a yearly manufacturing capacity is not measured in GW, the permit-granting process shall not exceed a time limit of 129 months.
Amendment 928 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. National competent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary stepsrelevant permit granting application to be considered as approved, except. In cases where the specific project is subject to an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directive 2000/60/EC, Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, 2011/92/EU or Directive 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments concerned have not yet been carried out, or where the principle ofthe administrative tacit approval does not exist in the national legal system. This provisperiond shall not apply to final decisions on the outcome of the process, which are to be explicitbe extended by a maximum of two months. All decisions shall be made publicly available.
Amendment 937 #
2023/0081(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
14 Accelerating and financing of implementation
Amendment 938 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private and public investments in net-zero technology manufacturing projects and net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance, such as: (a) applying the provisions of Temporary Crisis and Transition Framework, including tax benefits for producers and distributors ; (b) considering projects covered by this Regulation as priorities for financing trough ESIF; (c) accesing resources provided by Article 6 paragraph 1(b) of Regulation (EU) 2021/241, European Union Recovery Instrument; (d) considering projects covered by this Regulaties in accessing finance. on eligible for being financed by national revenues stemming from Emission Trading Scheme allowances and allocating for these projects at least 25 % of that revenues; (e) facilitating the accesion of projects covered by this Regulation to financing provided by EFSI.
Amendment 948 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. No later than December 31, 2025 the Commission shall provide an evaluation of the implementation of the Green Deal legislative framework and the level of completion of the different targets, and, taking into account of the state of play, will propose an EU financing plan in order to secure the 2030 55 % emissions reduction target.
Amendment 956 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States may provide administrative support to net-zero strategictechnologies projects to facilitate their rapid and effective implementation, including by providing:
Amendment 971 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Net-Zero Europe Platform as established in Article 28 shall discuss financial needs and bottlenecks of net-zero technology manufacturing projects and net-zero strategic projects, potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges with the relevant industrial alliances.
Amendment 985 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The Net-Zero Europe Platform shall, at the request of the net-zero strategictechnology project promoter, discuss and advise on how the financing of its project can be completed, taking into account the funding already secured and considering at least the following elements:
Amendment 1013 #
2023/0081(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
An annual injection capacity of at least 50 million tonnes of CO2 shall be achieved by 2030, in storage sites located in the territory of the European Union and the EEA, its exclusive economic zones or on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS) and which are not combined with Enhanced Hydrocarbon Recovery (EHR).
Amendment 1019 #
2023/0081(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Every 2 years after the entry into force of the Regulation [introduce date], the European Commission shall report on the progress achieved towards the EU annual injection capacity target. The report shall look in particular at the geographical balance of storage sites across the EU
Amendment 1025 #
2023/0081(COD)
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
By 1st January 2026, and as part of its 2040 climate change target plan, the European Commission shall propose a 2040 annual injection capacity target.
Amendment 1038 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) oblige entities holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC of the European Parliament and of the Council71 on their territory to make publicly available all geological data relating to production sites that have been decommissioned orand whose decommissioning has been notified to the competent authority and greened and certified by an independent laboratory after at least one year from the completion of the ecological operations . _________________ 71 Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, p. 3).
Amendment 1048 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) CO2 capture projects in progress and an estimation of the corresponding needs for injection and storage capacities and CO2 transport taking into account environmental safety and applicable population protection measures;
Amendment 1052 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) CO2 storage and transport projects in progress on its territory, including the status of permitting under Directive 2009/31/EC, expected dates for Final Investment Decision (FID) and entry into operation;
Amendment 1062 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the national support measures that couldhave and will be adopted to prompt projects referred to in points (a) and (b).
Amendment 1064 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c a (new)
Article 17 – paragraph 2 – point c a (new)
(ca) the national support measures to ensure that the CO2 storage and transport projects respect the principles of third- party access, ownership unbundling, non- discriminatory tariffs and transparency, as defined in Directive 2009/73/EC;
Amendment 1068 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c b (new)
Article 17 – paragraph 2 – point c b (new)
(cb) bilateral agreements made to facilitate cross-border transportation of CO2;
Amendment 1072 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Should the report referred to in paragraph 2 show that no CO2 storage projects are in progress on their territory, Member States shall report on plans to facilitate the decarbonisation of industrial sectors faced with unavoidable CO2 emissions. This should include cross- border transport of CO2 to storage sites located in other Member States, as well as CO2 utilisation projects.
Amendment 1085 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each entity holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC shall be subject to an individual indicative contribution to the Union- wide target for available CO2 injection capacity set in Article 16. Those individual contributions shall be calculated pro-rata on the basis of each entity’s share in the Unthe CO2 emission’s crude oil and natural gas productionfrom the industry sector from 1 January 2020 to 31 December 2023 and shall consist of CO2 injection capacity in a storage site permitted in accordance with Directive 2009/31/EC on the geological storage of carbon dioxide and available to the market by 2030. The individual indicative contributions shall be fulfilled taking into account factors such as geology, stratigraphy, hydrogeology, seismicity, population distribution at the surface of the complex, etc., factors that significantly influence the safety of the injection capacity.
Amendment 1099 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Within 12 months after the entry into force of this Regulation, Member States shall submit rolling plans to the Commission, outlining the proposal for tender licenses to explore geological structures suitable for permanent CO2 storage.
Amendment 1126 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 5 – point b
Article 18 – paragraph 5 – point b
(b) enter into agreements with other entities referred to in paragraph 1, thereby considering the overall aim of increasing regional storage capacity across the EU;
Amendment 1130 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 5 – point c a (new)
Article 18 – paragraph 5 – point c a (new)
(ca) The CO2 infrastructure projects should respect the principles of third- party access, ownership unbundling, non- discriminatory tariffs and transparency, as defined in Directive 2009/73/EC.
Amendment 1136 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Two years after the entry into force of the Regulation and every year thereafter, the entities referred to in paragraph 1 shall submit a progress report to the Competent Authority of the Member State where a storage project is located and the Commission, detailing their progress towards meeting their contribution. The Commission shall make these reports public. The progress report for each planned CO2 storage project shall contain prerequisites and information about the achievement of CO2 injection capacity as specified in paragraph 1; shall encompass commercial, financial, technical, legal, and environmental prerequisites and information and shall include a final assessment.
Amendment 1143 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. The Commission and Member States shall adopt appropriate measures to facilitate and encourage compliance with the requirements outlined in this Article. Such measures may encompass incentivizing emitters to effectively capture emissions, providing financial assistance to investors for the development of necessary infrastructure for CO2 transportation to designated storage sites, and, where necessary, directly funding projects related to CO2 storage.
Amendment 1148 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 6 b (new)
Article 18 – paragraph 6 b (new)
6b. By way of derogation from Article 18, paragraph 1, in the event of circumstances beyond the control of the submitting entity, the competent authorities of a Member State are empowered to grant authorization for the extension of the deadline by which the associated CO2 injection capacity shall be made available, as prescribed in Article 16, or to allow for the implementation of alternative measures in accordance with paragraph 5 of this Article, with the objective of contributing to the CO2 storage target.
Amendment 1229 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 1263 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1426 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point c – point i a (new)
Article 28 – paragraph 4 – point c – point i a (new)
ia) C02 injection and storage capacities within their territories ;
Amendment 1505 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 7 a (new)
Article 31 – paragraph 7 a (new)
7a. On the basis of the reports referred to in Article 16 (2), Article 18 (4) and submitted by entities referred to in Article 18 (1) by 31 January 2025 the Commission shall assess and submit a report to the European Parliament and to the Council on the effectiveness of this Regulation, accompanied by a review if deemed necessary.
Amendment 1513 #
2023/0081(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1a. By ... [ two years after the date of aplication of this Regulation], and every two years thereafter the Commission shall review and, if necessary, update the list of net-zero technologies and strategic net- zero technologies.
Amendment 1536 #
2023/0081(COD)
Proposal for a regulation
Annex I – table 1
Annex I – table 1
1. Solar photovoltaic and solar thermal technologies 2. Onshore wind and offshore renewable technologies 3. Battery/storage technologies 4. Heat pumps and geothermal energy technologies 5. Electrolysers and fuel cells 6. Sustainable biogas/biomethane technologies 7. Carbon Capture and storage (CCS) technologies 8. Grid technologies 8a. Technologies to produce energies from nuclear processes and their related fuel cycle.
Amendment 571 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP please insert: 3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority which shall be responsible for facilitating and, coordinating and streamlining the permit- granting process for critical raw material projects and provide information on the elements referred to in Article 17.
Amendment 683 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available upon a free access websitereasoned request. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 538 #
2023/0077(COD)
By 1 December 2024, the ENTSO for Electricity shall submit to ACER a report about the possible implementation of practical solutions addressing market participants’ hedging needs. The report shall assess at least, but not limited to, the frequency of the auctions, the maturities of the products, the development of secondary markets, the obligations concerning financial transmission rights, the process on cost-recovery to handle any financial risks and potential losses, the timeline for implementation, the appropriateness of regional coordination and decision-making for alternative measures, including the possible establishment of regional virtual hubs.
Amendment 546 #
2023/0077(COD)
1. By 1 December 2024 the ENTSO for Electricity shall submit to ACER, after having consulted ESMA, a proposal for the establishment of regional virtual hubs for the forward market. The proposal shallWithin 24 months after [the entry into force of this Regulation] the Commission shall perform a study about the possible establishment of regional virtual hubs for the forward markets, and shall present it to European Parliament and Council, and where appropriate revise the Commission Regulation (EU) 2016/1719 in accordance with Article 59, that establishes the design referred to in paragraph 1. This study shall in particular assess:
Amendment 550 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point a
Article 9, paragraph 1, point a
(a) define the geographical scope of the regional virtual hubs for the forward market, including the bidding zones constituting these hubs, and specific situations of bidding zones belonging to more than one virtual hub, aiming to maximise the price correlation between the reference prices and the prices of the bidding zones constituting regional virtual hubs;
Amendment 551 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point aa new
Article 9, paragraph 1, point aa new
(aa) the impact of regional virtual hubs on the forward markets, the transmission system operators, the market participants and end-consumers and the potential benefits and drawbacks that regional virtual hubs would bring compared to the existing zonal model;
Amendment 553 #
2023/0077(COD)
(b) include a methodology for the calculation of the reference prices for the regional virtual hubs for the forward market, and the underlying methodology, aiming to maximise the correlations between the reference price and the prices of the bidding zones constituting a regional virtual hub; such methodology shall be applicable to all virtual hubs and based on predefined objective criteria ;
Amendment 556 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point c
Article 9, paragraph 1, point c
(c) include a definition of financial long-term transmission rights from bidding zones to the regional virtual hubs for the forward market and the need to offer trading of long-term transmission rights between each bidding zone and the regional virtual hub;
Amendment 557 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 6 Regulation (EU) 2019/943
(d) the maximiseation of the trading opportunities for hedging products referencing the virtual hubs for the forward market as well as for long term transmission rights from bidding zones to regional virtual hubs .
Amendment 562 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 2
Article 9, paragraph 2
Amendment 571 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 3
Article 9, paragraph 3
3. The entity operating the single allocation platform established in accordance with Regulation (EU) 2016/1719 shall have a legal form as referred to in Annex II to Directive (EU) 2017/1132 of the European Parliament and of the Council.
Amendment 574 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 4
Article 9, paragraph 4
4. The single allocation platform shall: , on behalf of the transmission system operators, shall issue long-term transmission rights or have equivalent measures in place to allow for market participants to hedge price risks across bidding zone borders, unless an assessment of the forward market on the bidding zone borders performed by the competent regulatory authorities shows that there are sufficient hedging opportunities in the concerned bidding zones. Long-term transmission rights shall be allocated on a regular basis, in a transparent, market based and non- discriminatory manner and shall have a range of maturities of up to at least three years ahead. The frequency of allocation of the long-term cross-zonal capacity shall support the efficient functioning of the forward market. All TSOs should develop an approach that is aiming to increase the volume of cross-zonal capacities in forward markets and liquidity.
Amendment 582 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 5
Article 9, paragraph 5
5. Where a regulatory authoritythe study referred to in paragraph -1a considers that there are insufficient hedging opportunities available for market participants, and after consultation of relevant financial market competent authorities in case the forward markets concern financial instruments as defined under Article 4(1)(15), itnational regulatory authorities may require power exchanges or transmission system operators to implement market-based tendering processes for the establishment of additional measures, such as market- making activities, to improve the liquidity of the forward market. Subject to compliance with Union competition law and with Directive (EU) 2014/65 and Regulations (EU) 648/2012 and 600/2014, market operators shall be free to develop forward hedging products, including long- term forward hedging products, to provide market participants, including owners of power-generating facilities using renewable energy sources, with appropriate possibilities for hedging financial risks against price fluctuations. Member States shall not require that such hedging activity may be limited to trades within a Member State or bidding zone.
Amendment 630 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a, paragraph 1a new
Article 19a, paragraph 1a new
1a. To facilitate the conclusion of PPAs, Member States shall ensure that all possibilities offered under Article 19 of Directive EU 2018/2001 regarding guarantees of origin are used. It shall be ensured that guarantees of origin are issued to all producers of energy from renewable sources, even those that receive financial support from a Member State support scheme, to enable renewable power to be tracked and traded across borders and to remove this existing barrier to long term PPAs.
Amendment 638 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a, paragraph 2
Article 19a, paragraph 2
2. Member States shall ensure that instruments such as guarantee schemes at market prices,, in a coordinated way and where appropriate with the support of the European Investment Bank (‘EIB’), may put in place instruments to reduce the financial risks associated to off- taker payment default in the framework of PPAs are in place andnd make them accessible to customers that face entry barriers to the PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU. Such instruments may include guarantee schemes at market prices. For this purpose, Member States shall take into account Union-level instruments and tools such as standardised template contracts, to be developed jointly with the EIB. Member States shall determine what categories of customers are targeted by these instruments, applying non- discriminatory criteria, and considering at least, but not limited to, SMEs, households, including via aggregators, renewable energy communities and suppliers with no generation assets. As the market evolves and the PPA uptake increases, the use of instruments such as guarantee schemes at market prices shall be reassessed.
Amendment 887 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 c – paragraph 7 b (new)
Article 19 c – paragraph 7 b (new)
7b. By 1 December 2024, ACER, in consultation with ENTSO for electricity and EU DSO Entity, shall identify the system data requirements that will support the amount of demand response identified by the flexibility needs assessments. Such system data requirements shall include a timetable for the digitalisation of the power network.
Amendment 889 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d – Title
Article 19 d – Title
Amendment 924 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 1
Article 19 e – paragraph 1
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider the promotion of the participation of non-fossil flexibility such as demand side response and energy storage by introducing additional criteria or features in the design of the capacity mechanism.
Amendment 940 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 2
Article 19 e – paragraph 2
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibility such as demand response and energy storage in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with 19d, Member States may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and energy storage.
Amendment 952 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 3
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 flexibility such as demand side response and energy storage.
Amendment 965 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1
Article 19 f – paragraph 1
Flexibility support scheme for non-fossil flexibility such as demand response and energy storage applied by Member States in accordance with Article 19e(2) and (3) shall:
Amendment 975 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1 – point b
Article 19 f – paragraph 1 – point b
(b) be limited to new investments in non-fossil flexibility not using unabated fossil fuels such as demand side response and energy storage;
Amendment 109 #
2022/0396(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(21) of Directive 2008/98/EC, and with the requirement set in paragraph 2 of Article 4 of the same Directive, which foresees that specific waste streams may depart from the hierarchy where this is in line with life- cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packagingand recycling of packaging while delivering the best environmental outcome. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
Amendment 158 #
2022/0396(COD)
Proposal for a regulation
Recital 61
Recital 61
Amendment 171 #
2022/0396(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large-white goods and transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use ofIn accordance with Article 4 §2 of Directive 2008/98/EC, restriction shall not apply for single -use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be alloweddelivering a better overall environmental outcome justified by life- cycle thinking, as well as a better overall economic and health impact. In accordance with Article 4 §2 of Directive 2008/98/EC, restriction shall not apply for single-use packaging delivering a better overall environmental outcome justified by life-cycle thinking, as well as a better overall economic and health impact.
Amendment 175 #
2022/0396(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer. The targets should be calculated as a percentage of sales in reusable packaging within a system for re-use or through refill or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.
Amendment 216 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4a) `plastic packaging’ means a packaging that is wholly or predominantly (i.e. more than 50%) made of plastic.
Amendment 222 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘composite packaging’ means a unit of packaging made of two or more different materials, excluding materials used for labels, closures and sealing, which cannot be separated manually and therefore form a single integraloatings, linings, paints, inks, adhesives, closures and sealing which are considered as part of the weight of the main packaging material, which cannot be separated manually and therefore form a single integral unit, unless a given material constitutes an insignificant part of the packaging unit and in no case more than 15% of the total mass of the packaging unit;
Amendment 246 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 37
Article 3 – paragraph 1 – point 37
(37) ‘innovative packaging’ means a form of packaging that is manufactured using new materials, design or production processes, resulting in a significant improvement in the functions of packaging, such as containment, protection, handling, delivery or presentation of products, and in demonstrable environmental benefits, with the exception of packaging that is the result of modification of existing packaging for the sole purpose of improved presentation of products and marketing;
Amendment 248 #
2022/0396(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(21) of Directive 2008/98/EC, with the requirement set in paragraph 2 of Article 4 of the same Directive, which foresees that specific waste streams may depart from the hierarchy where this is and in line with life-cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packagingand recycling of packaging while delivering the best environmental outcome. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
Amendment 360 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging or biobased content:
Amendment 362 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 366 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).
Amendment 378 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging or biobased content:
Amendment 380 #
2022/0396(COD)
Amendment 382 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(aa) Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.
Amendment 384 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
Article 7 – paragraph 3 – point d a (new)
(da) packaging for non-medical products which should be manufactured to ISO standard 15378 to ensure the safety and quality of the product for consumer health.
Amendment 390 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging nor to bio-based plastic packaging, to lacquers, inks, adhesives, cold seal, varnishes, primers, glues, coatings and all liquid process components used on packaging.
Amendment 396 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of either recycled or biobased content used in the plastic packaging.
Amendment 409 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 411 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. As of 1 January 2029, the calculation and verification of the percentage of recycled content contained in plastic packaging under paragraph 1 shall comply with the rules laid down in the implementing act referred to in paragraph 7.
Amendment 427 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities.
Amendment 437 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin protected under Union legislation.
Amendment 444 #
2022/0396(COD)
Proposal for a regulation
Recital 62
Recital 62
Amendment 461 #
2022/0396(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large-white goods and transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use ofIn accordance with Article 4(2) of Directive 2008/98/EC, restriction shall not apply for single -use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be alloweddelivering a better overall environmental outcome justified by life- cycle thinking, as well as a better overall economic and health impact.
Amendment 468 #
2022/0396(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer. The targets should be calculated as a percentage of sales in reusable packaging within a system for re-use or through refill or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.
Amendment 519 #
2022/0396(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 556 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 575 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 590 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 608 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 619 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 633 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 18 a (new)
Article 3 – paragraph 1 – point 18 a (new)
(18a) ‘plastic packaging’ means a packaging that is wholly or predominantly (i.e. more than 50%) made of plastic.
Amendment 640 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
Amendment 643 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘composite packaging’ means a unit of packaging made of two or more different materials, excluding materials used for labels, closures and sealing, which cannot be separated manually and therefore form a single integraloatings, linings, paints, inks, adhesives, closures and sealing which are considered as part of the weight of the main packaging material, which cannot be separated manually and therefore form a single integral unit, unless a given material constitutes an insignificant part of the packaging unit and in no case more than 15% of the total mass of the packaging unit;
Amendment 652 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 664 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 676 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 723 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15
Article 26 – paragraph 15
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas and if it is not technically feasible to use reusable packaging or to obtain access to the infrastructure necessary for the functioning of a re-use system.
Amendment 732 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. Economic operators shall be exempted from the obligation to meet the targets in this article when duly justified by concerns related to public health, food hygiene and safety, product integrity or environmental issues.
Amendment 735 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15 b (new)
Article 26 – paragraph 15 b (new)
15b. Economic operators shall be exempted from the obligation to meet the targets in this article if, in accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, they can show that alternative packaging formats deliver a better overall environmental outcome justified by life-cycle thinking, as well as a better overall economic and human health impact.
Amendment 739 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 – point a
Article 26 – paragraph 16 – point a
Amendment 747 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 – point c
Article 26 – paragraph 16 – point c
Amendment 779 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2029, Member States shall ensure that systems are set up to provide for the return and separate collection of 90% of all packaging waste from the end users for each packaging format listed in Table 1 of Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 790 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3a. By 1 January 2029, the final distributor making available on the market food and beverages filled and consumed within the premises in the HORECA sector shall ensure that separate collection systems are set up for the different fractions of packaging waste materials, to help the consumer sort packaging waste.
Amendment 793 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 3 b (new)
Article 43 – paragraph 3 b (new)
3b. By 1 January 2029, Member States shall ensure that, in public spaces, separate collection systems are set up for the different fractions of packaging waste materials used in sales packaging in the market of food and beverages filled and consumed for take-away, to help the consumer sort packaging waste.
Amendment 808 #
2022/0396(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point b
Article 45 – paragraph 2 – point b
Amendment 809 #
2022/0396(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point c
Article 45 – paragraph 2 – point c
Amendment 812 #
2022/0396(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Composite packaging and other packaging composed of more than one material shall be calculated and reported per material contained in the packaging. Member States may derogate from this requirement where a given material constitutes an insignificant part of the packaging unit, and in no case more than 15 % of the total mass of the packaging unit.
Amendment 822 #
2022/0396(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. By [OP: Please insert the date = 24 months after the date of entry into force of this Regulation], Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Failure to comply with the requirements of Articles 21 to 26 shall be sanctioned by an administrative fine imposed on the relevant economic operator.
Amendment 823 #
2022/0396(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
Amendment 838 #
2022/0396(COD)
Proposal for a regulation
Annex V
Annex V
Amendment 1114 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging or biowaste content:
Amendment 1125 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 1139 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).
Amendment 1174 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging or biobosed content:
Amendment 1176 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 1189 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)
Article 7 – paragraph 2 – subparagraph 1 (new)
Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.
Amendment 1211 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. packaging for non-medical products which shall be manufactured to ISO standard 15378 to ensure the safety and quality of the product for consumer health.
Amendment 1216 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging nor to bio-based plastic packaging, to lacquers, inks, adhesives, cold seal, varnishes, primers, glues, coatings and all liquid process components used on packaging. .
Amendment 1241 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of either recycled or biobased content used in the plastic packaging.
Amendment 1268 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1279 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. As of 1 January 2029, the calculation and verification of the percentage of recycled content contained in plastic packaging under paragraph 1 shall comply with the rules laid down in the implementing act referred to in paragraph 7.
Amendment 1419 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin protected under Union legislation.
Amendment 1693 #
2022/0396(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 1802 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1832 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 1867 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 1888 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 1914 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 1950 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
Amendment 1966 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 1991 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 2020 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 2108 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15
Article 26 – paragraph 15
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas and if it is not technically feasible to use reusable packaging or to obtain access to the infrastructure necessary for the functioning of a re-use system.
Amendment 2114 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
Amendment 2122 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15 b (new)
Article 26 – paragraph 15 b (new)
15b. Economic operators shall be exempted from the obligation to meet the targets in this article if, in accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, they can show that alternative packaging formats deliver a better overall environmental outcome justified by life-cycle thinking, as well as a better overall economic and human health impact.
Amendment 2132 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 – point a
Article 26 – paragraph 16 – point a
Amendment 2143 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 – point c
Article 26 – paragraph 16 – point c
Amendment 2302 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2029, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users for each packaging format listed in Table 1 of Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2349 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2029, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users for each packaging format listed in Table 1 of Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 34 #
2022/0379(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to strengthen the development of cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, to allow public administrations in the Union to cooperate and make public services function across borders. The existing informal cooperation should be replaced with a clear legal framework to enable interoperability across different administrative levels and sectors and to ensure seamless cross-border data flows for truly European digital services. Public sector interoperability has an important impact on the right to free movement of goods and, services, capital and citizens laid down in the Treaties, as burdensome administrative procedures can create significant obstacles, especially for small and medium-sized enterprises (‘SMEs’).
Amendment 38 #
2022/0379(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Member States and the Union have been working for more than two decades to support the modernisation of administrations through digital transformation and foster the deep interconnections needed for a truly European digital space. The use of electronic data should be considered as an important strategic activity and policy to improve the public sector connection. The communication from the Commission ‘2030 Digital Compass: the European way for the Digital Decade’ (COM(2021) 118) underlines the need to speed up the digitalisation of public services by 2030, including by ensuring interoperability across all levels of government and across public services. Furthermore, the COVID- 19 pandemic increased the speed of digitalisation, pushing public administrations to adapt to the online paradigm, including for cross-border digital public services, as well as for the smarter and greener use of technologies in accordance with the climate and energy targets set in the European Green Deal and the Regulation (EU) 2021/1119 of the European Parliament and of the Council36. This Regulation aims to significantly contribute to these Union goals by creating a structured cooperation framework on cross-border interoperability amongst Member States and the Commission to support the setup of digital public services, helping to reduce cost and time for citizens, businesses and for the public sector itself. _________________ 36 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
Amendment 41 #
2022/0379(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The new governance structure should havallow local and regional authorities to have a fair say concerning the pace and degree of implementation in line with the principle of subsidiarity. This would give the governance structure a legal mandate to drive the further development of the European Interoperability Framework and other common interoperability solutions, such as specifications and applications. Local and regional authorities should not be expected to go beyond their means in terms of available funding because of tasks concerning interoperability implementation. Furthermore, this Regulation should establish a clear and easily recognisable label for some interoperability solutions. The creation of a vibrant community around open government technology solutions should be fostered.
Amendment 44 #
2022/0379(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to make the process sufficiently democratic and bottom up, citizens, business and SMEs of European Member States should have a say concerning priorities of interoperability solutions. To this end, in line with the objective of the Interoperable Europe Act, local and regional authorities may conduct direct consultations with citizens, business and SMEs once every two years, in order to survey which interoperability solutions citizens deem to be of priority. The European Commission shall allocate appropriate financial support for local and regional authorities to conduct such dialogues with their citizens. Local and regional authorities shall share the results of the consultations with the Interoperable Europe Board and the Interoperable Europe community.
Amendment 53 #
2022/0379(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Cross-border interoperability is not solely enabled via centralised Member State digital infrastructures, but also through a decentralised approach. This entails data exchange between local administrations in different Member States without necessarily going through national nodes. Therefore, it is necessary to develop common solutions across all administrative levels, particularly for specifications and applications. Needs for cross-border digital interactions are increasing, which requires solutions that can fulfil these needs. With this Regulation, the intention is to facilitate and encourage the exchange between all levels of administration and to contribute to government efficiency, and reduce administrative burdens and costs for citizens and businesses.
Amendment 55 #
2022/0379(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Cross-border interoperability is not solely enabled via centralised Member State digital infrastructures, but also through a decentralised approach. This entails a strong connection of trust between public administrations and a constant data exchange between local administrations in different Member States without necessarily going through national nodes. Therefore, it is necessary to develop common solutions across all administrative levels, particularly for specifications and applications. Needs for cross-border digital interactions are increasing, which requires solutions that can fulfil these needs. With this Regulation, the intention is to facilitate and encourage the exchange between all levels of administration.
Amendment 59 #
2022/0379(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Interoperability facilitates successful implementation of policies, in particular those with a strong public sector connection, such as justice and home affairs, taxation and customs, transport and energy, health, agriculture, employment, as well as in business and industry regulation. However, a single sector interoperability perspective is associated with the risk that the adoption of different or incompatible solutions at national or sectoral levels will give rise to new electronic barriers that impede the proper functioning of the internal market and the associated freedoms of movement. Furthermore, it risks undermining the openness and competitiveness of markets and the delivery of services of general interest to businesses and citizens. Therefore, this Regulation should also facilitate, encourage and apply to cross- sector interoperability.
Amendment 63 #
2022/0379(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) To set up cross-border interoperable public services, it is important to focus on the interoperability aspect as early as possible in the policymaking process. Therefore, the public organisation that intends to set up a new or to modify an existing network and information system that is likely result in high impacts on the cross-border interoperability, should carry out an interoperability assessment. This assessment is necessary to understand the magnitude of impact of the planned action and to propose measures to reap up the benefits and address potential costs. The interoperability assessment should be mandatory in three cases, which are in scope for cross-border interoperability. In In order to ensure the smooth implementation of the interoperability assessment, the Interoperable Europe Board should publish specific guidelines on which services are covered by the directive. The interoperability assessment should be mandatory in three cases, which are in scope for cross-border interoperability. In cases where an interoperability assessment is mandatory, the Commission shall ensure that the resources for the additional costs incurred are made available to local and regional authorities. In other situations, the public organisations may decide to carry out the interoperability assessment on a voluntary basis.
Amendment 77 #
2022/0379(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) At the moment, the Union’s public services delivered or managed electronically depend in many cases on non-Union providers. It is in the Union’s strategic interest to ensure that it retains and develops essential technological capacities to secure its Digital Single Market, and in particular to ensure service delivery, protect critical network and information systems, and to provide key services. The Interoperable Europe support measures should help public administrations to evolve and be capable of incorporating new challenges and new areas in cross-border contexts. Interoperability between data processing services is a condition for avoiding technological lock-in, saving development cost, enabling technical developments, and fostering innovation, which should boost the global competitiveness of the Union. It is also necessary to facilitate the in- parallel use of multiple data processing services with complementary functionalities. This is important, inter alia, for the successful deployment of ‘multi-cloud’ strategies, which allow customers to implement future-proof IT strategies and which decrease dependence on individual providers of data processing services.
Amendment 79 #
2022/0379(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) All levels of government should cooperate with innovative organisations, be it companies or non-profit entities, in design, development and operation of public services. Supporting GovTech cooperation between public sector bodies, Universities and start-ups and innovative SMEs, or cooperation mainly involving civil society organisations (‘CivicTech’), is an effective means of supporting public sector innovation and promoting use of interoperability tools across private and public sector partners. Supporting an open GovTech ecosystem in the Union that brings together public and private actors across borders and involves different levels of government should allow to develop innovative initiatives aimed at the design and deployment of GovTech interoperability solutions.
Amendment 83 #
2022/0379(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) It is necessary to enhance a good understanding of interoperability issues, especially among public sector employees. Continuous training is key in this respect and cooperation and coordination on the topic should be encouraged. Beyond trainings on Interoperable Europe solutions, all initiatives should, where appropriate, build on, or be accompanied by, the sharing of experience and solutions and the exchange and promotion of best practices. Moreover, in order to have high skilled specialists in this field, the Commission shall ensure the financial support through measures such as: investing in digital education, research and development, through continuous lifelong learing training, supporting digital innovations, providing increased and broader access to easily readable and interoperable high quality industrial and public data, increasing the general availability of digital skills at local and regional level;
Amendment 85 #
2022/0379(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Advancing public sector interoperability needs the active involvement and commitment of experts, practitioners, users and the interested public across Member States, across all levels of government, national, regional and local and involving international partners, Universities and the private sector. In order to tap into their expertise, skills and creativity, a dedicated open forum (the ‘Interoperable Europe Community’) should help channel feedback, user and operational needs, identify areas for further development and help scope priorities for EU interoperability cooperation. The establishment of the Interoperable Europe Community should support the coordination and cooperation between the strategic and operational key players for interoperability.
Amendment 90 #
2022/0379(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) An Interoperable Europe Agenda should be established as the Union’s main instrument for the coordination of public investments in interoperability solutions and digital infrastructure. It should deliver a comprehensive overview of funding possibilities and funding commitments in the field, integrating where appropriate the related Union programmes. This should contribute to creating synergies and coordinating financial support related to interoperability and digital infrastructure development and avoiding duplication.
Amendment 91 #
2022/0379(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) The future Interoperable Europe Agenda should be in line with the principles of the Digital Europe Programme, the central programme for digital in the MFF. It aims to accelerate economic recovery and drive the digital transformation of Europe and it is designed to fill the gap between research and deployment of digital technologies. It will bring the results of research to the market for the benefit of Europe's citizens and businesses, in particular small and medium-sized enterprises SMEs.
Amendment 92 #
2022/0379(COD)
Proposal for a regulation
Recital 35 b (new)
Recital 35 b (new)
(35b) Since the objective of this Regulation is to promote the cross-border interoperability of network and information systems which are used to provide or manage public services in the Union, the Union should strengthen investments in a range of areas, including, supercomputing and data processing capacities, core artificial intelligence (AI) capacities such as data spaces and libraries of AI algorithms, cybersecurity, digital skills, expanding the best use of digital capacity in EU’s society and economy, support to the digitalisation of businesses and public administrations.
Amendment 93 #
2022/0379(COD)
Proposal for a regulation
Recital 35 c (new)
Recital 35 c (new)
Amendment 97 #
2022/0379(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The application of this Regulation should be deferred to threwelve months after the date of its entry into force in order to provide Member States and the institutions, bodies and agencies of the Union with sufficient time to prepare for the application of this Regulation. Such time is necessary to establish the Interoperable Europe Board and the Interoperable Europe Community and for the designation of national competent authorities and interoperability coordinators.
Amendment 100 #
2022/0379(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘cross-border services’ means data exchange between information systems of public sector bodies in different Member States and institutions, bodies, and agencies of the Union across national jurisdictions by means of dedicated functions and procedures across national jurisdictions in support of the provision of public services;
Amendment 101 #
2022/0379(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘key public services’ means a key public service as defined in Article 2, point (8), of Decision (EU) 2022/2481;”
Amendment 102 #
2022/0379(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘interoperability solution’ means a technical specification, including a standard, or another solution, includinga conceptual frameworks, a guidelines, and applications, a platform, portal or software describing legal, organisational, semantic or technical requirements to be fulfilled by a network and information system in order to enhance cross-border interoperability;
Amendment 109 #
2022/0379(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The national competent authorities and the interoperability coordinators shall provide the necessary support to carry out the interoperability assessment. The Commission may provide technical tools to support the assessment. The national competent authorities shall provide support in pre-assessing whether the intended operation falls within the scope of this Regulation.
Amendment 131 #
2022/0379(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point e a (new)
Article 8 – paragraph 1 – point e a (new)
(ea) listing best practices and knowledge sharing of technical, operational, organizational or administrative guidelines supporting interoperability and competitiveness in the context of public procurement, information security, IT integration and data management;
Amendment 132 #
2022/0379(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) allowing citizens and, businesses and SMEs and the civil society organisations to provide feedback on the published content.
Amendment 134 #
2022/0379(COD)
(ca) financial support opportunities to assist the implementation of interoperability solutions.
Amendment 143 #
2022/0379(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Regulatory sandboxes shall be operated under the responsibility of the participating public sector bodies and, where the sandbox entails the processing of personal data by public sector bodies, under the supervision of other relevant national or sub-national authorities, or where the sandbox entails the processing of personal data by institutions, bodies, and agencies of the Union, under the responsibility of the European Data Protection Supervisor.
Amendment 144 #
2022/0379(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) facilitate cross-border cooperation between national, regional and local competent authorities and synergies in public service delivery;
Amendment 145 #
2022/0379(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) facilitate the development of an open European GovTech ecosystem, including cooperation with small and medium enterprises, Universities and start- ups;
Amendment 146 #
2022/0379(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
(d) enhance authorities’ understanding of the opportunities or barriers to cross- border interoperability of innovative interoperability solutions, including legal or infrastructure barriers;
Amendment 150 #
2022/0379(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The participating public sector bodies shall ensure that, to the extent the innovative interoperability solution involves the processing of personal data or otherwise falls under the supervisory remit of other national or sub-national authorities providing or supporting access to data, the national data protection authorities and those other national or sub- national authorities are associated to the operation of the regulatory sandbox. As appropriate, the participating public sector bodies may allow for the involvement in the regulatory sandbox of other actors within the GovTech ecosystem such as national or European standardisation organisations, notified bodies, research and experimentation labs, innovation hubs, and companies wishing to test innovative interoperability solutions. Cooperation may also be envisaged with third countries establishing mechanisms to support innovative interoperability solutions for the public sector.
Amendment 154 #
2022/0379(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Commission shall organise training courses on interoperability issues at Union level to enhance cooperation and the exchange of best practices between the staff of public sector bodies, institutions, bodies and agencies of the Union. The courses shall be announced on the Interoperable Europe portal. targeted at decision-makers and/or practitioners shall be announced into all official languages of the institutions of the Union on the Interoperable Europe portal and may comprise online information sessions, video tutorials and workshops, train-the- trainers materials and guidelines for on- the-job learning.
Amendment 158 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point i a (new)
Article 15 – paragraph 2 – point b – point i a (new)
(ia) the European Parliament;
Amendment 162 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii a (new)
Article 15 – paragraph 2 – point b – point iii a (new)
(iiia) the European Cybersecurity Competence Centre and Network;
Amendment 163 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii b (new)
Article 15 – paragraph 2 – point b – point iii b (new)
(iiib) the EU Cybersecurity Agency (ENISA).
Amendment 169 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point b a (new)
Article 15 – paragraph 4 – point b a (new)
(ba) adopt guidelines on sharing the interoperability solutions reffered to in Article 4;
Amendment 175 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point p
Article 15 – paragraph 4 – point p
(p) propose measures to collaborate with international bodies and Universities that could contribute to the development of the cross- border interoperability, especially international communities on open source solutions, open standards or specifications and other platforms without legal effects;
Amendment 176 #
2022/0379(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point r
Article 15 – paragraph 4 – point r
(r) inform regularly and coordinate with the interoperability coordinators and the Interoperable Europe Community on matters concerning cross-border interoperability of network and information systems and on relevant EU-funded projects and networks.
Amendment 182 #
2022/0379(COD)
Proposal for a regulation
Article 16 – paragraph 4 – point c a (new)
Article 16 – paragraph 4 – point c a (new)
(ca) support public sector bodies, institutions, agencies or bodies of the Union in carrying out interoperability assessments.
Amendment 185 #
2022/0379(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
(f) coordinate and encourage the active involvement of a diverse range of national entities, including local and regional authorities, in the Interoperable Europe Community and their participation in policy implementation support projects as referred to in Article 9 and innovation measures referred to in Article 10;
Amendment 187 #
2022/0379(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The Member States shall ensure that the competent authority has adequate competencies and resources to carry out, in an effective and efficient manner, the tasks assigned to it. The Commission shall ensure that competent authorities of Member States receive appropriate funding and technical assistance to support the performance of related tasks.
Amendment 188 #
2022/0379(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) needs for the development of interoperability and infrastructure solutions;
Amendment 192 #
2022/0379(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Interoperable Europe Agenda shall not constitute financial obligations and further administrative burden. After its adoption, the Commission shall publish the Agenda on the Interoperable Europe portal.
Amendment 200 #
2022/0379(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point c a (new)
Article 21 – paragraph 1 – point c a (new)
(ca) the additional costs incurred by the competent authorities as a result of their work on interoperability.
Amendment 202 #
2022/0379(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
It shall apply from [312 months after the date of entry into force of this Regulation].
Amendment 112 #
2021/2180(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s second annual rule of law report and hopes that making it a core element of the EU's rule of law toolbox will lead to the removal of other duplicative mechanisms for some countries; regrets the fact that the Commission did not address in full the recommendations made by Parliament in its resolution of 24 June 2021 on the Commission’s 2020 Rule of Law Report; considers that these recommendations remain valid and reiterates them;
Amendment 145 #
2021/2180(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with satisfaction that the report contains country-specific chapters; commends the Commission’s efforts to engage with national governments and national parliaments, as well as civil society and other national actors; encourages the Commission to devote greater efforts to deepening the analysis, and invites the Commission to ensure proper resources for that including human resources, paying particular attention to the qualifications of the experts working on the reports as they must hold the necessary legal qualifications, training and professional experience in the judiciary; believes that more time should be devoted to the Commission’s country visits, including on site;
Amendment 265 #
2021/2180(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, ombudspersons, equality bodies, professional associations and other stakeholders; considers that civil society organisations should be closely involved in all phases of the review cycle; highlights that thematically structured consultations would make the process more efficient and increase the amount of valuable feedback; stresses that the consultation questionnaire should allow stakeholders to report aspects beyond the scope envisaged by the Commission;
Amendment 277 #
2021/2180(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the time limits for consultation with civil society is often too short and should be suitably adapted and flexible in order to allow for complete and comprehensive input; points out that this has made it more difficult for stakeholders to prepare and plan their contributions and awareness-raising activities, in particular if the consultation coincides with winterannual holidays; calls on the Commission to allow multilingual submisssubmissions in all official languages of the Unions; notes that consultation can be improved by ensuring follow-up with civil society actors on the input they provide;
Amendment 216 #
2021/2025(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates its calls and insistences on the need for a single monitoring mechanism on democracy, the rule of law and fundamental rights, as proposed by Parliament, to cover the full scope of Article 2 TEU valuespplying equally, objectively and fairly to all Member States, while respecting the principles of subsidiarity and proportionality, as proposed by Parliament, to cover the full scope of Article 2 TEU values; Underlines that the mechanism should consolidate and supersede existing instruments to avoid duplication, in particular the Commission's annual rule of law report, the Commission's Rule of Law Framework, the Commission's annual reporting on the application of the Charter, the Council's Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM);
Amendment 1 #
2021/2006(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Whereas methane emissions are the second-largest cause of global warming, with approximately one third of the global anthropogenic methane emissions coming from the energy sector; whereas the energy transition towards reaching climate neutrality by 2050 will require a substantial reduction in greenhouse gas (GHG)emissions from the energy sector, including in methane emissions;
Amendment 2 #
2021/2006(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Whereas the intensity of methane emissions varies widely between oil and gas producing countries; whereas oil and gas will continue to be part of the energy mix, in particular for the regions dependent on coal; taking into account the EU’s dependency on third countries for its energy supply;
Amendment 3 #
2021/2006(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Whereas the fact that methane emissions come from a wide range of sectors, like agriculture, waste and energy, and that, once in the atmosphere, methane blends well with other gases, makes it difficult to measure and report it, which leads to a lack of accurate data that gives methane emissions a relatively high uncertainty compared to CO2;
Amendment 4 #
2021/2006(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. Whereas R&I, development, improvement and implementation of fit- for-purpose and appropriately targeted technologies and practices to improve MRV and to mitigate emissions are at the backbone of effective reduction of methane emissions;
Amendment 5 #
2021/2006(INI)
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1 d. Acknowledges the work done so far by the gas industry to reduce methane emissions through voluntary initiatives, such as the OGCI, the MGP and the OGMP 2.0, and underlines the commitment shown to undertake even stronger steps to further minimise methane emissions along the entire gas value chain;
Amendment 18 #
2021/2006(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Agrees that an increased ambition of 55% GHG emission reduction by 2030 needs additional efforts to address all greenhouse gases; underlines that these efforts will mean that more investments are necessary.
Amendment 65 #
2021/2006(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the preparation of legislation for the energy sector with binding rules on monitoring, reporting and verification (MRV) and leak detection and repair, and the consideration of rules on routine venting and flaring; Underlines that a well-structured, fit for purpose MRV system, as adequately outlined by the strategy, will be core for more accurate detecting and quantifying methane emissions along the value chains and will allow better evaluation of the results of mitigation measures in place;
Amendment 111 #
2021/2006(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls the Commission to continue a close dialogue with regulators, as outlined in ACER’s Bridge beyond 2025 and the Commission’ methane strategy.
Amendment 112 #
2021/2006(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a thorough assessment of the cost efficiency of the actions proposed in the energy sector, which should consider local conditions and the specific aspects of the various parts of the value chain and provide flexibility to the industry for their implementation; Calls on the Commission to consider the existing best practices in relation to LDAR as a starting point, allowing for flexible approaches across countries and within the value chain to take into consideration local conditions in order to ensure tailored action across the Union;
Amendment 119 #
2021/2006(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Supports the design and deployment of appropriate and cost- effective methane mitigation tools that take into account the necessary flexibility for the industry to implement them at the lowest cost and in the shortest time.
Amendment 120 #
2021/2006(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Underlines that investments undertaken by infrastructure operators should be recognised within the scope of regulated activities, in order to allow the recovery of costs associated to the reduction of methane emissions, as a signal of the importance of safety and also sustainable activities, which should be incentivised by regulatory authorities; Draws attention to the case of non- regulated operators, which efforts and investments should be incentivised at national and European level;
Amendment 124 #
2021/2006(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to consider a target on renewable and decarbonised gases for 2030, as this would facilitate the development of biomethane and ensure the deployment of the most cost-efficient solutions across the Member States. Calls also for the revision of the gas market regulatory framework as soon as possible in 2021 to facilitate and incentivise the uptake of renewable and decarbonised gases;
Amendment 131 #
2021/2006(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to continue its active involvement in international initiatives, fostering cooperation with third countries to address methane emission reductions by disseminating best practices for cost- effective methane emission reductions across value chain segments and supports the EU’s diplomatic outreach campaign to fossil fuel producer countries and companies to become active in the OGMP.
Amendment 139 #
2021/2006(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls for a reinforcement of research on measurement and possible uses of methane emissions in coalmines, promoting good practices and disseminating best available technologies of regulatory and fiscal frameworks to foster also the development of commercial collection facilitating the utilization of methane from abandoned sites.
Amendment 300 #
2021/0426(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Buildings account for 40 % of final energy consumption in the Union and 36% of its energy-related greenhouse gas emissions . Therefore, reduction of energy consumption , in line with the energy efficiency first principle as laid down in Article 3 [revised EED] and defined in Article 2(18) of Regulation (EU) 2018/1999 of the European Parliament and of the Council32 and the use of energy from renewable sources in the buildings sector, the Commission Recommendation and guidelines on Energy Efficiency First (C(2021) 7014 final), and the use of energy from renewable sources in the buildings sector as part of an integrated systems’ approach to energy; stresses that energy efficiency and renewable energy use must be maximised across the entire energy value chain, across electricity, heat and gas, rather than just at individual building level, constitute important measures needed to reduce the Union’s greenhouse gas emissions. Reduced energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the Union’s energy dependency, promoting security of energy supply and, integrating the energy system, contributing to system efficiency, fostering technological developments and in creating opportunities for employment, job creation and regional development, in particular in islands and rural areas. _________________ 32 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1), outermost regions and rural areas.
Amendment 320 #
2021/0426(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Measures to improve further the energy performance of buildings should take into account different climatic conditions, including adaptation to climate change, local conditions as well as indoor climate environment and cost- effectiveness. Those measures should not affect other requirements concerning buildings such as accessibility , fire safety and seismic safety and the intended use of the building.
Amendment 328 #
2021/0426(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The energy performance of buildings should be calculated on the basis of a methodology, which may be differentiated at national and regional and local level. That includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating and air-conditioning installations, application of energy from low carbon and renewable sources, building automation and control systems, smart solutions, passive heating and cooling elements, shading, indoor air- quality, adequate natural light and design of the building. The methodology for calculating energy performance should be based not only on the season in which heating or air- conditioning is required, but should cover the annual energy performance of a building. That methodology should take into account existing European standards. The methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability, and the methodology should be based on hourly or sub-hourly time- steps. In order to encourage the use of renewable energy on-site, and in addition to the common general framework, Member States should take the necessary measures so that the benefits of maximising the use of renewable energy on-site, including for other-uses (such as electric vehicle charging points), are recognised and accounted for in the calculation methodology.
Amendment 334 #
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 fuelstand-alone heat-only 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, and of those that are part of hybrid heating solutions (hybrid heat pumps or cogeneration/fuel cells). A clear legal basis for the ban of heatstand-alone heat-only generators based on their greenhouse gas emissions or the type of fuel usedefficiency, and of heating system incompatible with the use of renewable and low-carbon fuels should support national phase-out policies and measures.
Amendment 350 #
2021/0426(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The enhanced climate and energy ambition of the Union requires a new vision for buildings: the zero-emission building, the very low energy demand of which is fully covered by energy from renewable sources where technically feasible, geographically feasible and taking into consideration the different climate conditions. All new buildings should be zero- emission buildings, and all existing buildings should be transformed into zero- emission buildings by 2050.
Amendment 352 #
2021/0426(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Different options are available to cover the energy needs of an efficient building by energy from low carbon and renewable sources: on-site renewables such as solar thermal, geo 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, waste heat or future-proof high efficiency cogeneration, all types of energy storage, demand-side flexibility and self-consumption, as well as renewable energy supplied through energy grids and networks, including renewable electricity and gases.
Amendment 371 #
2021/0426(COD)
Proposal for a directive
Recital 24
Recital 24
(24) As regards the rest of the national building stock, Member States are free to decide whether they wish to introduce minimum energy performance standards, designed at national level and adapted to national, regional and local conditions. When reviewing this Directive, the Commission should assess whether further binding minimum energy performance standards need to be introduced in order to achieve a decarbonised building stock by 2050.
Amendment 400 #
2021/0426(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33 a) The definition should also consider the climate zone factor when establishing minimum thresholds for primary energy use and renewable and low carbon energy sources, along side existing approaches at the national level. In the longer term, CO2 emissions from building materials should also be included.
Amendment 401 #
2021/0426(COD)
Proposal for a directive
Recital 33 b (new)
Recital 33 b (new)
(33 b) A deep renovations standard, if accompanied by adequate support and information, including technical assistance and training, can be a way to achieve higher emissions reduction, but it needs to offer flexibility to consider local circumstances. Local policymakers play an enabling role in designing the energy renovation market through local regulations, driving phase-out of inefficient heating and cooling systems, managing public procurement processes, and developing public-private partnerships. Renovations must be done to a high standard to effectively reduce emissions and avoid performance gaps that can make the targets harder to reach in the medium term.
Amendment 412 #
2021/0426(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Electric vehicles are expected to play a crucial role in the decarbonisation and efficiency of the electricity system, namely through the provision of flexibility, balancing and storage services, especially through aggregation. This potential of electric vehicles to integrate with the electricity system and contribute to system efficiency and further absorption of renewable and low carbon electricity should be fully exploited. Charging in relation to buildings is particularly important, since this is where electric vehicles park regularly and for long periods of time. Slow charging is economical and the installation of recharging points in private spaces can provide energy storage to the related building and integration of smart charging services and system integration services in general.
Amendment 416 #
2021/0426(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Combined with an increased share of renewable and low carbon electricity production, electric vehicles produce fewer greenhouse gas emissions. Electric vehicles constitute an important component of a clean energy transition based on energy efficiency measures, alternative fuels, renewable energy and innovative solutions for the management of energy flexibility. Building codes can be effectively used to introduce targeted requirements to support the deployment of recharging infrastructure in car parks of residential and non- residential buildings. Member States should remove barriers such as split incentives and administrative complications which individual owners encounter when trying to install a recharging point on their parking space.
Amendment 422 #
2021/0426(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Promoting green mobility is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles. A shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from transport. As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from transport and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a majormight be a barrier to the uptake of cycling, both in residential and non-residential buildings. Building codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces.
Amendment 425 #
2021/0426(COD)
Proposal for a directive
Recital 42
Recital 42
(42) In order to facilitate a competitive and innovative market for smart building services that contributes to efficient energy use and integration of low carbon and renewable energy in buildings and support investments in renovation, Member States should ensure direct access to building systems’ data by interested parties. To avoid excessive administrative costs for third parties, Member States shall facilitate the full interoperability of services and of the data exchange within the Union.
Amendment 440 #
2021/0426(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47 a) Increased technical assistance is necessary to set up and develop one-stop- shops and mobilise the right expertise. Access to trusted advice and information increases confidence and eases the process to improve energy efficiency in existing buildings, especially for private citizens. Locally operated one stop shops play a key role in ensuring coordination of supply and demand. They can help building owners and managers and help integrate individual projects into the broader strategy of the cities. They can also help prioritise worst performance buildings by establishing timelines and providing targeted support to different portions of the building stock based on construction years. One-stop-shops are also important to encourage citizens to start renovation projects through advice, research options, look for contractors, navigate through tenders and quotations, and provide support during the renovations.
Amendment 444 #
2021/0426(COD)
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49 a) When considering support policies for MEPS, special attention should be given to in-need and at-risk households, particularly to those whose security of tenure might be put at risk. The EPBD should already foresee safeguards to be implemented at national level, such as recommendations for member states to set up social support mechanisms.
Amendment 445 #
2021/0426(COD)
Proposal for a directive
Recital 49 b (new)
Recital 49 b (new)
(49 b) The energy transition represents an opportunity to improve access to better quality housing, if renovation costs are balanced as much as possible with energy savings and security of tenure is ensured. It can also help lift households out of energy and transport poverty if subsidies and public funding are made available to those with reduced access to market-price loans. Also, for public housing and rented buildings, participative models are essential for tenants to work together with the housing companies, land lords and owners associations on the scope and cost of renovations. It can help balancing costs and reinforce security of tenure. Capacity building opportunities for local housing providers should be created for better uptake of participative models and a more coordinated approach across sectors at national, regional and local level.
Amendment 447 #
2021/0426(COD)
Proposal for a directive
Recital 51 a (new)
Recital 51 a (new)
(51 a) Existing exemptions for heritage and temporary buildings must be maintained for harder to renovate public buildings such as conservation and heritage buildings while new innovative solutions are developed and tested. Technical assistance will be essential to boosting the renovation of public buildings, including financial support for replication and upscaling of pilots and demonstration projects, building on experiences developed with Horizon 2020 funding for smart cities.
Amendment 448 #
2021/0426(COD)
Proposal for a directive
Recital 51 b (new)
Recital 51 b (new)
(51 b) An ambitious and realistic timeline for Member States should be developed to phase out fossil fuels from public buildings gradually and to consider projects and investments already made at the local level. This should be seen in conjunction with the overall energy transition and matching the wide variety of building types with the appropriate solutions. This is particularly an issue in dense urban areas with multi-store buildings, where the available space for renewable installations does not meet the energy demand, even with high energy efficiency.
Amendment 455 #
2021/0426(COD)
Proposal for a directive
Recital 55
Recital 55
(55) Since local and regional authorities are critical for the successful implementation of this Directive, they should be consulted and involved, as and when appropriate in accordance with applicable national legislation, on planning issues, the development of programmes to provide information, training and awareness-raising, and on the implementation of this Directive at national or regional level. Such consultations may also serve to promote the provision of adequate guidance to local planners and building inspectors to carry out the necessary tasks. Furthermore, Member States should enable and encourage architects and planners to properly consider the optimal combination of improvements in energy efficiency, use of energy from low carbon and renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas.
Amendment 458 #
2021/0426(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Installers and builders are critical for the successful implementation of this Directive. Therefore, an adequate number of installers and builders should, through training and other measures, have the appropriate level of competence for the installation and integration of the energy efficient, low carbon and renewable energy technology required.
Amendment 463 #
2021/0426(COD)
Proposal for a directive
Recital 58 a (new)
Recital 58 a (new)
(58 a) It is important, to have flexibility, especially concerning deep energy renovation, to decide the best approach, whether a staged-pathway or a single renovation process, depending on for exemple their local market, information and financial support available. Whole life carbon emissions should be introduced progressively once conditions - support and information, technical assistance and training - are met. Different elements should be part of the standard: a consideration of the different climatic zones and average performance of the building stock; the use of renewable and low carbon energy, and broader aspects that have an impact on the quality of renovations, such as health and environmental standards, climate resilience, air quality and biodiversity.
Amendment 471 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive promotes the improvement of the energy performance of buildings and the reduction of greenhouse gas emissions from buildings within the Union, with a view to achieving a zero- emission building stock by 2050 taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-effectiveness, while respecting safety standards and technological neutrality.
Amendment 494 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
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, from a renewable energy community 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 IIIand low carbon sources;
Amendment 522 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
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 low carbon and renewable sources produced on-site or nearby;
Amendment 584 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
27. ‘vulnerable households’ means households in energy and transport poverty or households, including lower middle- income ones,income ones who face or are at risk of facing a situation of significantly limited access to employment, including self-employment, and/or to education and training, and/or to a decent standard of living and essential services, implying low capacities to adapt to the consequences of the green transition and that are particularly exposed to high energy costs and lack the means to renovate the building they occupy;
Amendment 666 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) an overview of national initiatives to promote smart technologies and well- connected buildings and communities, as well as skilling and reskilling opportunities, and education in the construction and energy efficiency sectors;
Amendment 668 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
(a b) an overview of investments in the development of the skills required by the energy transition. Both public and private stake holders are asked to plan in advance future skills and workforce needs and urgently roll out the necessary initiatives to make sure that there are sufficient and skilled workers to deliver the energy transition towards reaching the 2030 energy and climate targets;
Amendment 687 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
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, the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions; 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 low carbon and 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.
Amendment 696 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. To support the development of its building renovation plan , each Member State shall involve regional and local authorities in drafting the plans to facilitate the inclusion of local actions plans or investments and they shall carry out a public consultation on its draft building renovation plan prior to submitting it to the Commission. The public consultation shall involve in particular local and regional authorities and other socio-economic partners, including civil society and bodies working with vulnerable households and establish multi- level dialogues. Each Member State shall annex a summary of the results of its public consultation to its draft building renovation plan .
Amendment 699 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Member States and local level authorities shall take urgent action for putting forward the targeted training and education programmes and for providing the right financial support for these programmes, setting clear targets for the upskilling and reskilling of workers in strategic value-chains in line with the REPowerEU Plan.
Amendment 700 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3 b. Each Member State shall give support the Pact for Skills, welcome the creation of a Large Scale Partnership for Skills in the Offshore Renewable Energy and call on all stakeholders in the clean energy sector to work together, supported by the European Commission and Member States, for the creation of a similar Partnership for onshore renewable and low carbon energy, the importance of which was highlighted in the REPowerEU Plan;
Amendment 725 #
2021/0426(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 3
Article 5 – paragraph 1 – subparagraph 3
Those requirements shall take account of general indoor climate conditions, in order to avoid possible negative effects such as inadequate ventilation, as well as local conditions, different climate conditions and the designated function and the age of the building.
Amendment 734 #
2021/0426(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States mayshall decide to adapt or not to set or apply the requirements referred to in paragraph 1 to 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.
Amendment 755 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) as of 1 January 2027, new buildings occupied or owned by public authorities unless these buildings are residential buildings; and
Amendment 790 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 803 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall address where technically and economically feasible, in relation to new buildings, the issues of healthy indoor climate conditions, 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.
Amendment 816 #
2021/0426(COD)
Proposal for a directive
Article 8 – paragraph 2
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 encourage, in relation to buildings undergoing major renovation, high-efficiency alternative systems, in so far as that is technically, functionally and economically feasible. Member States shall encourage, in relation to buildings undergoing major renovation, the energy performance of the building envelope is retrofitted orissues of healthy indoor climate conditions, adaptation to climate change, fire safety, risks replacted, the energy performance of the building element meets minimum energy performance requirementso intense seismic activity , the removal of hazardous substances including asbestos and accessibility for persons with disabilities, in so far as that is technically, functionally and economically feasible.
Amendment 900 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c – point ii a (new)
Article 9 – paragraph 1 – point c – point ii a (new)
(ii a) Member States may require an extension of the deadline set in this paragraph, if justified and requested to the Commission and in accordance with the national building renovation plan referred to in Article 3(1)(a), with regards to specific parts of their building stock.
Amendment 922 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Member States may adjust the minimum energy performance standards or set alternative measures with equivalent effect. Member States shall document the equivalence in their roadmap referred to in Article 3(1)(b).
Amendment 952 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Where a building is renovated in order to comply with a minimum energy performance standard, Member States shall ensure compliance with the minimum energy performance requirements for building elements pursuant to Article 5 and, in case of major renovation, with the minimum energy performance requirements for existing buildings pursuant to Article 8m , while taking into consideration the different technical and economical aspects and the different starting point of each Member State.
Amendment 975 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By 31 December 2023, the Commission shall adopt delegated acts in accordance with Article 29 supplementing this Directive by establishing a common European framework for voluntary renovation passports, based on the criteria set out in paragraph 2.
Amendment 1042 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. With regard to new non-residential buildings and non-residential buildings undergoing major renovation, with more than fiveten parking spaces, Member States shall ensure:
Amendment 1044 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) the installation of at least one recharging pointducting infrastructure, namely conduits for electric cables for every parking space to enable the installation, at a later stage, of recharging points for electric vehicles;
Amendment 1053 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) the installation of pre-cablducting for every parking space to enable the installation at a later stage of recharging points for electric vehicles; and
Amendment 1057 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) at least one bicycle parking space for every car parking space, subject to local characteristics, including demographical, geographical, climate conditions and local tradition;
Amendment 1066 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 1078 #
2021/0426(COD)
2. With regard to all non-residential buildings with more than twenty 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-cablducting for at least one in two parking spaces by 1 January 2033.
Amendment 1082 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States may adjust requirements for the number of bicycle parking spaces in accordance with paragraphs 1 and 2 for specific categories of non-residential buildings where bicycles are typically less used as a means of transport and according to local needs, and where ensuring at least one bicycle parking space for every car parking space is not feasible.
Amendment 1088 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. With regard to new residential buildings and residential buildings undergoing major renovation, with more than threfive parking spaces, Member States shall ensure:
Amendment 1103 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – point b
Article 12 – paragraph 4 – point b
(b) at least two bicycle parking spaces for every dwelling subject to local characteristics, including demographical, geographical, climate conditions and local tradition..
Amendment 1116 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Member States shall ensure that the recharging points referred to in paragraphs 1, 2 and 4 are capable of smart charging and, where appropriate and functionally and technically feasible, 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].
Amendment 1122 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7 a. Member States may adjust requirements for the number of bicycle parking spaces in accordance with paragraph 4 where bicycles are typically less used as a mean of transport and according to local needs.
Amendment 1126 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 8 – introductory part
Article 12 – paragraph 8 – introductory part
8. Member States shall provide for measures in order to simplify the deployment of recharging points in new and existing residential and non-residential buildings and remove regulatory barriers, including permitting and approval procedures, without prejudice to the property and tenancy law of the Member States. Member States shall remove barriers to the installation of recharging points in residential buildings with parking spaces, in particular the need to obtain consent from the landlord or co-owners for a private recharging point for own use.
Amendment 1146 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that the building owners, tenants and managers can have direct access to their respective building systems’ data. At their requestjustified request and upon agreement of the owners, the access or data shall be made available to a third party. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 6.
Amendment 1177 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States and the EU 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.
Amendment 1186 #
2021/0426(COD)
3 a. The EU and Member States shall provide ring fenced and dedicated financing for the renovation of buildings inhabited by vulnerable households, people affected by energy and transport poverty and people living in social housing.
Amendment 1256 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 13
Article 15 – paragraph 13
13. When providing financial incentives to owners of buildings or building units for the renovation of rented buildings or building units, Member States shall ensure that the financial incentives benefit both the owners and the tenants, in particular by providing rent support or by imposing caps on rent increases.
Amendment 1270 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 2
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. Member States shall ensure that the remaining classes (B to F) 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.
Amendment 1310 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 10
Article 16 – paragraph 10
10. The validity of the energy performance certificate shall not exceed five years. However for buildings with an energy performance class A, B or C established pursuant to paragraph 2, the validity of the energy performance certificate shall not exceed 10exceed ten years.
Amendment 1347 #
2021/0426(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The database' s aggregated and anonymised building stock data shall be publicly accessible, in compliance with Union and national data protection rules. Member States shall ensure access to the full energy performance certificate for building owners, tenants and managers, and to financial institutions as regards the buildings in their investment portfolio. For buildings offered for rent or sale, Member States shall ensure access to the full energy performance certificate for prospective tenants or buyers.
Amendment 1415 #
2021/0426(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Member States shall ensure that guidance and training are made available for those responsible for implementing this Directive. Such guidance and training shall address the importance of improving energy performance, and shall enable consideration of the optimal combination of improvements in energy efficiency, reduction of greenhouse gas emissions, use of energy from low carbon and renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas. Such guidance and training may also address structural improvements, adaptation to climate change, fire safety, risks related to intense seismic activity, the removal of hazardous substances including asbestos, air pollutant emissions (including fine particulate matter) and accessibility for persons with disabilities.
Amendment 1417 #
2021/0426(COD)
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Commission is invited to continuously improve its information services, in particular the website that has been set up as a European portal for energy efficiency in buildings directed towards citizens, professionals and authorities, in order to assist Member States in their information and awareness-raising efforts. Information displayed on that website might include links to relevant European Union and national, regional and local legislation, links to Europa websites that display the National Energy Efficiency Action Plans, links to available financial instruments, as well as best practice examples at national, regional and local level. In the context of the European Regional Development Fund, the Cohesion Fund and the Just Transition Fund and the Social Climate Fund [amended SCF], the Commission shall continue and further intensify its information services with the aim of facilitating the use of available funds by providing assistance and information to interested stakeholders, including national, regional and local authorities, on funding possibilities, taking into account the latest changes in the regulatory framework.
Amendment 1433 #
2021/0426(COD)
Proposal for a directive
Annex I – point 2 – paragraph 3
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 electricitnergy mix in the country.
Amendment 1450 #
2021/0426(COD)
Proposal for a directive
Annex III – point I – paragraph 3 – introductory part
Annex III – point I – paragraph 3 – introductory part
The total annual primary energy use of a new or renovated zero-emission building shall be fully covered, to a very significant extent,on a net annual basis, by
Amendment 1452 #
2021/0426(COD)
Proposal for a directive
Annex III – point I – paragraph 3 – indent 1
Annex III – point I – paragraph 3 – indent 1
— energy from renewable sourcesand low carbon sources provided through the grid or generated on-site and fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED],
Amendment 180 #
2021/0218(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Distributed storage assets, such as domestichousehold and community batteries and batteries of electric vehicles and energy conversion assets, such as grid-connected electrolysers, have the potential to offer considerable flexibility and balancing services to the grid through aggregation. In order to facilitate the development of such services, the regulatory provisions concerning connection and operation of the storage assets, such as tariffs, commitment times and connection specifications, should be designed in a way that does not hamper the potential of all storage assets, including small and mobile ones, to offer flexibility and balancing services to the system and to contribute to the further penetration renewable electricity, in comparison with larger, stationary storage assets.
Amendment 183 #
2021/0218(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Recharging points where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment, are highly relevant to energy system integration, therefore smart charging functionalities need to be ensured. In this regard, the operation of non-publicly accessible normal charging infrastructure, for instance through smart metering systems, is particularly important for the integration of electric vehicles in the electricity system as it is located where electric vehicles are parked repeatedly for long periods of time, such as in buildings with restricted access, employee parking or parking facilities rented out to natural or legal persons.
Amendment 202 #
2021/0218(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Member States should avoid distortive situations resulting in the extensive importation of resources from third countries. A life-cycle approach should be considered and promoted in that respect.
Amendment 351 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c a (new)
Article 1 – paragraph 1 – point 1 – point c a (new)
(ca) ‘new (36b)‘renewable hydrogen’ means hydrogen: (i) the energy content of which is derived from renewable sources, (ii) the greenhouse gas emissions savings from the use of which are at least 70%, and (iii) any biomass feedstock utilised in the production of which complies with the sustainability criterial set out in Article 29 is listed in Part A of Annex IX.’
Amendment 362 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive (EU) 2018/2001
Article 2
Article 2
(1a) Article 2, (12) is replaced by the following: "(12) ‘guarantee of origin’ means an electronic document which has the sole function of providing evidence to a final customer that a given share or quantity of energy was produced from renewable sources; . The same applies to low-carbon sources that are clearly labelled as such.; " Or. en (Directive (EU) 2018/2001)
Amendment 394 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 3– paragraph 1bis (new)
(aa) Member States shall collectively ensure that the share of gaseous renewable energy– including renewable fuels of non-biological origin, biofuels, bioliquids and biogas - in the Union's gross final consumption of gas in 2030 is at least 13 %. Member States shall set national contributions to meet, collectively, this binding overall Union target no later than June 2024.
Amendment 457 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – Paragraph 3 – (b) (iii)
Article 3 – Paragraph 3 – (b) (iii)
(iia) (iii) it is produced in an installation that contributes to the EU objective to reduce the dependence on fossil fuels in line with the Joint European Action for more affordable, secure and sustainable energy set out in the Commission communication of 8 March 2022.
Amendment 509 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive (EU) 2018/2001
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
(ca) 4b. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable hydrogen and low-carbon hydrogen including through renewable hydrogen and low-carbon hydrogen purchase agreements, for tackling remaining barriers to the deployment of renewable electricity, including those related to permitting procedures. (The change from "low-carbon hydrogen" to "renewable hydrogen and low-carbon hydrogen" applies to all amendments in the rapporteur's draft report.)
Amendment 530 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive (EU) 2018/2001
Article 7 – Paragraph 1 – Subparagraph 1
Article 7 – Paragraph 1 – Subparagraph 1
(3a) "1. The gross final consumption of energy from renewable sources in each Member State shall be calculated as the sum of: (a) gross final consumption of electricity from renewable sources; (b) gross final consumption of energy from renewable sources in the heating and cooling sector; and (c) final consumption of energy from renewable sources and fuels in the transport sector. " Or. en (Directive (EU) 2018/2001)
Amendment 537 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
(EU) 2018/2001
Article 9– paragraph 1a
Article 9– paragraph 1a
1a. By 31 December 2025, each Member State shallmay agree to establish at least one joint project with one or more other Member States for the production of renewable energy. The Commission shall be notified of such an agreement, including the date on which the project is expected to become operational. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/129425 shall be deemed to satisfy this obligation for the Member States involved.; __________________ 25 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).
Amendment 574 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c b (new)
Article 1 – paragraph 1 – point 5 – point c b (new)
(cb) Member States shall ensure that applicants are allowed to submit all relevant documents also in digital form. If an applicant makes use of the digital application option, the entire permitting process including the administrative internal processes needs to be carried out digitally. Member States shall further ensure the digitalization of the public hearings and the participation procedures.
Amendment 618 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
(EU) 2018/2001
Article 15a– Paragraph 2– subparagraph 1
Article 15a– Paragraph 2– subparagraph 1
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 in the building stock, including national measures relating to substantial increases in renewables self- consumption, renewable energy communities and local energy storage, in combination with energy efficiency improvements relating to cogeneration and passive, nearly zero-energy and zero- energy buildings.
Amendment 700 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a b (new)
Article 1 – paragraph 1 – point 8 – point a b (new)
(EU) 2018/2001
Article 19– paragraph 7– point b–
Article 19– paragraph 7– point b–
(ab) Point (b) is amended as follows : "(b) whether it relates to : (i) electricity; (ii) gas, including (iii) hydrogen; or (iii(iv) heating or cooling; " Or. en ((EU) 2018/2001)
Amendment 723 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
(9b) Article 20 - new paragraph 4 Member States shall, where relevant, take the necessary actions to integrate intermittent renewable electricity in the grid while ensuring grid stability and security of supply. Such actions can relate to the development of solutions such as storage facilities and grid-balancing power plants and cogeneration plants, that participate in grid-balancing in support of intermittent renewable electricity.
Amendment 749 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
(UE) 2018/2001
Article 20a– Paragraph 3
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 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, and where appropriate based on assessment by the regulatory authority, bidirectional charging functionalities.
Amendment 756 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
(EU) 2018/2001
Article 20a– paragraph 4
Article 20a– paragraph 4
4. Member States shall ensure that all means of electricity generation, including units producing electricity from renewable sources, shall be involved in providing system and balancing services. Moreover, Member States shall ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services, of small or mobile systems such as domestic batteries and electric vehicles, both directly and through aggregation.;
Amendment 927 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point c
Article 1 – paragraph 1 – point 13 – point c
(EU) 2018/2001
Article 24
Article 24
4a. Member States shall ensure that operators of district heating or cooling systems above 25 MWth capacity are obligincentivized to connect third party suppliers of energy from renewable sources and from waste heat and cold or are obligincentivized 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:
Amendment 945 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point e
Article 1 – paragraph 1 – point 13 – point e
(EU) 2018/2001
Article 24– paragraph 8– subparagraph 2
Article 24– paragraph 8– subparagraph 2
Member States shall ensure that electricity transmission and distribution system operators take due account of the results of the assessment required under the first subparagraph in grid planning, grid investment and infrastructure development in their respective territories, while ensuring this does not bring additional constraints in grid planning.
Amendment 946 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point e
Article 1 – paragraph 1 – point 13 – point e
(EU) 2018/2001
Article 24– Paragraph 8
Article 24– Paragraph 8
Member States shall ensure that electricity transmission and distribution system operators take due account of the results of the assessment required under the first subparagraph in grid planning, grid investment and infrastructure development in their respective territories.
Amendment 79 #
2021/0214(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result indo not achieve the same level of climate ambition, there is a risk of carbon leakage, which would undermine the Union’s competitiveness on global markets. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products-intensive products on the internal market, as well as export markets, or investment into such sectors and subsectors would predominantly flow to such countries and not the Union. That cwould lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
Amendment 100 #
2021/0214(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks ofpreventing carbon leakage resulting from the increased Union climate ambition.
Amendment 109 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions. Free allocation at the level of best performers has been an adequate policy instrument for certain industrial sectors to address the risk of carbon leakage in the absence of a fair level playing field.
Amendment 117 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks tointends to complement and progressively replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAMshould be phased out only after a comprehensive transitional period between 2026 and 2030 and once the CBAM has proven to be efficient, fit for purpose, operational and tested to mitigate the risk of carbon leakage. The combined application of EU ETS allowances allocated free of charge and of the CBAM is needed to allow producers, importers and traders to adjust to the new regime and to assess the effective implementation of the CBAM but should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union as continuous trade with third countries are essential for the Union and its diversified supply chains.
Amendment 134 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. The CBAM hence might be an effective measure to lower emissions in third countries while ensuring European industry competitiveness. Reducing emissions in the Union as well as in third countries is an effective way to reduce the risk of carbon leakage. The CBAM should be seen as a step towards global pricing on carbon emissions which would further reduce the risk of carbon leakage globally.
Amendment 142 #
2021/0214(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) While the surrendering of CBAM certificates for EU importers addresses the risk of carbon leakage on the EU market, it is essential that the CBAM would also seek to reduce the possibility of European low-carbon exports being replaced by carbon-intensive items on third country markets or by goods that are not subject to equivalent climate policy and carbon costs, undermining the goal of lowering global emissions. It is therefore necessary to continue addressing the risk of carbon leakage associated with European exports to third countries that have not yet limited or priced GHG emissions at the same levels as the EU.
Amendment 149 #
2021/0214(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility and industrial competitiveness.
Amendment 151 #
2021/0214(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) As CBAM is a mechanism that addresses the risk of carbon leakage on the EU market for EU imports, it is essential to avoid the risk that EU exports are replaced by more carbon intensive goods on the global market. Hence, the Commission shall analyse its implementation and effectiveness throughout the administrative transitional period and shall by the end of this period submit a report to the European Parliament and Council that specifies the carbon leakage risk on export markets accompanied with a proposal preventing the carbon leakage risk on export markets with safeguards of products intended for exports, such as export rebates.
Amendment 166 #
2021/0214(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of athe administrative transitional period and upon further assessment on the impact on carbon leakage for energy-intensive sectors with a withdrawal of EU ETS compensation, as well to indirect emissions, mirroring the scope of the EU ETS.
Amendment 173 #
2021/0214(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) However, while the EU ETS sets an absolute cap on the GHG emissions from the activities under its scope and allows tradability of allowances (so called ‘cap and trade system’), the CBAM shouldmust not establish quantitative limits to import, so as to ensure that trade flows are not restricted or disrupted. Moreover, while the EU ETS applies to installations based in the Union, the CBAM should be applied to certain goods imported into the customs territory of the Union to ensure a level playing field and prevent the risk of carbon leakage while ensuring compatibility with WTO.
Amendment 189 #
2021/0214(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In terms of sanctions, Member States should apply penalties to infringements or circumvention practises of this Regulation and ensure that they are implemented. The amount of those penalties should be identical to penalties currently applied within the Union in case of infringement of EU ETS according to Article 16(3) and (4) of Directive 2003/87/EC.
Amendment 193 #
2021/0214(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broader product coverage, it would beis prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. The Commission should consider to further extend the scope of included goods, when CBAM is proven efficient to reduce carbon leakage for the sectors included in Annex I of this Regulation. A proposal of the inclusion of finished goods shall be presented by the Commission before the comprehensive transitional period. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 . __________________ 42Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 200 #
2021/0214(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden for European industry, affected authorities, companies and SMEs. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort.
Amendment 236 #
2021/0214(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) To avoid risks of circumvention and improve the traceability of actual CO2 emissions from import of electricity and its use in goods, the calculation of actual emissions should only be permitted through a number of strict conditions. In particular, it should be necessary to demonstrate a firm nomination of the allocated interconnection capacity and that there is a direct contractual relation between the purchaser and the producer of the renewable and low carbon electricity, or between the purchaser and the producer of electricity having lower than default value emissions. .
Amendment 238 #
2021/0214(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) To reduce the risk of carbon leakage as well as to ensure a level playing field for European industry, all practices of circumvention shall be prohibited. The Commission shall evaluate the risk of circumvention practices, especially the likelihood of modified trade patterns towards downstream products, as well as resource shuffling, cost absorption, manipulation of emissions data, wrongful labelling of goods and slight modifications of the product so as to import a product under a different customs code of all sectors included in Annex I of this Regulation. The Commission shall be empowered to adopt delegated acts to strengthen anti- circumvention measures when appropriate.
Amendment 243 #
2021/0214(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Integration of third countries into the Union electricity market is an important drive for those countries to accelerate their transition to energy systems with high shares of renewable energies. Market coupling for electricity, as set out in Commission Regulation (EU) 2015/122246 , enables third countries to better integrate electricity from renewable and low carbon energies into the electricity market, to exchange such electricity in an efficient manner within a wider area, balancing supply and demand with the larger Union market, and reduce the carbon intensity of their electricity generation. Integration of third countries into the Union electricity market also contributes to the security of electricity supplies in those countries and in the neighbouring Member States. __________________ 46Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24).
Amendment 247 #
2021/0214(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49 a) This Regulation shall progressively enter into force in two steps. Between 2023 and 2025 an administrative transitional period where Articles set out in Article 36 (a) and (c) of this Regulation shall apply. Between 2026 and 2030 a comprehensive transitional period where all Articles set out in Article 36 of this Regulation shall apply. During this period free allocation should remain in place.
Amendment 250 #
2021/0214(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) An administrative transitional period without financial adjustment should apply during the period 2023 until 2025. A CBAM without financial adjustment should applyto 2025, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade and European industry. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the administrative transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
Amendment 257 #
2021/0214(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) A comprehensive transitional period with financial adjustment should apply during the period 2026 to 2030, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disproportionate impacts on European industry.
Amendment 258 #
2021/0214(COD)
Proposal for a regulation
Recital 50 b (new)
Recital 50 b (new)
(50 b) A temporary Carbon Leakage Protection Reserve should be established between 2031 to 2035, linked to the reduction of free allocation. Each year, the free allocation no longer provided to the CBAM sectors, based on the free allocation phase-out calculation, should be placed into the temporary Carbon Leakage Reserve. To this purpose the Commission shall every year, from 2031 to 2035, present to the parliament and Council a report on the effectiveness of this Regulation in lowering carbon leakage. By 28 February, the following year the Commission shall report to the Parliament and the Council on the entry into force of CBAM and its effectiveness during the preceding year. If the assessment is positive, the allowances placed in the reserve should automatically be auctioned. If the assessment proves negative impact on lowering carbon leakage, the allowances placed in the reserve should automatically be returned to industry, to mitigate the risk of carbon leakage.
Amendment 265 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the administrative transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope of Annex I to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as finished goods, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 .. The Commission should in particular focus on: (a) the impact on competitiveness of European industry and downstream industry, impact on SMEs, possible disproportionate administrative burden, possible circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050. Accompanied by proposals to avoid negative impact on such sectors; (b) a proposal to avoid possible carbon leakage in export markets; (c) a proposal to extend the scope of this Regulation to finished goods containing goods listed in Annex I; to ensure competitiveness of European manufacturing industry and prevent carbon leakage; __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 275 #
2021/0214(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
Amendment 279 #
2021/0214(COD)
Proposal for a regulation
Recital 52 b (new)
Recital 52 b (new)
(52 b) In case the CBAM is proven not to be efficient in lowering carbon leakage, creates disproportionate disadvantages for European industry or severe shortcomings appear in the implementation of this Regulation during the comprehensive transitional period, the Commission shall present a new or revised legislative proposal aiming at lowering carbon leakage in order for the Union to reach its goal of climate neutrality 2050.
Amendment 280 #
2021/0214(COD)
Proposal for a regulation
Recital 52 c (new)
Recital 52 c (new)
(52 c) If the CBAM is challenged by WTO and as an effect not implemented, the Commission shall present a revised legislative proposal aiming at lowering carbon leakage.
Amendment 282 #
2021/0214(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In light of the above, a dialogue with third countries should continue and there should be space for cooperation and solutions that could inform the specific choices that will be made on the details of the design of the measure during the implementation, in particular during the transitional periods.
Amendment 286 #
2021/0214(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism, provided that they deliver equivalent GHG emissions reductions and carbon costs constraints.
Amendment 293 #
2021/0214(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) In order for CBAM to be efficient in lowering carbon leakage, all possible circumvention practices should be addressed by this Regulation. In order to remedy circumvention of the provisions of this Regulation, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of supplementing the list of goods in Annex I.
Amendment 302 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage from the EU and contribute to the reduction of global carbon emissions.
Amendment 321 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The CBAM shall be compatible with WTO rules.
Amendment 616 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation, whether slightly modified or not, stems from a practice, process or work that have has insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation, or undermining their effects, including on overall GHG emissions and on prices of the like products.
Amendment 618 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point 1 (new)
Article 27 – paragraph 2 – point 1 (new)
(1) The practice, processor work referred to in the first subparagraph include, inter alia:
Amendment 619 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 (new)
Article 27 – paragraph 2 – subparagraph 1 (new)
(a) the slight modification of a product to make it fall under another customs code which are not subject to the obligations of this Regulation; b) false declarations regarding identity of the producer, the product concerned, the nature of the product concerned or the production process; (c) the consignment of the product concerned via third countries where no or more favourable obligations apply; (d) the reorganisation by exporters or producers of their patterns and channels of sales in order to avoid obligations of this Regulation, or undermine their effects, for instance via practices of resource shuffling. Resource shuffling shall be defined as any practice, process or work that that have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation, or undermining their effects, without delivering environmental benefits on global GHG emissions; (e) in the circumstances indicated in paragraph 2, the assembly of parts by an assembly operation in the Union or a third country.
Amendment 652 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 667 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. During the comprehensive transitional period, biannual between 2025-2030 and every year thereafter until 2035 the Commission shall evaluate the application of this Regulation and report to the European parliament and the Council. The Commission should in particular focus on: (a) the impact on European industry and downstream industry of sectors listed in Annex I, as well as on SMEs and possible additional administrative burden for SMEs; (b) the effectiveness of this Regulation in reducing carbon leakage and possible circumvention practices; and (c) the impact of CBAM on Union trade of goods listed in Annex I and possible distortion in trade patterns;
Amendment 674 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. In case the CBAM is proven not to be efficient in lowering carbon leakage, the Commission shall present a new or revised legislative proposal aiming at lowering carbon leakage. Once the CBAM has fully demonstrated its WTO- compatibility, its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of European exports, the free allocation received by these sectors should be gradually phased out, however not prior to 2030. This phase-out of free allocation should be kept under review in light of the entry into force and effective implementation of the Carbon Border Adjustment Mechanism.
Amendment 676 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3 b (new)
Article 30 – paragraph 3 b (new)
3b. In the event that the Commission in its annual report between 2031-2035 concludes that, the CBAM has been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces under this Article, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be made available to support innovation in accordance with Article 10a(8) of Directive 2003/87/EC.
Amendment 677 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3 c (new)
Article 30 – paragraph 3 c (new)
3c. In the event that the Commission in its report concludes that the CBAM has not been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be reallocated to installations in accordance with Article10a(1) of Directive 2003/87/EC.
Amendment 695 #
2021/0214(COD)
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. For the first years of operation of this Regulation, the production of products listed in Annex I shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of those products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period between 2026 and the end of 2030, 80 % in 2031 and shall be reduced by 20 percentage points each year to reach 0 % by the fifth year.
Amendment 700 #
2021/0214(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
During the administrative transitional period of this Regulation, the CBAM mechanism shall apply as a reporting obligation as set out in Articles 33 to 35.
Amendment 28 #
2021/0213(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2003/96/EC was adopted in order to ensure the proper functioning of the internal market as regards the taxation of energy products and electricity. Directive 2003/96 also integrated environmental protection requirements, in particular, in the light of the Kyoto Protocol to the United Nations Framework Convention on Climate ChangeParis Agreement from 2015.
Amendment 33 #
2021/0213(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) It is necessary to ensure that clear taxation rules for energy products and electricity continue to contribute to the smooth functioning of the internal market while at the same time tackling the climate and environmental-related challenges in the context of the Communication from the Commission ‘The European Green Deal’28 . Energy taxation can contribute to the ambition of at least 55 % reduction in net greenhouse gas emissions by 2030 compared to 1990, as well as to the objective of zero pollution through the implementation of the polluter-pays principle, by ensuring that the taxation of motor fuels, heating fuels and electricity better reflects the impact they have on the environment and on health. The contribution of energy taxation to those objectives has been endorsed by the Council Conclusions on the EU energy taxation framework29 . __________________ 28COM(2019) 640 final of 11 December 2019. 29 14861/19 of 5 December 2019.
Amendment 41 #
2021/0213(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) Environmental taxation can be a cost-effective mean for Member States to achieve the targetedimprovements in environmental footprint and contribute to the reductions of greenhouse gasse emissions. The proper functioning of the internal market requires common rules on that taxation.
Amendment 44 #
2021/0213(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) Member States should, however, be able to use the energy taxation of motor fuels, heating fuels and electricity for a variety of purposes not necessarily nor specifically or exclusively related to the reduction of environmental footprint and contribution to the reduction of greenhouse gase emissions.
Amendment 47 #
2021/0213(CNS)
Proposal for a directive
Recital 6
Recital 6
Amendment 50 #
2021/0213(CNS)
Proposal for a directive
Recital 8
Recital 8
Amendment 52 #
2021/0213(CNS)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The Council needs to examine the exemptions and reductions and the minimum levels of taxation periodically, taking into consideration the proper functioning of the internal market, the real value of the minimum levels of taxation, the competitiveness of Union businesses in the international framework and the wider objectives of the Treaty.
Amendment 55 #
2021/0213(CNS)
Proposal for a directive
Recital 10
Recital 10
(10) In the interest of fiscal neutrality, the same minimum levels of taxation should apply for each component of energy taxation, to all energy products put to a given use. Where equal minimum levels of taxation are thus set, Member States should, also for reason of fiscal neutrality, ensure equal levels of national taxation on all products concerned.
Amendment 57 #
2021/0213(CNS)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Member States should be given the flexibility necessary to define and implement policies appropriate to their national circumstances.
Amendment 60 #
2021/0213(CNS)
Proposal for a directive
Recital 11
Recital 11
Amendment 72 #
2021/0213(CNS)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The possibility of applying differentiated national rates of taxation to the same product should be allowed in certain circumstances or permanent conditions, provided that Union minimum levels of taxation and internal market and competition rules are respected.
Amendment 78 #
2021/0213(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Energy products used as a motor fuel for certain industrial and commercial purposes and those used as heating fuel are normally taxed at lower levels than those applicable to energy products used as a propellant. Electricity should always be among the least taxed energy sources in view of fostering its use, notably in the transport sector. To that purpose, Member States should endeavour to apply the same level of taxation to electricity used to charge electric vehicles as for heating purposes during the necessary time following the entry into force of this Directive.
Amendment 80 #
2021/0213(CNS)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) The taxation of diesel motor fuel used by hauliers, notably those engaging in intra-Union activities, should require a possibility for a specific treatment, including measures to allow for the introduction of a system of road user charges, in order to limit the distortion of competition operators might be confronted with.
Amendment 81 #
2021/0213(CNS)
Proposal for a directive
Recital 19
Recital 19
Amendment 84 #
2021/0213(CNS)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Where appropriate Member States might need to be able to differentiate between commercial and non-commercial diesel. Member States could use this option to reduce the gap between non- commercially taxed gas oil and petrol.
Amendment 87 #
2021/0213(CNS)
Proposal for a directive
Recital 20
Recital 20
(20) Energy products should essentially be subject to a Union framework when used as heating fuel or motor fuel. To that extent, it is in the nature and the logic of the tax system to exclude from the scope of the framework dual uses and non-fuel uses of energy products as well as mineralogical processes. Electricity used in similar ways should be treated on an equal footing.
Amendment 94 #
2021/0213(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) The Union and the Member States have concluded multilateral agreements regarding air services and air transport, or bilateral agreements with third countries. Those agreements include provisions related to the taxation of aviation fuel. Aviation fuel has traditionally had a privileged tax regime. The need to pursue the objecThe exemption for the fuel used by cargo flights is needed in the absence of more efficient alternatives. Existing international obligations as well as the preservation of the competitiveness of the Directive requires that, without prejudice to those international agreements, energy products and electricity supplied for intra-EU air ncompanies in the Union imply that it is advisable to maintain existing benefits for energy products used in avigation, except cargo-only flights should be taxed. The exemption for the fuel used by cargo-only flights is still needed in the absence of more efficient alternativesfor private non-commercial purposes. However, Member States should have the possibility to limit these benefits in the future.
Amendment 97 #
2021/0213(CNS)
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure a smooth implementation of this Directive, the minimum levels of taxation for motor fuels used for intra-EU non-business and non- pleasure flights would be reached over a transitional period of ten years, whereas sustainable alternative fuels and electricity would be subject to a zero minimum rate for ten years, starting four years after the Directive enters into force. Energy products and electricity used for intra-EU business aviation and pleasure flights should be subject to the standard levels of taxation applicable to motor fuels and electricity in the Member States.
Amendment 105 #
2021/0213(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) Fuel used for waterborne navigation, inexcluding fishing, should also be taxed at minimum levels, and the Member States party to international agreements providing for the exemption of that fuel, have to, by the date of the application of this Directive, ensure they eliminate the incompatibilities. It is necessary to allow for a different level of taxation to be applied to the use of energy products and electricity for intra-EU waterborne regular service navigation, fishing and freight transport and their respective at berth activities. Considering the specificity of those uses, the minimum levels of taxation should be lower than the ones applicable to general motor fuel use. In order to provide an incentive to the use of sustainable alternative fuels and electricity, such fuels and electricity should be exempted from taxation for ten years starting four years after the Directive enters into force. Energy products and electricity used for the remaining intra-EU waterborne navigation should be subject to the standard levels of taxation applicable to motor fuels and electricity in the Member States.
Amendment 108 #
2021/0213(CNS)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) The Commission should ensure that its proposals are fully assessed in terms of their economic, social and environmental costs and benefits and their implications for competitiveness, connectivity, employment and economic growth, particularly for sectors most exposed to international competition. Member States are encouraged to cooperate for sharing information and data of the energy taxation to the Commission in order to ensure high quality assessments.
Amendment 110 #
2021/0213(CNS)
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23b) The EU should consider measures that without having an immediate impact on the current situation, will strengthen preparedness for possible future price shocks, increase market integration and resilience, empower consumers, enhance access to affordable energy and reduce the dependence on volatile fossil fuels.
Amendment 111 #
2021/0213(CNS)
Proposal for a directive
Recital 23 c (new)
Recital 23 c (new)
(23c) In order to ensure smooth implementation of this Directive and to tackle the shocks of the increased current prices, the EU should continue to develop measures to facilitate an energy system with high shares of renewable energies, including through adequate storage, cross-border interconnectors, base-load and flexible power generation, thus offsetting possible temporary supply shortages or surpluses.
Amendment 115 #
2021/0213(CNS)
Proposal for a directive
Recital 24
Recital 24
(24) For extra-EU air navigation, without prejudice to international obligations, and for extra-EU waterborne navigation, inexcluding fishing, Member States may exempt or apply the same levels of intra-EU taxation, according to the type of activity.
Amendment 124 #
2021/0213(CNS)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) It is desirable to establish a Union framework to allow Member States to exempt or reduce excise duties so as to promote biofuels, thereby contributing to the better functioning of the internal market and affording Member States and economic operators a sufficient degree of legal certainty. Distortions of competition should be limited and the incentive of a reduction in the basic costs for producers and distributors of biofuels should be maintained through, inter alia, the adjustments by Member States taking into account changes in raw material prices.
Amendment 133 #
2021/0213(CNS)
Proposal for a directive
Recital 28
Recital 28
(28) Targeted reductions in the tax level may prove necessary to tackle the social impact of energy taxes. An exemption from taxation may temporarily prove necessary to protect vulnerable households.
Amendment 140 #
2021/0213(CNS)
Proposal for a directive
Recital 29
Recital 29
(29) In view of the financial, economic and environmental effects on each Member State, such as the need of electrification of the transport sector, it is necessary to provide for a procedure authorising the introduction by Member States, for a set period, of other exemptions or reduced levels of taxation. For reasons of protection of environment and human health, including the reduction of air pollution, it is necessary to provide for a procedure authorising the introduction by Member States, for a set period, of specific increased rates. Such authorisation, following a justified request by Member States and on a proposal from the Commission, should be adopted by means of a Council implementing decision in accordance with Article 291 of the TFEU. Such measures should be under regular review.
Amendment 145 #
2021/0213(CNS)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Businesses that voluntarily commit to increase climate protection and energy efficiency substantially deserve attention. Among these enterprises, energy-intensive enterprises deserve special treatment.
Amendment 147 #
2021/0213(CNS)
Proposal for a directive
Recital 30
Recital 30
(30) The list of energy products subject to the control and movement provisions of Council Directive 2008/118/EC33 should include selected energy products, in order to ensure a unified and standardised treatment of those products and to take into account the risk of tax evasion, or tax avoidance or abuse. __________________ 33Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12).
Amendment 151 #
2021/0213(CNS)
Proposal for a directive
Recital 35
Recital 35
(35) Reference should be made to the version presently applicable of the Combined Nomenclature. In order to ensure that the references to Combined Nomenclature (CN) codes in this Directive are updated whenever necessary, and that the minimum rates of taxation reflect prices evolution, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of updating the reference to those CN codes, and in respect of updating the minimum tax rates based on yearly variations of the consumer price index. 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-Making. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives 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.
Amendment 161 #
2021/0213(CNS)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Where Directive 2012/27/EU or Directive (EU) 2018/2001, as the case may be, do not contain a net calorific value for the product concerned, Member States shall refer to relevant available information on its net calorific value. The Commission shall add a conversion table per each energy product and electricity summarizing energy content-based minimum rates per volume unit.
Amendment 167 #
2021/0213(CNS)
Proposal for a directive
Article 2 – paragraph 4 – subparagraph 1 – point a a (new)
Article 2 – paragraph 4 – subparagraph 1 – point a a (new)
(aa) as soon as sustainability criteria are established for biomass products other than biofuels and bioliquids pursuant to Directive 2009/28/EC, an exemption or a reduced rate may be applied to those products only if they comply with those sustainability criteria.
Amendment 173 #
2021/0213(CNS)
Proposal for a directive
Article 2 – paragraph 8 – subparagraph 3
Article 2 – paragraph 8 – subparagraph 3
Those delegated acts shall not result in any changes in the minimum tax rates set in this Directive or in the addition or removal of any energy products and electricity. The Commission shall attach codes of the Combined Nomenclature to Annex I.
Amendment 178 #
2021/0213(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point b – indent 3 a (new)
Article 3 – paragraph 1 – point b – indent 3 a (new)
– mineralogical processes, which shall mean the processes classified in the NACE nomenclature under code 23 'manufacture of other non-metallic mineral products' in Regulation (EC) No 1893/2006 on the statistical classification of economic activities in the European Community;
Amendment 186 #
2021/0213(CNS)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Amendment 188 #
2021/0213(CNS)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 3
Article 5 – paragraph 1 – subparagraph 3
For the purposes of ranking mentioned in the first subparagraph, electricity shall be considered together with other motor fuels and heating fuels indicated in Tables B and C of Annex I, except when Member States apply a specific level of taxation to electricity used to charge electric vehicles and plug-in hybrid vehicles, in which case electricity shall be considered together with motor fuels indicated in Table A of Annex I, unless otherwise specified in this Directive.
Amendment 193 #
2021/0213(CNS)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 204 #
2021/0213(CNS)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table A of Annex I, the gradual increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
Amendment 209 #
2021/0213(CNS)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table B of Annex I, the gradual increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
Amendment 210 #
2021/0213(CNS)
Proposal for a directive
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
Amendment 213 #
2021/0213(CNS)
Proposal for a directive
Article 8 – paragraph 2 – point d a (new)
Article 8 – paragraph 2 – point d a (new)
(da) vehicles which are intended for the long-distance transport of goods and animals;
Amendment 219 #
2021/0213(CNS)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table C of Annex I, the gradual increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
Amendment 225 #
2021/0213(CNS)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. By derogation from paragraph 1, Member States may, for reasons of environmental policy, subject the products referred to in paragraph 1 to taxation without having to respect the minimum levels of taxation laid down in this Directive. In such case, the taxation of those products shall replicate the ranking between the minimum levels of taxation as laid down in Annex I and shall not be taken into account for the purposes of satisfying the minimum level of taxation on electricity laid down in Article 10.
Amendment 228 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 230 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
The minimum levels of taxation referred to in the first subparagraph shall start from zero and increase each year by one tenth of the final minimum rates, set out in Tables A and D of Annex I, over a transitional period of ten years. A minimum rate of zero shall apply, four years after the entry into force of this Directive. Member States shall apply a minimum rate of zero to sustainable biofuels and biogas, low- carbon fuels, renewable fuels of non- biological origin, advanced sustainable biofuels and biogas, and electricity over that transitional period of ten years.
Amendment 234 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
By derogation from the first subparagraph of this paragraph, Member states may apply the same level of taxation laid down in paragraph 1 to cargo-only domestic flights referred to in the first subparagraph of this paragraph.
Amendment 235 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 3
Article 14 – paragraph 2 – subparagraph 3
Where a Member State has entered into an agreement with one or several Member States, it may also apply the same level of taxation laid down in paragraph 1 to intra- EU air navigation of cargo-only flights mentioned in the first subparagraph.
Amendment 236 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 2 – subparagraph 4
Article 14 – paragraph 2 – subparagraph 4
For the purposes of this paragraph, ‘cargo- only flight’ shall mean a scheduled or non- scheduled air service performed by aircraft carrying revenue loads other than revenue passengers, excluding flights carrying one or more revenue passengers and flights listed in published timetables as open to passengers.
Amendment 249 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 3
Article 15 – paragraph 1 – subparagraph 3
Amendment 274 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point b – indent 5 a (new)
Article 16 – paragraph 1 – point b – indent 5 a (new)
– generated from low carbon sources.
Amendment 281 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point e a (new)
Article 16 – paragraph 1 – point e a (new)
(ea) Member States shall apply a minimum rate up to zero to energy products and electricity used for agricultural, horticultural or piscicultural, aquaculture works, and in forestry.
Amendment 303 #
2021/0213(CNS)
Proposal for a directive
Article 17 – paragraph 1 – point c – subparagraph 3
Article 17 – paragraph 1 – point c – subparagraph 3
For the purposes of point (c), energy products and electricity used by households recognised as vulnerable may be exempt for a maximum period of ten years after the entry into force of this Directive. For the purposes of this paragraph, ‘vulnerable households’ shall mean households significantly affected by the impacts of this Directive which, for the purpose of this Directive, means that they are below the ‘at risk of poverty’” threshold, defined as 60% of the national median equivalised disposable incomein energy and transport poverty or households who face or are at risk of facing a situation of significantly limited access to employment, including self-employment, and/or to education and training, and/or to a decent standard of living and essential services, implying low capacities to adapt to the consequences of the green transition and are significantly affected by the price impacts of the inclusion of buildings and road transport into the scope of Directive 2003/87/EC and the recast of Directive 2003/96/EC.
Amendment 312 #
2021/0213(CNS)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Without prejudice to Article 5, as applicable as a single use, Member States may apply tax reductions , which shall not go below the relevant minima as set out in Tables B, C and D of Annex I on the consumption of energy products used for heating purposes or for the purposes of Article 8(2) , points (b) and (c), and on electricity in the following cases:
Amendment 314 #
2021/0213(CNS)
Proposal for a directive
Article 18 – paragraph 1 – point a – paragraph 1 a (new)
Article 18 – paragraph 1 – point a – paragraph 1 a (new)
Without prejudice to Article 4(1), Member States may apply a minimum rate up to zero to energy products and electricity used by energy-intensive businesses as defined in paragraph 1 of this Article.
Amendment 322 #
2021/0213(CNS)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. If a Member State finds that energy products other than those referred to in paragraph 1 are intended for use, offered for sale or used as heating fuel, motor fuel or are otherwise giving rise to tax evasion, or tax avoidance or abuse, it shall advise the Commission forthwith. This provision shall also apply for electricity. The Commission shall transmit the communication to the other Member States within one month of receipt. Within two months of that communication, the Member States shall communicate to the Commission their views regarding the detected practice of tax evasion, or tax avoidance or abuse concerning those energy products and electricity. Based on the views received form the Member States, and in case there is a risk for the proper functioning of the internal market or for the environment, the Commission shall adopt implementing acts to determine that the control and movement provisions of Directive 2008/118/EC are to apply to the products concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 28(2).
Amendment 332 #
2021/0213(CNS)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The power to adopt the delegated acts referred to in Article 2(8) and Article 5(2) shall be conferred on the Commission for an indeterminate period of time from 1 January 2023.
Amendment 333 #
2021/0213(CNS)
Proposal for a directive
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The delegation of power referred to in Article 2(8) and Article 5(2) may be revoked at any time 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.
Amendment 335 #
2021/0213(CNS)
Proposal for a directive
Article 29 – paragraph 6
Article 29 – paragraph 6
6. A delegated act adopted pursuant to Article 2(8) and Article 5(2) shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council have informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.
Amendment 353 #
2021/0213(CNS)
Proposal for a directive
Annex 1 – table A
Annex 1 – table A
Amendment 356 #
2021/0213(CNS)
Proposal for a directive
Annex 1 – table A a (new)
Annex 1 – table A a (new)
Table A. 1. — Maximum levels of taxation applicable to electricity for the purposes of Article 7 (in EUR/Gigajoule) transitional period (01.01.2023) - 01.01.2033) Electricity 0,15 Electricity produced from low carbon sources 0,15
Amendment 359 #
2021/0213(CNS)
Table B. — Minimum levels of taxation applicable to motor fuels used for the purpose set out in Article 8(2) (in EUR/Gigajoule) Final rate after completion of Start of transitional period transitional period (01.01.2023) (01.01.2033) before indexation Gas oil 0,9 0,9 Heavy fuel oil 0,9 0,9 Kerosene 0,9 0,9 Non-sustainable biofuels 0,9 0,9 Liquefied Petroleum Gas (LPG) 0,6 0,9 Natural gas 0,6 0,9 Non-sustainable biogas 0,6 0,9 Non renewable fuels of non-biological origin 0,6 0,9 Sustainable food and feed crop biofuels 0,45 15 0,945 Sustainable food and feed crop biogas 0,45 15 0,945 Sustainable biofuels 0,4500 0,45 Sustainable biogas 0,4500 0,45 Low-carbon fuels 0.1500 0,45 Renewable fuels of non-biological origin 0,1500 0,15 Advanced sustainable biofuels and biogas 0,1500 0,15 Electricity 0,00 0,15 Electricity produced from low carbon sources 0,00 0,15
Amendment 362 #
2021/0213(CNS)
Proposal for a directive
Annex 1 – table B a (new)
Annex 1 – table B a (new)
Table B.1. — Maximum levels of taxation applicable to electricity used for the purpose set out in Article 8(2) (in EUR/Gigajoule) transitional period (01.01.2023) - 01.01.2033) Electricity 0,15 Electricity produced from low carbon sources 0,15
Amendment 365 #
2021/0213(CNS)
Proposal for a directive
Annex 1 – table C
Annex 1 – table C
Table C. — Minimum levels of taxation applicable to heating fuels (in EUR/Gigajoule) Final rate after completion of Start of transitional period transitional period (01.01.2033) (01.01.2023) before indexation Gas oil 0,9 0,9 Heavy fuel oil 0,9 0,9 Kerosene 0,9 0,9 Coal and coke 0,9 0,9 0,9 Non-sustainable bioliquids 0,9 0,9 0,9 Non-sustainable solid products falling within CN codes 0,9 0,9 codes 4401 and 4402 Liquefied Petroleum Gas (LPG) 0,6 0,9 Natural gas 0,6 0,00 0,9 Non-sustainable biogas 0,6 0,9 Non renewable fuels of non-biological origin 0,6 0,9 Sustainable food and feed crop bioliquids 0,415 0,9 0,45 Sustainable food and feed crop biogas 0,45 15 0,945 Sustainable bioliquids 0,4500 0,45 Sustainable biogas 0,4500 0,45 Sustainable solid products falling within CN codes 0,4500 0,45 4401 and 4402 Low-carbon fuels 0,150.00 0,45 Renewable fuels of non-biological origin 0,1500 0,15 Advanced sustainable bioliquids, biogas and products 0,1500 0,15 falling within CN codes 4401 and 4402 Electricity 0,00 0,15 Electricity produced from low carbon sources 0,00 0,15
Amendment 370 #
2021/0213(CNS)
Proposal for a directive
Annex 1 – table C a (new)
Annex 1 – table C a (new)
Table C. 1. — Maximum levels of taxation applicable electricity used for heating (in EUR/Gigajoule) transitional period (01.01.2023) - 01.01.2033) Electricity 0,15 Electricity produced from low carbon sources 0,15
Amendment 372 #
2021/0213(CNS)
Proposal for a directive
Annex 1 – table D
Annex 1 – table D
Table D. — Minimum levels of taxation applicable to electricity (in EUR/Gigajoule) Start of transitional period Final rate after completion of transitional (01.01.2023) period (01.01.2033) before indexat ion Electricity 0,15 0,00 0,15 Electricity produced from low carbon sources 0,00 0,15
Amendment 374 #
2021/0213(CNS)
Proposal for a directive
Annex 1 – table D a (new)
Annex 1 – table D a (new)
Table D.1. — Maximum levels of taxation applicable to electricity (in EUR/Gigajoule) transitional period (01.01.2023) - 01.01.2033) Electricity 0,15 Electricity produced from low carbon sources 0,15
Amendment 121 #
2021/0211(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminating the support to any investments related to solid fossil fuels. A technology neutral approach should be applied in order to achieve the most cost-effective emission reductions. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 80 %; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
Amendment 220 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
In addition, 2,5 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1.5% of the total quantity of allowances from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of 1.5% of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).
Amendment 294 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii Directive 2003/87/EC
Article 1 – paragraph 1 – point 12 – point c – point ii Directive 2003/87/EC
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028 except in case of heat benchmark for district heating, whose maximum annual reduction rate should be defined in line with the district heating sector decarbonisation commitments until 2030 and should not exceed 1.6%.
Amendment 377 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point f a (new)
Article 10 d – paragraph 2 – point f a (new)
(fa) modernization of energy systems allowing for switch from coal to gas and increased use of gas with the perspective of introduction of renewable and low- carbon gases”;
Amendment 381 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a a (new)
Article 1 – paragraph 1 – point 15 – point a a (new)
Directive 2003/87/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 405 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29 b new
Article 29 b new
Amendment 431 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
Article 1 – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 400 million allowances shall no longer be valid. be set aside for the purpose of increasing the Modernisation Fund, the Innovation Fund and prevention of triggering of the cross-sectoral correction factor.
Amendment 63 #
2020/2196(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Further to its numerous requests for the full application of the provisions of the Schengen acquis in Bulgaria and Romania, requests the Council to take an immediate decision on the abolition of checks at the internal land, sea and air borders of those two Member States;
Amendment 111 #
2020/2196(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission and the Council to prevent anything compromising the purpose of this mechanism, namely to determine whether all the preconditions for lifting internal border controls with a candidate country have been met and to ensure compliance with the Schengen acquis on the part of those Member States in which it is fully established; points to the particular situation of Bulgaria and Romania, which should be included in the Schengen evaluation and monitoring cycles following adoption of the accession decision, given that their own evaluation has been successfully completed; in this context, reiterates its call on the Council to take an immediate decision regarding the full application of the Schengen acquis in these two Member States;
Amendment 8 #
2020/2045(INI)
Draft opinion
Recital A
Recital A
A. whereas the EU Facility for Refugees in Turkey (FRT) was created in 2016 in the framework of the EU-Turkey statement and manages EUR 6 billion; whereas human rights violations have taken place under this agreement which are incompatible with the EU Charter of Fundame mobilised in two tranches' the first tranche serves to fund projects that run until mid-2021 latest and the second tranche serves to fund projects, which run untail Rights;mid-2025 latest.
Amendment 13 #
2020/2045(INI)
Draft opinion
Recital B
Recital B
B. whereas the EU Emergency Trust Fund for stability and addressing root causes of irregular migration and displaced persons in Africa (EUTF) was established in 2015; whereas the EUTF makes predominant use (90 %) of Official Development Assistance; whereas it became the main financial instrument for the EU’s political engagement with African partners in the field of migration; whereas the EUTF has funded over 500 projects in more than 256 partner countries in Africaacross three regions of Africa: the Sahel and Lake Chad, the Horn of Africa and North Africa, for a total of over EUR 4.8 billion; whereas the EUTF has raised concerns about contributing to inhumane anduntries face growing challenges ranging from demograding treatment and/or financing actors that have committed human rights violations, such as in Libya, Eritrea and Sudanphic pressure, extreme poverty, weak social and economic infrastructure, internal tensions and institutional weaknesses to insufficient resilience to food crises and environmental stress;
Amendment 19 #
2020/2045(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas over the last four years, the EUTF for Africa further demonstrated its added value as a swift and effective implementation tool which facilitates political dialogue with a great number of partner countries, applies innovative approaches and produces concrete results on the ground by pooling funding and expertise from a variety of stakeholders including EU Member States.
Amendment 22 #
2020/2045(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. Whereas, as the crisis became protracted, the EUTF Madad's response evolved further along the humanitarian development nexus, by increasing its focus on systems strengthening to support the host countries’ efforts and capacities to respond to the protracted refugee crisis, particularly as regards public service delivery (education, health, water and sanitation, livelihoods, etc.) in Iraq, Jordan and Lebanon.
Amendment 25 #
2020/2045(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
B c. Whereas the EUTF Madad has proven to be comparatively faster to launch projects than normal ENI or IPA procedures; whereas it has also managed to reach economy of scale, with large scale projects of an average volume of EUR 20 million and with an average implementation period of around 30 months;
Amendment 32 #
2020/2045(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. DeplorUnderlines the fact that both the EUTF and the FRTs are ad hoc instruments that were set up outside the EU budget, raising concerns over their lack of transparency and democratic accountability; points out that their governance structures deviate from ordinary decision- Facility for Refugees in Turkey (FRT) differs from the other EU trust funds, making and bypass parliament scrutinyly because it remains embedded within the budget of the EU;
Amendment 36 #
2020/2045(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to enhance transparency on EUTFs and FRT through better scrutiny and to improve regular and detailed information sharing with the European Parliament;
Amendment 39 #
2020/2045(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Underlines the need to make sure strict monitoring exercises and audits are carried out to ensure compliance with the Financial Regulation; invites the Commission to scale up reporting on the FRT and asks it to ensure that these funds specifically target refugee projects and are not used for any other purposes;
Amendment 40 #
2020/2045(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Calls on the Commission to ensure that the objectives of the FRT are consistent with the EU’s general principles, policies and objectives, including democracy, the rule of law and human rights;
Amendment 52 #
2020/2045(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the EUTF is part of a trend of the securitiss support partner countries in developing national and externalisation of EU border management aimed at reducing irregular migration to the EU; stresses the risks to development objregional strategies on migration management in line with international standards, improve capacities to prevent irregular migration and fight against trafficking inhuman beings and migrant smuggling, facilitate sustainable and dignified return and reintegration, seek durable solutions for people in need of international protectiveson and fundamental rights associated with this approach.enhance synergies between migration and development;
Amendment 66 #
2020/2045(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that EUTFs support countries hosting refugees by investing in health and education, economic development, job creation and integration into labour markets, for both local communities and refugees, especially vulnerable groups such as women and youth;
Amendment 70 #
2020/2045(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Points out that issues currently covered by EUTFs could be funded under any of the Neighbourhood, Development and international Cooperation Instrument’s components: geographic, thematic or rapid response; underlines that Migration would be one of the priorities under the new instrument with a proposed spending target of 10%;
Amendment 8 #
2020/2035(INL)
Motion for a resolution
Citation 6
Citation 6
— having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence, which opened for signature in Istanbul on 11 May2011 (hereinafter the ‘IstanbulConvention’),
Amendment 11 #
2020/2035(INL)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Council of Europe Convention of 23 November 2001 on Cybercrime,
Amendment 12 #
2020/2035(INL)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the Commission Code of Conduct on countering illegal speech online of May 2016 and its fifth monitoring (June 2020),
Amendment 13 #
2020/2035(INL)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
— having regard to the Commission Communication of 28 September 2017 on tackling illegal content online,
Amendment 14 #
2020/2035(INL)
Motion for a resolution
Citation 6 d (new)
Citation 6 d (new)
— having regard the Europol regulation, Europol’s European Cybercrime Center, and its Internet organised crime threat assessment,
Amendment 15 #
2020/2035(INL)
Motion for a resolution
Citation 6 e (new)
Citation 6 e (new)
— having regard to the Eurojust regulation,
Amendment 39 #
2020/2035(INL)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the European Parliament resolution of 3 October 2017 on Strengthening Media Freedom: the Protection of Journalists in Europe, Hate Speech, Disinformation and the Role of Platforms,
Amendment 43 #
2020/2035(INL)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
— having regard to the European Parliament resolution of 25 November 2020 on Cybercrime,
Amendment 45 #
2020/2035(INL)
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
— having regard to the European commission proposal on the Digital Services Act COM 2020(0825),
Amendment 79 #
2020/2035(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. Whereas the increasing reach of the internet, the rapid spread of mobile information, and the use of social media, coupled with the violence against women has led to the proliferation of cyber violence against women and gender-based violence;
Amendment 91 #
2020/2035(INL)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas gender-based violence included in its cyber dimension and domestic violence have increased during the COVID-19 pandemic; whereas one in ten women in the EU have already experienced a form of cyber violence since the age of 151a; _________________ 1aEuropean Union Agency for Fundamental Rights (2014). Violence against women: an EU-wide survey
Amendment 93 #
2020/2035(INL)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas according to WHO1a one in three women worldwide experience physical or sexual violence mostly by an intimate partner and lockdowns have aggravated the risk of domestic violence and abuse; whereas the greater use of the internet during the pandemic increases online and ICT-facilitated gender-based violence; _________________ 1aWHO report ´Violence against women prevalence estimates 2018´
Amendment 94 #
2020/2035(INL)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas existing forms of cyber violence and gender-based cyber violence are constantly evolving and new forms are emerging, and the UN Special Rapporteur on violence against women noted that new technologies “will inevitably give rise to different and new manifestations of online violence against women”;
Amendment 115 #
2020/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas, despite a growing awareness of the phenomenon of gender- based cyberviolence, the lack of collection of exhaustive and recent data and the underreporting of cases of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the European added value assessment on gender-based cyberviolence estimates that between 4 and 7% of women in the Union have experienced cyber harassment during the past 12 months, while between 1 and 3% have experienced cyber stalking; whereas the World Wide Web Foundation survey conducted in 2020 among respondents from180 countries revealed that 52 % of young women and girls have experienced online abuse and 64 % of respondents stated they know someone who have experienced it; outlining that youngwomen and girls are at a greater risk of encountering cyberviolence,particularly cyber- harassment and cyberbullying, which can have incrediblynegative impacts on both their schooling and their mental health; whereas such lack of available data is linked to the underreporting of cases of gender-based cyberviolence;
Amendment 132 #
2020/2035(INL)
Motion for a resolution
Recital F
Recital F
F. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discrimination can exacerbate the consequences of gender- based cyberviolence; whereas women belonging to ethnic minorities, racialized women, LBTIQ women, girls or women with disabilities are bigger targets to online attacks;
Amendment 138 #
2020/2035(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the Europol Cybercrime Center, Eurojust and ENISA have conducted research onthe cyber crime online’;
Amendment 161 #
2020/2035(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas prevention, especially through education, including digital literacy and skills, must be a key element of any public policy aimed at tackling gender-based cyberviolence;
Amendment 174 #
2020/2035(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes in that sense the digital services act, aiming at creating a safer digital space where the rights of users are protected;
Amendment 200 #
2020/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the transnational nature of gender-based cyberviolenceall human rights violations, including gender-based violence; stresses that gender-based cyberviolence has additional transnational implications, with perpetrators using online platforms or mobile phones connected to or hosted by other European countries than where the victim of harassment is located, considering the cross-border dimension of the use of ICT thus the borderless nature of cybercrime;
Amendment 226 #
2020/2035(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls additionally for awareness- raising programs and training to improve protection and support of victims of cyber violence;
Amendment 227 #
2020/2035(INL)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Invites the Member States to develop a harmonised and regularly updated directory of support services, helplines and reporting mechanisms available in individual cases of cyberviolence against women, these could be available on a singular platform, which could also contain information on the support available for other forms of violence against women, and be user- friendly and accessible;
Amendment 233 #
2020/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission and the Member States to establish a reliable system for regularly collecting statistical disaggregated and comparable data on gender-based violence, including cyberviolence; as the current lack of comparable data on instances of cyber violence makes it difficult to set clear and measurable targets to tackle these crimes, as well as potentially limiting the action law enforcement take in response to this form of violence; awaiting for the ongoing FRA related survey, and noting that one of the biggest problems is the under reporting of those crimes;
Amendment 251 #
2020/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that gender-based cyberviolence generates psychological, social and economic consequences; notes that gender-based cyberviolence affects women in different ways as a consequence of overlapping forms of discrimination based, on top of their gender, on their sexual orientation, age, race, religion or disability, among other, and recalls that an intersectional approach is crucial to understanding these specific forms of discrimination;
Amendment 275 #
2020/2035(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Condemns all types of incidents of hate crime, hate speech and accusations devoid of foundation or formulated in bad faith, both offline and online, motivated by discrimination based on any grounds, such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; expresses concern over the hate crimes and crimes relating to incitement to discrimination or violence which occurred during the COVID- 19pandemic, leading to the stigmatisation of some particularly vulnerable individuals;
Amendment 290 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission and Member States to ensure a proper application of the Directive on Combating Sexual Abuse of Children in order to raise awareness and reduce the risk of children becoming victims of onlinesexual abuse or exploitation;
Amendment 293 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Welcomes the announcement of the Commission, in its recent strategy for the victims’ rights, to launch an EU network on the prevention of gender- based violence and domestic violence and to take actions to protect the safety of victims of gender-based cybercrime by facilitating the development of a framework for cooperation between internet platforms and other stakeholders;
Amendment 294 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Takes note of the call, by the advisory committee on equal opportunities between women and men of the European Commission, for legislation at European level on combatting online violence against women;
Amendment 295 #
2020/2035(INL)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Stresses the importance of the Code of practice for online platforms and leading social networks and its possible implication and/or role to play within the context of cyberviolence, notes in that context the importance of the accountability and the transparence of ICT intermediaries;
Amendment 307 #
2020/2035(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on Member States to improve the training for practitioners and other professionals, including in social services and law enforcement agencies, in cooperation with civil society organisations, to increase the resources to support victims of gender-based cyberviolence and to establish a clear protocol to aid victims of gender-based cyberviolence, and to avoid the irre- victimization;
Amendment 359 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3
Annex I – Recommendation 2 – paragraph 4 – indent 3
- ICT-related violations of privacy (including the accessing, sharing and manipulation of private data or images, including intimate data without consent, image-based sexual abuse and non- consensual disclosure of sexual images, doxxing, identity theft, hacking);
Amendment 370 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 11 a (new)
Annex I – Recommendation 2 – paragraph 4 – indent 11 a (new)
Amendment 371 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 11 b (new)
Annex I – Recommendation 2 – paragraph 4 – indent 11 b (new)
- Cyberviolence against women is an act of gender-based violence perpetrated directly or indirectly through information and communication technologies that results in, or is likely to result in, physical, sexual, psychological or economic harm or suffering to women and girls, including threats of such acts, whether occurring in public or private life, or hindrances to the use of their fundamental rights and freedoms.
Amendment 387 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 4
Annex I – Recommendation 3 – paragraph 1 – indent 4
- development of cooperation among Member States for the purposes of exchanging information, expertise and best practices, in particular through the European Crime Prevention Network (EUPCN) coordinating together with the Europol European Cybercrime Center, as well as with other related agencies such as Eurojust;
Amendment 392 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
- promote cooperation between Member States, Internet intermediaries and NGOs working on the issue – such as peer learning events and public conferences;
Amendment 393 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
- Take into account the Code of practice for online platforms and its possible implication and/or role to play within the context of cyberviolence;
Amendment 400 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1
Annex I – Recommendation 4 – paragraph 1 – indent 1
- promote specific training for practitioners and professionals dealing with victims of gender-based cyberviolence, including law enforcement authorities, social, child and healthcare staff, and members of the judiciary; Union-wide training programmes could be implemented in the framework of the Justice and the Citizens, Equality, Rights and Values programmes and together with CEPOL and the EU Judicial Training Network; in particular, emphasis should be given to secondary victimisation and how to avoid it, to the dual dimension of gender-based violence (online/offline) and to intersectional discrimination;
Amendment 417 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
- promote cooperation between Member States, Internetintermediaries and NGOs working on the issue;
Amendment 419 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
- develop a directory of support services, including helplines and reporting mechanisms available in individual cases of cyberviolence;
Amendment 423 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – introductory part
Annex I – Recommendation 5 – paragraph 1 – introductory part
Based on the definition referred to in Recommendation 1, the criminalisation of gender-based cyberviolence should take into account the following criteria: (Criminalising gender-based cyber violence could have a deterrent effect on perpetrators due to the fear of the sanctions or the awareness that they are committing a crime).
Amendment 435 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1
Annex I – Recommendation 6 – paragraph 1
The Commission and Member States should collect and publish disaggregated and comparable data on gender-based cyberviolence, in particular on the different forms of gender-based cyberviolence, not only based on law enforcement reports but also on women’s experiences. Those could be followed by comprehensive studies;
Amendment 437 #
2020/2035(INL)
Motion for a resolution
Annex I – Recommendation 6 – paragraph 1 a (new)
Annex I – Recommendation 6 – paragraph 1 a (new)
Additional recommendations could include: - the production of statistics on the prevalence and forms of cyberviolence, fostering at the same time the uniformity and comparability of data gathered by Member States, - an EU wide data collection programme, - gathering data on a regular basis for knowledge to keep up with the constant evolution in tools and technologies that can be used to perpetrate cyber-violence; - tasking agencies such as EIGE, FRA, EUROPOL, EUROJUST to collect data and information on this problem to help inform the policymaking of institutions;
Amendment 3 #
2020/2026(INL)
Draft opinion
Recital A
Recital A
A. non-profit organisations (NPOs) are increasingly involved in economic activities and contribute to the rapid development of the social economy, bringing societal benefits in terms of citizens welfare, education, health the fight against climate change, quality employment and the fight against social exclusion and discrimination; whereas the development of the social economy directly contributes to the strengthening of the single market;
Amendment 7 #
2020/2026(INL)
Draft opinion
Recital B
Recital B
B. NPOs play a central role in democracy by exercising public oversight over political power, articulating aspirations present in society, carrying out advocacy, contributing to informed policy- making and fostering active citizenship; thus promoting active public participation in the democratic process, in governance and increasing transparency at EU and member states' level
Amendment 19 #
2020/2026(INL)
Draft opinion
Recital E
Recital E
E. Restrictions of the space in which they operate have been reported by NPOs throughout the Union, related to the regulatory environment under which they operate, their finances and funding, their right to participation and to an unsafe environment with increasingly worrying attacks, including negative discourse stigmatising NPOs;
Amendment 22 #
2020/2026(INL)
Draft opinion
Recital F
Recital F
F. In its judgment in Case C-78/181 , the Court of Justice of the European Union held that freedom of association does not only include the ability to create or dissolve an association but also covers the possibility for that association to act in the meantime; _________________ 1Judgment of the Court of Justice of 18 June 2020, Commission v Hungary, C- 78/18, ECLI:EU:C:2020:476, paragraph 113.
Amendment 24 #
2020/2026(INL)
Draft opinion
Recital G
Recital G
G. The Court of Justice of the European Union has produced concrete case law2 on the principles of non- discrimination and free movement of capital applied to cross-border donations; whereas these principles are still not universally applied in Member States and the Commission has not put forward positive steps toyet addressed this. issue _________________ 2Judgment of the Court of 14 September 2006, Centro di Musicologia Walter Stauffer v Finanzamt München für Körperschaften, C-386/04, ECLI:EU:C:2006:568, Judgment of the Court of 27 January 2009, Hein Pershe v Finanzamt Lüdenscheid, C-318/07, ECLI:EU:C:2009:33 and Judgment of the Court of 10 February 2011, Missionswerk Werner Heukelbach eV v Belgian State, C- 25/10, ECLI:EU:C:2011:65.
Amendment 35 #
2020/2026(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that the definition of common measures for NPOs will enable coherent judicial review at Union level and lay down the foundations for potential future case law that will help strengthen Union-wide standards;
Amendment 72 #
2020/2026(INL)
10. Calls for the creation of a European Associations’ Authority, tasked with ensuring the implementation of the Statute for European Associations and monitoring the transposition of minimum rules for NPOs as called for Suggests looking into meaningful options for supervising this report; suggests that it could also be the focal point for NPOs that report viole implementations of the minimum standards and rights conferred upon NPOs by Union law;Status
Amendment 434 #
2020/0360(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a 4 a. Natural gas projects referred to in point( fa) of Article 4(3) shall be eligible to be included only in the first and second Union lists adopted in accordance with Article 3(4).
Amendment 89 #
2020/0310(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on adequate framework for promoting levels of minimum wages in the European Union
Amendment 128 #
2020/0310(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Guideline 5 of Council Decision 2020/ 1512/EU on guidelines for the employment policies of the Member States37 calls on Member States to ensure an effective involvement ofthe collaboration and/or cooperation with the social partners in wage-setting, providing for fair wages that enable a decent standard of living and allowing for an adequate responsiveness of wages to productivity levels and developments, with a view to upward convergence. The Guideline also calls on Member States to promote social dialogue and collective bargaining on wage setting. It also calls on Member States and the social partners to ensure that all workers have adequate and fair wages by benefitting from collective agreements or adequate statutory minimum wages, and taking into account their impact on competitiveness, job creation and in-work poverty. The Annual Sustainable Growth Strategy 202138 states that Member States should adopt measures to ensure fair working conditions. In addition, the Annual Sustainable Growth Strategy 202039 recalled that in the context of growing social divides, it is important to ensure that each worker earns an adequate wage. Several Country Specific Recommendations have also been issued to some Member States in the field of minimum wages. However, individual countries may be little inclined to improve their minimum wage settings because of the perception that this could negatively affect their external cost competitiveness. __________________ 37 Council Decision 2020/1512/EU of 13 October 2020 on guidelines for the employment policies of the Member States (OJ L 344, 19.10.2020, p. 22–28). 38 Commission Communication COM(2020) 575 final. 39 Commission Communication COM(2019) 650 final.
Amendment 138 #
2020/0310(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Better working and living conditions, including through adequate minimum wages, benefit both workers and businesses in the Union and are a prerequisite for achieving inclusive and sustainable growth. Addressing large differences in the coverage and adequacy of minimum wage protection contributes to improving the fairness of the EU labour market and promote economic, social progress and upward convergence. Competition in the Single Market should be based on high social standards, innovation and productivity improvements ensuring a level playing field.
Amendment 147 #
2020/0310(COD)
Proposal for a directive
Recital 7
Recital 7
(7) When set at adequate levelsever levels are set, minimum wages protect the income of disadvantaged workers, help ensure a decent living, and limit the fall in income during bad times, as recognised in Convention 131 of the International Labour Organisation on the establishment of a system of minimum wage fixing. Minimum wages contribute to sustaining domestic demand, strengthen incentives to work, reduce wage inequalities and in- work poverty.
Amendment 157 #
2020/0310(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Women, young and low-skilled workers and persons with disabilities have a higher probability of being minimum wage or low wage earners than other groups. During economic downturns, such as the Covid-19 crisis, the role of minimum wages in protecting low-wage workers becomes increasingly important and is essential to support a sustainable and inclusive economic recovery. Addressing minimum wage contributes to gender equality, closing the gender pay and pension gap as well as elevating women out of poverty and tackling child poverty.
Amendment 178 #
2020/0310(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Minimum wage protection set out by collective agreements in low-paid occupations is adequate in most cases; statutory minimum wages are low compared to other wages in the economy in several Member States. In 2018, the statutory minimum wage did not provide sufficient income for a single minimum- wage earner to reach the at-risk-of-poverty threshold in nine Member States. In addition, the use of reduced minimum wage rates (variations) and deductions from statutory minimum wages negatively affect their adequacy.
Amendment 198 #
2020/0310(COD)
Proposal for a directive
Recital 13
Recital 13
(13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate minimum wage protection, traditional collective bargaining structures have been eroding during the last decades, in part due to structural shifts in the economy towards less unionised sectors and to the decline in trade union membership related to the increase of atypical and new forms of work.
Amendment 213 #
2020/0310(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The Commission has consulted management and labour in a two-stage process with regard to possible action to address the challenges related to adequate minimum wages protection in the Union, in accordance with Article 154 of the Treaty on the Functioning of the European Union. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level to ensure that workers in the Union are protected by adequate minimum wages, taking into account the outcomes of the social partners’ consultation.
Amendment 247 #
2020/0310(COD)
Proposal for a directive
Recital 17
Recital 17
(17) This Directive should apply to workers who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State, with consideration to the criteria established by the Court of Justice of the European Unionin collaboration and/or cooperation with the social partners for determining the status of a worker. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, bogus self-employed, platform workers, trainees and apprentices could fall within the scope of this Directive. Genuinely self-employed persons do not fall within the scope of this Directive since they do not fulfil those criteria. The abuse of the status of self- employed persons, as defined in national law, either at national level or in cross- border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self- employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. Such persons should fall within the scope of this Directive. The determination of the existence of an employment relationship should be guided by the facts relating to the actual performance of the work and not by the parties' description of the relationship.
Amendment 275 #
2020/0310(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In a context of declining collective bargaining coverage, it is essentialrecommended that the Member States promote collective bargaining to enhance workers’ access to minimum wage protection provided by collective agreements. Member States with a high collective bargaining coverage tend to have a low share of low-wage workers and high minimum wages. Member States with a small share of low wage earners have a collective bargaining coverage rate above 70%. Similarly, the majority of the Member States with high levels of minimum wages relative to the median wage have a collective bargaining coverage above 70%. While all Member States should be encouraged to promote collective bargaining, those who do not reach this level of coverage should,while being in consultation and/or agreement with the social partners, provide for or, where it already exists, strengthen a framework of facilitative procedures and institutional arrangements enabling the conditions for collective bargaining. Such framework should be established by law or by tripartite agreement.
Amendment 278 #
2020/0310(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Sound rules, procedures and practice for setting and updating statutory minimum wages are necessary to deliver adequate minimum wages, while safeguarding jobs and the competitiveness of firms including small and medium-sized enterprises. They include a number of elements to preserve the adequacy of statutory minimum wages, including criteria and indicators to assess adequacy, regular and timely updates, the existence of consultative bodies and the involvement of social partners. A timely and effective involvement of the latterA timely and effective collaboration and/or cooperation with the social partners is another element of good governance that allows for an informed and inclusive decision-making process.
Amendment 292 #
2020/0310(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequatefair if they are fair in relation to the wage distribution in the country and if they provide a decent standard of living. The adequacylevels of statutory minimum wages isare determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral levels and developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicators commonly used at international level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wages.
Amendment 294 #
2020/0310(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Minimum wages are considered adequate if they are fair in correlation towith the wage distribution in the country and if they provide a decent standard of living. The adequacylevels of statutory minimum wages is determined in view of the national socio- economic conditions, including employment growth, competitiveness as well as regional and sectoral developments. Their adequacy should be assessed at least in relation to their purchasing power, to the productivity developments and to their relation to the gross wage levels, distribution and growth. The use of indicat and in collaboration and/ors commonly used at intopernational level, such as 60% of the gross median wage and 50% of the gross average wage, can help guide the assessment of minimum wage adequacy in relation to the gross level of wage with the social partners.
Amendment 326 #
2020/0310(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To promote adequacy of framework for minimum wages for all groups of workers, variations and deductions from statutory minimum wages should be limited to a minimumnon- discriminatory and proportionate, while ensuring that social partners are duly consulted in their definition. Some deductions to statutory minimum wages may bare justified by a legitimate aim, including overstated amounts paid or deductions ordered by a judicial authority. Others, such as deductions related to the equipment necessary to perform a job or deductions of allowances in kind, such as accommodation, may be unjustified or disproportionate.
Amendment 327 #
2020/0310(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To promote adequacy of minimum wages for all groups of workers, variations and deductions from statutory minimum wages should be limited to a minimum, whiledrawn ensuring that social partners are duly consulted in their definition. Some deductions to statutory minimum wages may be justified by a legitimate aim, including overstated amounts paid or deductions ordered by a judicial authority. Others, such as deductions related to the equipment necessary to perform a job or deductions of allowances in kind, such as accommodation, may be unjustified or disproportionate.
Amendment 333 #
2020/0310(COD)
Proposal for a directive
Recital 23
Recital 23
(23) An effective enforcement system, including enhanced controls and field inspections, is necessary to ensure the functioning of national statutory minimum wage frameworks and the respect of labour standards for all workers. To strengthen the effectiveness of enforcement authorities, a close cooperation with the social partners is also needed, including to address critical challenges such as those related to sub- contracting, bogus self- employment or non-recorded overtime. Moreover, workers should have easily access to appropriate information on applicable statutory minimum wages to ensure an adequate degree of transparency and predictability as regards their working conditions, as well as access to information on complaints mechanisms.
Amendment 337 #
2020/0310(COD)
Proposal for a directive
Recital 23
Recital 23
(23) An effective enforcement system, including controls and field inspections, is necessary to ensure the functioning of national statutory minimum wage frameworks. To strengthen the effectiveness of enforcement authorities, a close collaboration and /or cooperation with the social partners is also neerecommended, including to address critical challenges such as those related to sub- contracting, bogus self-employment or non-recorded overtime. Moreover, workers should have easily access to appropriate information on applicable statutory minimum wages to ensure an adequate high degree of transparency and predictability as regards their working conditions.
Amendment 348 #
2020/0310(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Reliable monitoring and data collection are keyimportant to ensure the effective protection of minimum wages. The Commission should report every year to the European Parliament and to the Council its assessment of levels and developments in the adequacy and coverage of minimum wages on the basis of annual data and information to be provided by Member States. In addition, progress should be monitored in the framework of the process of economic and employment policy coordination at Union level. In that context, the Employment Committee should examine every year the situation in the Member States on the basis of the reports produced by the Commission and other multilateral surveillance tools such as benchmarking.
Amendment 359 #
2020/0310(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The reforms and measures adopted by the Member States to promote adequate minimum wage protection of workers, while being steps in the right direction, have not been comprehensive and systematic. Moreover, individual countries may be little inclined to improve the adequacy and coverage of minimum wages because of the perception that this could negatively affect their external cost competitiveness. Since the objectives of this Directive cannot be sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, 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 the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 371 #
2020/0310(COD)
Proposal for a directive
Recital 29
Recital 29
(29) This Directive lays down minimum requirementsa framework, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing national legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights for workers, nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 392 #
2020/0310(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for promoting:
Amendment 404 #
2020/0310(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) setting adequate levels of minimum wages;
Amendment 452 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘statutory minimum wage’ means a minimum wage set by law, or other binding legal provisions, with the exclusion of those set by a collective agreement made universally applicable;
Amendment 474 #
2020/0310(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Amendment 482 #
2020/0310(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 488 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. With the aim to increase the collective bargaining coverage Member States that set minimum wages only through collective agreements shall take, in consultation with the social partners and in accordance with national laws and practices, at least the following measures:
Amendment 502 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) promote the building and strengthening of the capacity of the social partners to engage in collective bargaining on wage setting, in particular, at sector or cross-industry level;
Amendment 521 #
2020/0310(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States where collective bargaining coverage is less than 70% of thmay establish, in accordance with the national practice wforkers defined within the meaning of Article 2 shall in addition provide for a framework of enabling social dialogue, by tripartite agreement or by mutual agreement among the social partners, a framework with favourable conditions for collective bargaining, either by law after and consultolidation of the social partners or by agreement with them, and shall establish an action plan to promote collective bargaining. The action plan shall be made public and shall be notified to the European Commissionexisting one. The agreed measures shall be made public.
Amendment 550 #
Amendment 563 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States with statutory minimum wages shall takeestablish the necessary measures to ensure that theframework for setting and updating of statutory minimum wages ar. Such setting and updating shall be guided by criteria set to promote andequacy with the aim to achieve decent working and living conditions, social cohesion and upward convergence. Member States shall define those criteria in accordance with their national practices, either in relevant national legislation, in decisions of the competent bodies or in tripartite agreements. The criteria shall be defined in a stable and clear way.
Amendment 572 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shallmay include at leastsome of the following elements, whose relevance may be decided by Member States in accordance with their prevailing national socio-economic conditions:
Amendment 580 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the purchasing power of statutory minimum wages, taking into account the cost of living and the contribution of taxes and social benefits;
Amendment 601 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) labour productivity levels and developments.
Amendment 616 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 658 #
2020/0310(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall establishnsure that consultative bodies are in place to advise the competent authorities on issues related to statutory minimum wages.
Amendment 674 #
2020/0310(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where Member States may allow for different rates of statutory minimum wage for specific groups of workers. Member States shall keep these variations to a minimum, and or for deductions by law that reduce the remuneration paid to a level below that of the relevant statutory minimum wage, they shall ensure that anythese variation iss and deductions are non- discriminatory, proportionate, limited in time if relevant, and objectively and reasonably and justified by a legitimate aim.
Amendment 675 #
2020/0310(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may allow different rates of statutory minimum wage for specific groups of workers. Member States shall keep these variations to a minimum, and ensure that any variation is non- discriminatory, proportionate, limited in time if relevant, and objectively and reasonably justified by a legitimate aim.
Amendment 681 #
2020/0310(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 708 #
2020/0310(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the selection and application of criteria and indicative reference values referred to in Article 5 (1) (2) and (32) for the determination of statutory minimum wage levels;
Amendment 718 #
2020/0310(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 721 #
2020/0310(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the collection of data and the carrying out of studies for the information of statutory minimum wage setting authoritisupporting the consultation processes for setting the statutory minimum wage with information, data and analyses;
Amendment 730 #
2020/0310(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall, in consultation and/or cooperation with social partners, take the following measures, where appropriate to enhance the access of workers to statutory minimum wage protection as appropriate:
Amendment 761 #
2020/0310(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by collective agreement, and their subcontractors, comply with the applicable obligations regarding wages in the field of labour law established by Union law, national law, collective agreements or by international labour law provisions for the relevant sector and geographical area and with the statutory minimum wages where they exist.
Amendment 788 #
2020/0310(COD)
Proposal for a directive
Article 10 – paragraph 2 – point a – point ii
Article 10 – paragraph 2 – point a – point ii
Amendment 794 #
2020/0310(COD)
Proposal for a directive
Article 10 – paragraph 2 – point a – point iii
Article 10 – paragraph 2 – point a – point iii
Amendment 798 #
2020/0310(COD)
Proposal for a directive
Article 10 – paragraph 2 – point a – point iv
Article 10 – paragraph 2 – point a – point iv
Amendment 823 #
2020/0310(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
Amendment 828 #
2020/0310(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 841 #
2020/0310(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 868 #
2020/0310(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 889 #
2020/0310(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive or the respective provisions already in force. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 896 #
2020/0310(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States may entrust the social partners with the implementation of this Directive, where the social partners jointly request to do so. In so doing, the Member States shall take all necessary steps to ensure that the results soughet by this Directive are guaranteedcomplied with at all times.
Amendment 911 #
2020/0310(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 100 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources ofrom the JTF should complement the resources available under cohesion policy. be substantial and consistent with its ambitious objective and should complement the resources available under cohesion policy. The establishment of the JTF should under no circumstance lead to cuts in or transfers from the funds covered by Regulation (EU) ../.. [new CPR], particularly from funds such as the European Regional Development Fund (ERDF), the European Social Fund (ESF+) or the European Agricultural Fund for Rural Development (EAFRD).
Amendment 123 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies, and arere technologically feasible and sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a gradual transition to an innovative, competitive, climate-neutral and circular economy. For dseclining sectortors with high CO2 emissions levels, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the gradual phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission level conducted in cooperation with social partners and within a reasonable timeframe. With the aim of transforming these sectors, support should promote enewrgy efficiency and lower carbon activities through the deployment of new technologies, new processes or products, leadingthe renewable energy sources and investments in the deployment of infrastructure and technology for affordable low emission energy as well as new processes or products. Gas has to be recognised as a bridge technology that needs to play an important role in the transition to a low-emission economy. Further, security of supply must remain intact by technical innovations, including the roll-out of hydrogen which has the potential to become one of the major energy carriers of the 21st century. Such activities should lead to significant life- cycle emission reduction, in the energy system of the territory and be in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing skilled employment and, avoiding environmental degradation and enhancing the robustness of an energy system based predominantly on renewable energy sources, including through flexible balancing technologies and storage solutions. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a competitive, climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 161 #
2020/0006(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) Support for productive investment in enterprises other than SMEs through the Just Transition Fund should not be limited to the areas eligible for State aid under the applicable State aid rules pursuant to Article 107(3)(a) and (c) TFEU. On the contrary, State aid rules should allow all regions receiving assistance through the JTF to effectively address the threat of job losses at an early stage. This should also be ensured by adapting the general block exemption Regulation accordingly;
Amendment 195 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio- economic , energy security and environmental challenges deriving from the energy transition process towards a climate-neutral economy of the Union by 2050, namely to all regions where coal is still harvested or where important structural changes take place after phasing out coal-mining activities as well as to regions with greenhouse gas intensive industrial activities.
Amendment 217 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goal in all Member States, primarily in regions heavily dependent on coal and whose GDP per capita is below the EU’s average. 80% of the resources of the JTF should be allocated to coal regions as listed in the Annex of the Terms of Reference for the Platform on Coal and Carbon-Intensive Regions (Coal Regions in Transition Platform) to address social, economic, energy security and environmental impacts of their energy transition.
Amendment 224 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goal inerritories as mentioned in article 1 paragraph 1 from all Member States.
Amendment 225 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.at least EUR 18,75 billion in 2018 prices, which and shall not be transferred from the allocations of the funds covered by the Regulation (EU) [new CPR], particularly from funds such as the European Regional Development Fund (ERDF), the European Social Fund (ESF+) or the European Agricultural Fund for Rural Development (EAFRD). That amount may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 236 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. By way of derogation from Article [21a(1)] of Regulation (EU) [new CPR], any additional resources referred to in paragraph 2, allocated to the JTF in the Union budget or provided by other resources shall not require complementary support from the ERDF or the ESF+.
Amendment 242 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
In accordance with paragraph 1, the JTF shall exclusivelyat least support the following activities:
Amendment 274 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and, infrastructures and services for an affordable clean energy, low-carbon, safe and flexible energy system, in greenhouse gas emission reduction, energy efficiency and renewable energystorage solutions;
Amendment 280 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investment in deployment of technologies to replace technologies based on fossil fuel, except natural gas, with technologies using alternative fuels including natural gas.
Amendment 281 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments related to the production, processing, transportation, distribution, storage or combustion of natural gas, renewable gas and hydrogen;
Amendment 308 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing project, decontamination, environmental remediation, revitalization, access and renovation of former coal mine and power station as well as brownfield sites and facilities, land restoration and repurposing projects, including afforestation of post coal mine sites;
Amendment 316 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) investments in environmentally- friendly multimodal urban mobility and alternative transport fuels accelerating the transition towards zero-emission mobility;
Amendment 324 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
(ga) investment in transport infrastructure facilitating economic development and jobs creation;
Amendment 326 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g b (new)
Article 4 – paragraph 2 – subparagraph 1 – point g b (new)
(gb) investment in transport decarbonisation
Amendment 351 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEU,the territories as defined in Article 1 paragraph 1 productive investments in enterprises other than SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
Amendment 392 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priorityogrammes or priorities shall comprisebe finance by the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] (1)]of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount.
Amendment 435 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h
Article 7 – paragraph 2 – point h
Amendment 442 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point i a (new)
Article 7 – paragraph 2 – point i a (new)
(ia) where support is provided to investment to transport infrastructure, a list of such operations and the impact study demonstrating the level of attracted investment and the expected jobs created as effect of the built infrastructure;
Amendment 443 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point i b (new)
Article 7 – paragraph 2 – point i b (new)
(ib) where support is provided for implementing, for a transition period, of technologies to produce reduced greenhouse emissions an analyses demonstrating the benefit generated by preserved jobs versus emission reduction.
Amendment 475 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – introductory part
Annex I – paragraph 1 – point a – introductory part
(a) the share of each Member State is calculated as the weighted sum of the shares determined on the basis of the following criteria, calculated as an average for 2015-2017 period, weighted as indicated:
Amendment 350 #
2019/0151(COD)
Proposal for a regulation
Annex I – section 1 – point 1 – introductory part
Annex I – section 1 – point 1 – introductory part
Amendment 354 #
2019/0151(COD)
Proposal for a regulation
Annex I – section 1 – point 1 – paragraph 1
Annex I – section 1 – point 1 – paragraph 1
Whenever necessary, the Governing Board shall submit to the Commission a shortlist of candidates for the purpose of appointment of a new member or members . The shortlisted candidates shall be selected on the basis of the outcome of a transparent and open procedure initiated by the EITCommission shall use the same procedure for the purpose of appointment of a new member or members .
Amendment 355 #
2019/0151(COD)
Proposal for a regulation
Annex I – section 1 – point 1 – paragraph 2
Annex I – section 1 – point 1 – paragraph 2