BETA

Activities of Sira REGO related to 2022/0160(COD)

Plenary speeches (1)

Renewable Energy, Energy Performance of Buildings and Energy Efficiency Directives: amendments (REPowerEU) (continuation of debate)
2022/12/13
Dossiers: 2022/0160(COD)

Shadow reports (1)

REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency
2022/11/30
Committee: ITRE
Dossiers: 2022/0160(COD)
Documents: PDF(389 KB) DOC(164 KB)
Authors: [{'name': 'Markus PIEPER', 'mepid': 28224}]

Amendments (58)

Amendment 20 #
Proposal for a directive
Recital 1
(1) In the context of the European Green Deal16 , Regulation (EU) 2021/1119 of the European Parliament and of the Council17 established the objective of the Union becoming climate neutral in 2050, as well as the target of a 55% reduction in greenhouse gas emissions by 2030. This requires an just energy transition that leaves no territory or citizen behind and significantly higher shares of renewable energy sources in an integrated energy system. _________________ 16 Communication from the Commission COM/2019/640 final, The European Green Deal. 17 Regulation (EU) 2021/1119 of the European Parliament an with a public planification based ofn 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).scarcity of finite critical raw materials
2022/09/29
Committee: ITRE
Amendment 22 #
Proposal for a directive
Recital 2
(2) Renewable energy plays a fundamental role in delivering on these objectives, given that the energy sector contributes today over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss if it is scrupulously respectful of the territory in which said renewable facilities are developed and to reducing pollution in line with the objectives of the Zero-Pollution Action Plan.
2022/09/29
Committee: ITRE
Amendment 23 #
Proposal for a directive
Recital 3
(3) Directive (EU) 2018/2001 of the European Parliament and of the Council18 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan19 , the share of renewable energy in gross final energy consumption would need to increase to 40% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target20 . In this context, the Commission proposed in July 2021, as part of the package delivering on the European Green Deal, to double the share of renewable energy in the energy mix in 2030 compared to 2020, to reach at least 40%. The REPowerEU Communication21 outlined a plan to make the EU independent from Russian fossil fuels well before the end of this decade. The Communication foresees front-loading of wind and solar energy, increasing the average deployment rate as well as additional renewable energy capacity by 2030 to accommodate for higher production of renewable hydrogen. It also invited the co-legislators to consider a higher or earlier target for renewable energy. In this context, it is appropriate to increase the Union renewable energy target up to 45at least 50% in order to significantly accelerate the current pace of deployment of renewable energy, thereby speeding up the phase-out of EU’s dependence by increasing the availability of affordable, secure and sustainable energy in the Union. This deployment must be based on public- led planning by Member States, with the support of the Commission, with no harm for environment and biodiversity as well as respecting the necessary spaces for cultivation for agriculture, that guarantee food sovereignty and the proper implementation of "Farm to Fork" strategy, thus alligning policies and strategies for reduction of GHG emissions and mitigation of climate change. _________________ 18 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 19 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people. 20 Point 3 of the Communication from the Commission COM(2020) 562 21 REPowerEU: Joint European Action for more affordable, secure and sustainable energy, COM(2022) 108 final (“REPower EU Communication”).
2022/09/29
Committee: ITRE
Amendment 30 #
Proposal for a directive
Recital 4
(4) Lengthy administrative procedures are one of the key barriers for investments in renewables and their related infrastructure. These barriers include the complexity of the applicable rules for site selection and administrative authorisations for projects, the complexity and duration of the assessment of the environmental impacts of the projects, grid connection issues, constraints on adapting technology specifications during the permit-granting procedure, or staffing issues of the permit- granting authorities or grid operators, among others. In order to accelerate the pace of deployment of renewable energy projects it is necessary to adopt rules which would simplify and shorten permit- granting processes.
2022/09/29
Committee: ITRE
Amendment 32 #
Proposal for a directive
Recital 6
(6) A further simplification and shortening of the administrative permit- granting processes in a coordinated and harmonised manner is necessary in order to ensure that the Union reaches its ambitious climate and energy targets for 2030 and the objective of climate-neutrality by 2050, while taking into account the “do no harm” principle of the European Green Deal, which must be a sine qua non premise in the development and execution of projects. The introduction of shorter and clear deadlines for decisions to be taken by the authorities competent for issuing the authorisation for the renewable energy installations on the basis of a complete application, will accelerate the deployment of renewable energy projects. It is appropriate however to make a distinction between projects in areas particularly suitable for the deployment of renewable energy projects, for which deadlines can be particularly streamlined (renewables go-to areas), and projects located outside those areas, including even unsuitable and therefore prohibited areas in which, due to the environmental value or historical, cultural, architectural or archaeological heritage, said facilities cannot be developed in any way due to the irreparable damage they could cause.
2022/09/29
Committee: ITRE
Amendment 33 #
Proposal for a directive
Recital 7
(7) Some of the most common issues faced by renewable energy project developers relate to procedures established at national or regional level to assess the environmental impact of the proposed projects. Therefore, it is appropriate to streamline certain environmental-related aspects of the permit-granting procedures and processes for renewable energy projects, without undermining environmental protection. However, “go- to-areas” such as the roofs of residential buildings, offices,public facilities of the administrations, industrial estates, mines or degraded spaces not suitable for agriculture, where the environmental impacts are minor or very scarce, it is reasonable that they have with an accelerated system for its development, which will undoubtedly benefit self- consumption facilities, both collective and individual, as well as local energy communities.
2022/09/29
Committee: ITRE
Amendment 39 #
Proposal for a directive
Recital 8
(8) A faster roll-out of renewable energy projects cshould be supported by strategic planning carried out by Member States. Member States should identify the land and sea areas necessary for the installation of plants for the production of energy from renewable sources in order to meet their national contributions towards the revised 2030 renewable energy target set out in Article 3(1) of Directive (EU) 2018/2001. Such areas should reflect their estimated trajectories and total planned installed capacity and should be identified by renewable energy technology set in the Member States’ updated national energy and climate plans pursuant to Article 14 of Regulation (EU) 2018/1999. The identification of the required land and sea areas should take into consideration the availability of the renewable energy resources and the potential offered by the different land and sea areas for renewable energy production of the different technologies, the projected energy demand overall and in the different regions of the Member State, and the availability of relevant grid infrastructure, storage and other flexibility tools bearing in mind the capacity needed to cater for the increasing amount of renewable energy.
2022/09/29
Committee: ITRE
Amendment 42 #
Proposal for a directive
Recital 9
(9) Member States should designate as renewables go-to areas those areas that are particularly suitable to develop renewable energy projects, differentiating between technologies, and where the deployment of the specific type of renewable energy sources is not expected to have a significant environmental impact, clearly defining what is meant by significant. In the designation of renewables go-to areas, Member States should avoid protected areas to the extent possible and considerand carry out restoration plans. Member States may designate renewable go-to areas specific for one or more types of renewable energy plants and should indicate the type or types of renewable energy that are suitable to be produced in each renewable go-to area.
2022/09/29
Committee: ITRE
Amendment 47 #
Proposal for a directive
Recital 10
(10) Directive 2001/42/EC of the European Parliament and of the Council22 establishes environmental assessments as an important key tool for integrating environmental considerations into the preparation and adoption of plans and programmes. In order to designate renewables go-to areas, Member States should prepare a plan or plans encompassing the identification of areas and the applicable rules and mitigation measures for projects located in each go-to area. Member States may prepare one single plan for all renewable go-to areas and technologies, or technology-specific plans identifying one or more renewable go-to areas. Each plan should be subject to an strategic environmental assessment carried out in accordance with the conditions set out in Directive 2001/42/EC in order to assess the impacts of each renewable technology on the relevant areas designated in such plan. Carrying out an environmental assessment in accordance with Directive 2001/42/EC for this purpose would allow Member States to have a more integrated and efficient approach to planning and to take environmental considerations into account at an early phase of the planning process at a strategic level, for which it is necessary that public planning has the participation of civil society and affected populations. This would contribute to ramping up the deployment of different renewable energy sources in a faster, ordered and streamlined manner while minimising the negative environmental impacts from these projects, and banning those whose impact is irretrievable. _________________ 22 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment.
2022/09/29
Committee: ITRE
Amendment 48 #
Proposal for a directive
Recital 11
(11) Following the adoption of the plan or plans designating renewables go-to areas, Member States should monitor the significant environmental effects of the implementation of plans and programmes in order, inter alia, to identify at an early stage unforeseen adverse effects, and to be able to undertake appropriate remedial action, in accordance with Directive 2001/42/EC. Member States should monitor and control to ensure the correct compliance with the mitigation measures, so they can detect, as a result of their supervision, any unforeseen adverse effect or deviations of the promoter during the execution of the project, applying the sanctioning regime that may correspond depending on the degree of seriousness or recurrence.
2022/09/29
Committee: ITRE
Amendment 49 #
Proposal for a directive
Recital 12
(12) The provisions of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters23 (‘the Aarhus Convention’)¨ regarding access to information, public participation in decision-making, and access to justice in environmental matters, in particular the provisions relating to public participation and to access to justice remain fully applicable, where relevant. _________________For this reason, the Member States, during the public planning process in which the provisions of this Directive are framed, and according to Aarhus Convention and its application in EU law1a, will promote and strengthen participatory processes on a mandatory basis so that civil society ,both individual and organized, co- participate in the design and configuration of the areas indicated in this Directive. _________________ 1a Directive 2003/4/ECof the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC Guidance document for Member States' reporting under Article 9 of Directive 2003/4 Reports from the Member States under Article 9 of Directive 2003/4 Report from the Commission on the experience gained in the application of directive 2003/4/EC on public access to environmental information (COM(2012)774 of 17 December 2012) Directive 2003/35/ECof the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC 23 Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (OJ L 124, 17.5.2005, p. 1).
2022/09/29
Committee: ITRE
Amendment 51 #
Proposal for a directive
Recital 12 a (new)
(12 a) Energy Communities, as defined in the Directive (EU)2018/2001 on Renewable Energy, as well as other distributed generation of proximity, of small size and in which there is a leading role of civil society, both individually and organized in locally established social economy cooperatives, will be prioritized and public participation in electricity generation will be promoted through from renewable sources.
2022/09/29
Committee: ITRE
Amendment 53 #
Proposal for a directive
Recital 14
(14) In the designated renewables go-to areas, renewable energy projects that comply with the rules and measures identified in the plan or plans prepared by Member States, should benefit from a presumption of not having significant effects on the environment. Therefore, there should be an exemption from the need to carry out a specific environmental impact assessment at project level in the sense of Directive 2011/92/EU of the European Parliament and of the Council24 , with the exception of projects which are likely to have significant effects on the environment in another Member State or where a Member State likely to be significantly affected so requests. The obligations under the UNECE Espoo Convention on environmental impact assessment in a transboundary context of 25 February 1991 should remain applicable for Member States where the project is likely to cause a significant transboundary impact in a third country. _________________ 24 Directive 2011/92/EU of the European parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment.
2022/09/29
Committee: ITRE
Amendment 58 #
Proposal for a directive
Recital 15
(15) The designation of renewables go- to areas should allow renewable energy plants, their grid connection as well as co- located energy storage facilities located in these areas to benefit from predictability and streamlined administrative procedures. In particular, projects located in renewable go-to areas should benefit from accelerated administrative procedures, including a tacit agreement in case of a lack of response by the competent authority on an administrative step by the established deadline, but only in the cases of projects related to collective or individual self- consumption as well as local energy communities, unless the specific project is subject to an environmental impact assessment. These projects should also benefit from clearly delimited deadlines and legal certainty as regards the expected outcome of the procedure. Following the application for projects in a renewables go- to area, Member States should carry out a fast screening of such applications with the aim to identify if any of such projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographic area where they are located that were not identified during the environmental assessment of the plan or plans designating renewables go-to areas carried out in accordance with Directive 2001/42/EC. All projects located in renewables go-to areas should be deemed approved at the end of such screening process. Only if Member States have clear evidence to consider that a specific project is highly likely to give rise to such significant unforeseen adverse effects, Member States should, after motivating such decision, subject such project to an environmental assessment in accordance with Directive 2011/92/EC and, where relevant, Directive 92/43/EEC25 . Given the need to accelerate the deployment of renewable energy sources, such assessment should be carried out within six months. _________________ 25 Council Directive 92/43/EEC of 21 May 1992 on the convervation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992).
2022/09/29
Committee: ITRE
Amendment 63 #
Proposal for a directive
Recital 16
(16) In view of the need to accelerate the deployment of renewable energy sources, the identification of renewables go-to areas should not prevent the ongoing and future installation of renewable energy projects in all areas available for renewable energy deployment. Such projects should remain subject to the obligation to carry out a dedicated environmental impact assessment in accordance with Directive 2001/92/EU and should be subject to the procedures foreseen for renewable energy projects located outside go-to areas. To speed up permitting at the scale necessary for the achievement of the renewable energy target set out in Directive (EU) 2018/2001, also the procedures applicable to projects outside of go-to areas should be simplified and streamlined with the introduction of clear maximum deadlines for all steps of the procedure, including dedicated environmental assessments per project, for which the Member States will not skimp on human resources, IT or any other type, which will contribute to a better and faster resolution of files. It is unfeasible that with the current resources, clearly diminished, the Public Administrations can support a greater workload even if the processes and procedures are simplified and clarified. Providing resources to the Public Administration is labour fair for public employees and necessary for the success of the objectives pursued by the Directive.
2022/09/29
Committee: ITRE
Amendment 65 #
Proposal for a directive
Recital 17
(17) Multiple use of space for renewable energy production and other land and sea uses (such as food production or nature protection or restoration) alleviates land and sea use constraints. In this context, spatial planning is an importantessential, and even critical tool to identify and steer synergies for land and sea use at an early stage. Member States should explore, enable and favour the multiple uses of the areas identified as a result of the spatial planning measures adopted, establishing a clear order of priorities based on the preservation of the natural environment, food and thirdly, the production of electrical energy.
2022/09/29
Committee: ITRE
Amendment 67 #
(18) The construction and operation of renewable energy plants may result in the occasional killing or disturbance of birds and other protected species under Directive 92/43/EEC or Directive 2009/147/EC26 . However, such killing or disturbance would not be considered deliberate in the sense of these Directives if a project has adopted, during its construction and operation, appropriate mitigation measures to avoid collisions or prevent disturbance, and if it carries out a proper monitoring to assess the effectiveness of such measures and, in the light of the information gathered, takes further measures as required to ensure no significant negative impact on the population of the species concerned. _________________ 26 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p.7).deleted
2022/09/29
Committee: ITRE
Amendment 68 #
Proposal for a directive
Recital 19
(19) In addition to installing new renewable energy plants, repowering existing renewable energy plants has a significant potential to contribute to the achievement of the renewable energy targets. Since, usually, the existing renewable energy plants have been installed in sites with significant renewable energy resource potential, repowering can ensure the continued use of these sites while reducing the need to designate new sites for renewable energy projects, as well as a reduction in different degrees of critical raw materials and a reduction in construction costs. . Repowering includes further benefits such as the existing grid connection, a likely higher degree of public acceptance and knowledge of environmental impacts. The repowering of renewable energy projects entails changes to or the extension of existing projects to different degrees. This repowering should be prioritised by Member States, over the entirely new projects. The permit-granting process, including environmental assessments and screening, for the repowering of renewable energy projects should be limited to the potential impacts resulting from the change or extension compared to the original project.
2022/09/29
Committee: ITRE
Amendment 73 #
Proposal for a directive
Recital 21
(21) The installation of solar energy equipment, together with related co-located storage and grid connection, in existing or future structures created for purposes different than solar energy production with the exclusion of artificial water surfaces, such as rooftops, parking areas, roads and, railways, industrial sites, mines or other degraded areas, do not typically raise concerns related to competing uses of space or environmental impact. These installations therefore may benefit from shorter permit- granting procedures.
2022/09/29
Committee: ITRE
Amendment 77 #
Proposal for a directive
Recital 22
(22) Renewable energy sources are crucial to fight climate change, reduce energy prices, decrease the Union’s dependence on fossil fuels and ensure the Union’s security of supply. For the purposes of the relevant Union environmental legislation, in the necessary case-by-case assessments to ascertain whether a plant for the production of energy from renewable sources, its connection to the grid, the related grid itself or storage assets is of overriding public interest in a particular case, Member States should presume these plants and their related infrastructure as being of overriding public interest and serving public health and safety, except where there is clear evidence that these projects have major adverse effects on the environment which cannot be mitigated or compensated. Considering such plants as being of overriding public interest and serving public health and safety would allow such projects to benefit from a simplified assessment. No such declaration can be obtained for the "prohibited areas" or “exclusion areas” that is expressly stated in this Directive as a result of the irreparable damage that may be caused.
2022/09/29
Committee: ITRE
Amendment 80 #
Proposal for a directive
Recital 25
(25) There is an urgent need to reduce the dependence on fossil fuels in buildings and to accelerate efforts to decarbonise and electrify their energy consumption. In order to enable the cost-effective installation of solar technologies at a later stage, all new buildings should be “solar ready”, that is, designed to optimise the solar generation potential on the basis of the site’s solar irradiance, enabling the fruitful installation of solar technologies and storage systems without costly structural interventions. In addition, Member States should ensure the deployment of suitable solar installations on new buildings, both residential and non- residential, and on existing non-residential buildings. Large scale deployment of solar energy on buildings wouldmust make a major contribution to shielding more effectively consumers from increasing and volatile prices of fossil fuels, reduce the exposure of vulnerable citizens to high energy costs, as long as the current structure of the wholesale electricity market is modified and result in wider environmental, economic and social benefits. In order to efficiently exploit the potential of solar installations on buildings, Member States should define criteria for the implementation of, and possible exemptions from, the deployment of solar installations on buildings in line with the assessed technical and economic potential of the solar energy installations and the characteristics of the buildings covered by this obligation.
2022/09/29
Committee: ITRE
Amendment 83 #
Proposal for a directive
Recital 28
(28) However, the change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target should be set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition by at least 135% in 2030 compared to the level of efforts under the 2020 Reference Scenario. This new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts needed.
2022/09/29
Committee: ITRE
Amendment 85 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive (EU) 2018/2001
Article 2 – paragraph 9a
(9a) ’renewables go-to area’ means a specific location, whether on land or sea, which has been designatere the installation of a type of renewable energy can be expected to have a low detrimental impact on ecosystems, including protected species and habitats, and which has been prioritised by a Member State as particularly suitable for the installation of plants for the production of energy from a specific source of renewable energy sources, other than biomass combustion plants. and sourcing and hydropower plants. a) There is a proven high availability of renewable energy resources and the potential for renewable energy production of the different technologies. b) They are not found in the spaces of the Natura 2000 Network or in a radius of action of less than 50km that could affect the surrounding fauna, which does not understand administrative demarcations. c) That the environmental impacts are minimal and/or mitigated with measures carried out by the project promoter. d) That they do not suppose a conflict in the territory due to the occupation of surface destined to agricultural crops”.
2022/09/29
Committee: ITRE
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2018/2001
Article 2, point 9
(9a a) “prohibited areas”: specific location, on land or at sea, that a Member State has designated as a prohibited area for the installation of renewable projects or of another nature, due to damage to the environment of special protection or historical heritage that would be irreparably damaged by an industrial economic activity such as the production of electrical energy, regardless of its renewable or non-renewable origin.
2022/09/29
Committee: ITRE
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2018/2001
Article 15b – paragraph 1
1. Member States shall collectively ensure that the share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least 45%.50%. In order to get this collective objective, within a period of three months, binding objectives shall be established for Member States, which shall update their respective National Energy and Climate Plans accordingly. The Commission will evaluate this objective periodically, with a view to presenting a legislative proposal no later than2025 to increase the share of renewable energy in order to accelerate independence from natural gas and, therefore, the rapid and urgent decarbonisation of the generation mix. electrical.’
2022/09/29
Committee: ITRE
Amendment 99 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2018/2001
Article 15
2a. Member States shall promote the testing of new renewable energy technologies in pilot projects in a real- world environment, for a limited period of time, within the framework of national public planning in accordance with the applicable EU legislation and accompanied by appropriate safeguards to ensure the secure operation of the electricity system and avoid disproportionate impacts on the functioning of the internal market, under the supervision of a competent authority. Member States, through the public energy companies in which they have a majority or total participation, or in those that they can and should promote, will be oriented towards the commercialization of renewable energy, as well as their own generation of renewable energy. They will also guarantee, through these companies, the testing of new renewable technologies through investment in R&D and pilot projects.
2022/09/29
Committee: ITRE
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 1
(1) By [12 years after the entry into force]force of the[Regulation for Nature Restoration] but not later than 3 years after the entry into force of this Directive, Member States shall identify the installed capacity as well as land and sea areas necessary for the installation of plants for the production of energy from renewable sources that are required in orderfor climate neutrality by 2040,with intermediary steps to meet their national contributions towards the 2030 renewable energy target in accordance with Article 3 of this Directive and the target of climate neutrality by 2040. Such areas shall be commensurate with the estimated trajectories and total planned installed capacity by renewable energy technology set in national energy and climate plans of Member States, as updated pursuant to Article 14 of Regulation (EU) 2018/1999., and set in national long term strategies pursuant to article 15 of Regulation (EU) 2018/1999, as part of the trajectory to move to 100% renewable energy by 2040. Identification of areas shall align with Member States’ obligations under environmental legislation, including under Directive 2008/56/EC, Directive 2000/60/EC, Directive 2009/147/EC,[the Regulation for Nature Restoration] and Directive 92/43/EEC. The assessment shall be part of the integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999, and maritime spatial plans, including plans referred in Directive 2014/89/EU.’;
2022/09/29
Committee: ITRE
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b
(2) When identifying the areas referred to in paragraph 1, Member States in the aforementioned participatory public planning shall take into account:
2022/09/29
Committee: ITRE
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 2 – point b
(b) the projected energy demand, taking into account the expected energy efficiency gains and behavioural changes related to energy consumption as well as electrification of activities previously based on fossil fuel combustion;
2022/09/29
Committee: ITRE
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 2 – point c
(c) the availability of relevant grid infrastructure, storage and other flexibility tools or the potential to create such grid infrastructure and storage, optimizing and improving what already exists, avoiding unnecessary new developments.
2022/09/29
Committee: ITRE
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 2 – point (ca) (new)
(c a) the potential of involving citizens actively in the energy system as renewable self consumers, collective self-consumers or renewable energy communities;
2022/09/29
Committee: ITRE
Amendment 134 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 2 – – point c b (new)
(c b) land and sea areas with other primary uses, namely the existing Natura2000 network, national protected areas and additional protected areas to be designated pursuant to the Union’s Commitment to protect 30% of its land and sea, all areas included in Member States’ Restoration Plans in line with their obligations under the [Nature Restoration Regulation], as well as areas included in the Member States’ Programmes of Measures in line with the Marine Strategy Framework Directive.
2022/09/29
Committee: ITRE
Amendment 144 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2018/2001
Article 15b – paragraph 2 a (new)
(2 a) When identifying areas referred to in paragraph 1, Member States shall identify: -the estimated staff, training, and technical needs of permit-granting authorities, including those involved in the environmental assessment processes, needed to ensure the implementation of the obligations arising from this Directive. -the expected financing needs for permitting authorities to enable the implementation of projected renewable energy installations, which shall include the description of the support to competent authorities and other stakeholders affected by new administrative obligations arising from this Directive and of the means of intended financing; and - the spatial planning policies and legal frameworks, such as distance rules for renewable energy installations, which negatively affect the implementation of the targets and the fulfilment of the obligations set out in this Directive Member States shall ensure that competent local and regional authorities are involved in the process of the identification of areas referred to in paragraph 1, and offer technical, human and financial support to enable those authorities to take part in the process. Existing local and regional planning and mapping shall be incorporated
2022/09/29
Committee: ITRE
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 2a (new)
(a a) By 1 year after the entry into force of this regulation, Member States shall carry out an assessment of the sensitivity of their protected species and habitats to planned energy production from renewable sources.These assessments shall be technology-specific and shall be used to determine land and sea areas where installations for the production of energy from renewable sources have low impacts on the environment. Assessments as set out in paragraph 1 shall align with Member States’ obligations under environmental legislation, including under Directive 2008/56/EC, Directive 2000/60/EC, Directive 2009/147/EC or Directive 92/43/EEC
2022/09/29
Committee: ITRE
Amendment 150 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Direcrtived 2018/2001
Article 15b – paragraph 3
(3) Member States shall favour multiple uses of the areas identified as a result of the obligation in paragraph 1, provided that the installation of plants for the production of energy from renewable sources is compatible with the current uses.
2022/09/29
Committee: ITRE
Amendment 151 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
(3 a) By 1 year after the entry into force of this Directive, the Member States, based on the participatory public planning that originated said maps, shall carry out a Strategic Environmental Assessment that determines the concurrence of terrestrial or marine spaces with the different environmental protection zones recognized. Assessments shall align with Member States' obligations under environmental legislation, including under Directive2008/56/EC, Directive 2000/60/EC, Directive 2009/147/EC or Directive 92/43/EEC.
2022/09/29
Committee: ITRE
Amendment 189 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2018/2001
Article 15c – paragraph 2a (new)
(2 a) When identifying the areas referred to in Article 15b(1) at sea, the designation should align with the requirements of Directive 2014/89/EU, which recommends the Member States use an ecosystem-based approach to Maritime Spatial Planning(MSP) when designating renewable energy sites. During the MSP process, which should be updated as soon as new EU legislation impacting spatial planning is published, Member States should increase the space designated for renewable energy production in line with the climate targets for 2030, 2040 and 2050.
2022/09/29
Committee: ITRE
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2018/2001
Article 15c – paragraph 3
(3) The plan or plans identifying land and sea areas necessary for the installation of plants for the production of energy from renewable sources and designating renewables go-to areas under Article 15b and 15c shall be made public and shall be reviewed periodically, at least in the context of the updates of the national energy and climate plans pursuant to Article 14 of Regulation (EU) 2018/1999, and Directive 2014/89/EU .
2022/09/29
Committee: ITRE
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)

Article 15ca (new)
(5 a) The following Article 15ca is inserted Public participation Member States shall ensure that the preparation of the plans identifying the land and sea areas necessary for the installation of plants for the production of energy from renewable sources and those designating renewables areas is open, inclusive and effective and that the public is given early and effective opportunities to participate in its elaboration, when all options are still open.To that end, Member States shall publish a proposal for the draft plans under Articles 15b(1) and 15c(1), including the information referred to in Articles 15b(2)-(2b) 15c(1), as well as the outcomes of the environmental assessment and the appropriate assessments of Articles 15b(4) and 15c(2), above.Member States shall identify the public affected or likely to be affected by, or having an interest in the plans, including natural or legal persons or their associations, organisations or groups, taking into account the objectives of this Directive and the potential impacts from its implementation on areas covered by other EU instruments.Member States shall ensure that the public referred to in the previous paragraph is informed electronically and by public notices or by other appropriate means of: i. the draft proposal, where available; ii. any relevant environmental information held by the competent authority;and iii. practical arrangements for participation, including: (i) the administrative entity from which the relevant information may be obtained, (ii) the administrative entity to which comments, opinions or questions may be submitted, and (iii) reasonable time- frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the environmental decisionmaking process. iv. opportunities for municipalities, residents, and the public concerned to participate in the implementation of the plans, both financially and non- financially, including through the establishment of renewable energy communities as covered by Articles 2(16) and 22 of this Directive. A time limit of at least eight weeks shall be set for receiving comments.Where meetings or hearings are organised, prior notice of at least four weeks shall be given. In taking a decision on the plans, Member States shall take due account of the outcome of the public participation. Member States shall inform the public of the plans, including theirits text, and of the reasons and considerations upon which the decision is based, together with a summary of the results of the public consultation and how those results have been incorporated or otherwise addressed.’
2022/09/29
Committee: ITRE
Amendment 213 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2018/2001
Article 16 – paragraph 2
(2) No later than fourteen daysone month for plants located in go-to areas and onetwo months for plants located outside of go-to areas, following the receipt of the application, the competent authority shall validate the application or, if the developer has not sent all the information required to process an application, request the developer to submit a complete application within fourteen daysone month from this request. If the developer does not submit a complete application within this deadline, the competent authority may reject the application in written form. In the event of a rejection, the competent authority shall justify its decision. The developer may resubmit a new application at any point in time following such rejection. The date of the acknowledgement of the validity of the application by the competent authority shall serve as the start of the permit- granting process. All applications deemed to be valid shall be made available to the public on the date of acknowledgement of their validity.
2022/09/29
Committee: ITRE
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2018/2001
Article 16 – paragraph 2a (new)
(2 a) Member States shall ensure that the financing of qualified staff, upskilling, and reskilling of their competent authorities at national, regional, and local level is proportionate with the implementation of the overall renewable energy needs established under Article 15b of this Directive, and with the planned installed renewable energy generation capacity as foreseen in their National Energy and Climate Plans updated pursuant to Article 14 of Regulation (EU)2018/1999.
2022/09/29
Committee: ITRE
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2018/2001
Article 16 – paragraph 2b (new)
(2 b) Member States shall earmark all fees linked to the application and permit- granting processes for the above purpose of further financing qualified staff and improving the capacity of the relevant permitting authority.
2022/09/29
Committee: ITRE
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2018/2001
Article 16, pagraph 3
(3) Member States shall set up or designate one or more contact points. Those contact points shall, upon request by the applicant, guide through and facilitate the entire administrative permit application and granting process. The applicant shall not be required to contact more than one contact point for the entire process. The contact point shall guide the applicant through the administrative permit application process, including the environmental related steps, in a transparent manner up to the delivery of one or several decisions by the responsible authorities at the end of the process, provide the applicant with all necessary information and involve, where appropriate, other administrative authorities. The contact point shall provide the public with information regarding their opportunities, and technical and practical aspects of installing renewables for self consumption and in the context of renewable energy communities, as required by Article 18(6) of this Directive. The contact point shall ensure fulfilment of the deadlines for the permit- granting procedures set out in this Directive. Applicants shall be allowed to submit relevant documents in digital form. By [2 years from entry into force] Member States shall ensure that all procedures are carried out in electronic format.
2022/09/29
Committee: ITRE
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2018/2001
Article 16 – paragraph 6a (new)
(6 a) Member States shall ensure that, in accordance with their national legal system and Article 9 of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (the ‘Aarhus Convention’), members of the public concerned who meet the conditions set out in paragraph (b), including natural or legal persons or their associations, organisations or groups, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions that: -fail to comply with the legal obligations provided for in Articles 15b, 15c, [15d,] 16a, and 16b of this Directive;or - are subject to Article 10 of Regulation (EU) 2018/1999. (a) For the purposes of this paragraph, an act or omission that fails to comply with legal obligations arising under Articles 15b, 15c, [15d,] 16a, and 16b of this Directive includes an act or omission with respect to a policy or measure adopted for the purposes of implementing those obligations, where that policy or measure fails to make a sufficient contribution to such implementation. (b) Members of the public concerned shall be deemed to meet the conditions referred to in paragraph (a) where: (i) they have sufficient interest;or (ii) they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the ‘Aarhus Convention’.To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph. (c) Paragraphs (a) and (b) shall not exclude the possibility of being able to have recourse to a preliminary review procedure before an administrative authority and shall not affect the requirement to exhaust administrative review procedures prior to having recourse to judicial review procedures, where such a requirement exists under national law.Any such procedure shall be fair, equitable, timely and not prohibitively expensive. (d) Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.’
2022/09/29
Committee: ITRE
Amendment 246 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2018/2001
Article 16a – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 and 5, by derogation from Article 4(2) of Directive 2011/92/EU, and Annex II, points 3(a), (b), (d), (h), (i), and 6(c) alone or in conjunction with point 13(a) to that Directive as far as this concerns renewable energy projects, new applications for renewable energy plants, except for biomass combustion plants, including the repowering of plants, in already designated renewables go-to areas for the respective technology, co-located storage facilities as well as their connection to the grid, shall be exempted from the requirement to carry out a dedicated environmental impact assessment under Article 2(1) of Directive 2011/92/EU, provided that these projects comply with the rules and measures set out in accordance with Article 15c(1), point (b). The exemption from the application of Directive 2011/92/EU above shall not apply to projects which are likely to have significant effects on the environment in another Member State or where a Member State likely to be significantly affected so requests, as provided for in Article 7 of the said Directive.deleted
2022/09/29
Committee: ITRE
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2018/2001
Article 16a – paragraph 3 – subparagraph 2
By derogation from Article 6(3) of Directive 92/43/EEC, the plants referred to in the first subparagraph, shall not be subject to an assessment of their implications for Natura 2000 sites.deleted
2022/09/29
Committee: ITRE
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2018/2001
Article 16a – paragraph 4 – subparagraph 1
The competent authorities of Member States shall carry out a screening of the applications referred to in paragraph 3. Such screening shall aim to identify if any of such projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographical areas where they are located, that were not identified during the environmental assessment of the plan or plans designating renewables go-to areas carried out in accordance with Directive 2001/42/EC and, if relevant, with Directive 92/43/EEC. The screening carried out for the repowering of projects shall be limited to the potential impacts stemming from the change or extension compared to the original project.deleted
2022/09/29
Committee: ITRE
Amendment 256 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2018/2001
Article 16a – paragraph 4 – subparagraph 2
For the purpose of such screening, the project developer shall provide information on the characteristics of the project, on its compliance with the rules and measures identified according to Article 15c (1), points (b) and (c), for the specific go-to area, on any additional measures adopted by the project and how these measures address environmental impacts. Such screening shall be finalised within 30 days from the date of submission of the applications for new renewable energy plants, with the exception of applications for installations with an electrical capacity of less than 150 kW. For such installations and for new applications for the repowering of plants, the screening phase shall be finalized within 15 days.deleted
2022/09/29
Committee: ITRE
Amendment 258 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2018/2001
Article 16a – paragraph 5
(5) Following the screening process, the applications referred to in paragraph 3 shall be authorised from an environmental perspective without requiring any express decision from the competent authority, unless the competent authority adopts an administrative decision, duly motivated and based on clear evidence, that a specific project is highly likely to give rise to significantunforeseen adverse effects in view of the environmental sensitivity of the geographic area where they are located that cannot be mitigated by the measures identified in the plan or plans designating go-to areas or proposed by the developer for the project. Such decision shall be made available to the public. Such projects shall be subject to an assessment in accordance with Directive 2011/92/EC and, if applicable, to an assessment under Article 6(3) of Directive 92/43/EEC, which shall be carried out within six months following the screening decision.deleted
2022/09/29
Committee: ITRE
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2018/2001
Article 16a – paragraph 6
(6) In the permit-granting process of the applications referred to in paragraphs 1 and 2, the lack of reply of the relevant administrative bodies within the established deadline shall result in the specific administrative steps to be considered as approved, except in those cases where the specific project is subject to an environmental impact assessment in accordance with paragraph 5. All resulting decisions will be publicly available.deleted
2022/09/29
Committee: ITRE
Amendment 271 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2018/2001
Article 16b – paragraph 2 – subparagraph 1
Where an environmental assessment is required under Directive 2011/92/EU or Directive 92/43/EEC, it shall be carried out in a single procedure that combines all relevant assessments for a given project. When any such environmental impact assessment is required, the competent authority, taking into account the information provided by the developer, shall issue an opinion on the scope and level of detail of the information to be included by the developer in the environmental impact assessment report, of which the scope shall not be extended subsequently. Where the specific projects have adopted appropriate mitigation measures, any killing or disturbance of the species protected under Article 12(1) of Directive 92/43/EEC and Article 5 of Directive 2009/147/EC shall not be considered deliberate. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Council Directive 92/43/EEC and Directive 2009/147/EEC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such measures is closely monitored and appropriate steps are taken immediately if they do not prove to be effective. The permit-granting process for the repowering of projects and for new installations with an electrical capacity of less than 150 kW, co-located storage facilities as well as their grid connection, located outside renewables go-to areas shall not exceed one year including environmental assessments where required by relevant legislation. Where duly justified on the ground of extraordinary circumstances, this one- year period may be extended by up to three months. Member States shall clearly inform the developers about the extraordinary circumstances that justified the extension.deleted
2022/09/29
Committee: ITRE
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2018/2001
Article 16c
Article 16c Permit-granting process for the installationAccelerated deployment of solar energy equipment in artificial structures
2022/09/29
Committee: ITRE
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2018/2001
Article 16c – paragraph 1
(1) Member States shall ensure that the permit-granting process referred to in Article 16(1) for the installation of solar energy equipment, including building- integrated solar installations, in existing or future artificial structures, with the exclusion of artificial water surfaces, shall not exceed three months, provided that the primary aim of such structures is not solar energy production. By derogation from Article 4(2) of Directive 2011/92/EU andAnnex II, points 3(a) and (b), alone or in conjunction with point 13(a) to that Directive, such inFor rooftop solar installations below 50 kW, Member States will ensure only simplified authorisation procedures are in place. Requirements for construction permits will be removed in case staillation of solar equipment shall be exempted from the requirement, if applicable, to carry out a dedicated environmental impact assessment under Article 2(1) of Directive 2011/92/EU in place. Member States shall also establish a roadmap to remove other barriers and to enhance the accelerated deployment of solar energy.
2022/09/29
Committee: ITRE
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2018/2001
Article 16d
Article 16d Overriding public interestdeleted
2022/09/29
Committee: ITRE
Amendment 301 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive 2010/31
Article 9a
(a) by 31 December 20264, on all new public and commercial buildings with useful floor area larger than 250 square meters;
2022/09/29
Committee: ITRE
Amendment 302 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive 2010/31
Article 9a
(b) by 31 December0 June 20275, on all existing public and commercial buildings with useful floor area larger than 250 square meters;, and all new residential buildings.
2022/09/29
Committee: ITRE
Amendment 303 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive 2010/31
Article 9a
(c) by 31 December 2029, on all new residential buildings.deleted
2022/09/29
Committee: ITRE
Amendment 304 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Directive 2010/31
Article 9
Member States shall define, and make publicly available, criteria at national level for the practical implementation of these obligations, and for possible exemptions for specific types of buildings, in accordance with the assessed technical and economic potential of the solar energy and storage installations and the characteristics of the buildings covered by this obligation.
2022/09/29
Committee: ITRE