26 Amendments of Petros KOKKALIS related to 2022/0160(COD)
Amendment 1 #
Proposal for a directive
Recital 1
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 energy transition and significantly higher shares of renewable energy sources in an integrated and socially just energy system. __________________ 16 Communication from the Commission COM/2019/640 final, The European Green Deal. 17 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 6 #
Proposal for a directive
Recital 7
Recital 7
(7) Some of the most common issues faced by renewable energy project developers relate to the 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 procedprocedures and permitting processes for renewable energy projects should be improved, without any harmful impact to the environment. Accelerating deadlines should in no case skip or impoverish procedures that aim to provide legal certainty and environmental security. In addition, large energy companies have better resources and processes for renewable energy projectto present projects, which results in a concentration of the majority of energy projects by them. In this sense, renewable energy community projects should be prioritised in order to avoid an oligopoly of the energy market by large companies.
Amendment 7 #
Proposal for a directive
Recital 7
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-relatedhe understaffing and underfinancing of the competent national authorities responsible for the assessment of the proposed projects as well as to difficulties related to the connection to the grid. Therefore, it is appropriate to enhance the administrative capacities of the Member States, ensure seamless connection to the grid and streamline certain aspects of the permit-granting procedures and processes for renewable energy projects.
Amendment 15 #
Proposal for a directive
Recital 11
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, as well as hold the relevant agent, actor or company accountable.
Amendment 19 #
Proposal for a directive
Recital 12
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 applicable, where relevant. __________________ 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).
Amendment 21 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) To increase public acceptance of renewable energy projects and empower citizens and local communities to produce and consume their own energy, Member States should take appropriate measures to duly inform citizens on new projects and equally promote and facilitate their participation in those, inter alia through renewable energy communities.
Amendment 35 #
Proposal for a directive
Recital 18
Recital 18
(18) The construction and operation of renewable energy plants may result inshould avoid the occasional killing or disturbance of birds and other species 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,The entity responsible for the project should take appropriate mitigation measures to avoid collisions or prevent disturbance, and if ito carriesy out a pproperiate monitoring to assess the effectiveness of suchthese measures and, i. In the lighevent of the information gathered, takes further measures as required to ensure no significant negative impact on the population of the species concernoccurrence of killing or disturbance, the entity responsible for the project should also be held liable and should be responsible for repairing the damage caused. __________________ 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).
Amendment 65 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 2 a (new)
Article 15b – paragraph 2 a (new)
2a. By 1 year after the entry into force of this Directive, Member States shall carry out an assessment of the sensitivity of their protected species and habitats to planned energy production from renewable sources and weigh them against their sensitivity against global warming. 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 lower 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.
Amendment 66 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 2 b (new)
Article 15b – paragraph 2 b (new)
2b. When identifying areas referred to in paragraph 1, Member States shall identify: (a) 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; (b) 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 (c) 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 Where Member States identify gaps and deficits, they shall remedy these in order to reach the targets of 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.
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 3 a (new)
Article 15b – paragraph 3 a (new)
(3a) When identifying the areas referred to in paragraph 1, Member States shall allow reasonable timeframes to inform and consult the public.
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1
Article 15c – paragraph 1 – subparagraph 1
Amendment 75 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – introductory part
Article 15c – paragraph 1 – subparagraph 1 – point a – introductory part
(a) Designate sufficiently homogeneous land and sea areas where the deployment of a specific type or types of renewable energy is not expected to have significantlow environmental impacts, in view of the particularities of the selected territory according to the sensitivity mapping under Article 15b(2a), in view of the particularities of the selected territory. The overall amount of land and sea areas designated as renewables areas shall match the space requirements identified to reach the 2030 and 2040 targets for renewable energy as set under Article 15b(1) of this Directive and included in national energy and climate plans of Member States, as updated pursuant to Article 14 of Regulation (EU) 2018/1999. In doing so, Member States shall:
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 2
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 2
— exclude Natura 2000 sites and nature parks and reserves, the identified bird migratory routes as well as other areas identified based on sensitivity maps and the tools referred to in the next point, except for artificial and built surfaces located in those areas such as rooftops, parking areas or transport infrastructure. secondly designate areas for renewable energy, except new hydropower plants, where the installation of this type can be expected to have low environmental impact and which are outside Natura 2000 sites and other protected areas, the identified bird and marine mammal migratory routes, blue carbon ecosystems, buffer zones and ecological corridors, restoration areas in line with the [Nature Restoration Regulation], as well as other areas identified based on sensitivity maps and the tools referred to in the next point, except for artificial and built surfaces located in those areas such as rooftops, parking areas or transport infrastructure on the condition that the artificial and built surfaces in question are not spatially expanded and pursuant to the appropriate assessment of Article 6(3) of Directive 92/43/EEC. For these areas, Member States shall designate them within 2 year of the entry into force of [the Nature Restoration Regulation] but no later than 3 years after the entry into force of this Directive.
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 2
Article 15c – paragraph 2
(2) Before its adoption, the plan or plans designating renewables go-to areas shall be subject to an environmental assessment carried out in accordance with the conditions set out in Directive 2001/42/EC, and where applicable, if including artificial and built surfaces located in Natura 2000 sites, likely to have significant impacts in those sites, to the appropriate assessment in accordance to Article 6(3) of Directive 92/43/EEC. Member States shall allow sufficient time for public consultation prior to the adoption of the plan or plans.
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 2
Article 15c – paragraph 2
(2) Before its adoption, the plan or plans designating renewables go-to areas shall be subject to an site and project-specific environmental assessment carried out in accordance with the conditions set out in Directive 2001/42/EC, and where applicable, if including artificial and built surfthey may have significant impacets located ion Natura 2000 sites, likely to have significant impacts in those sitein those sites, either individually or in combination with other plans or projects, to the appropriate assessment in accordance to Article 6(3) of Directive 92/43/EEC.
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 2 a (new)
Article 15c – paragraph 2 a (new)
(2a) When identifying the areas referred to in Article 15b(1) at sea, the designation shall be aligned 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 shall be updated as soon as new EU legislation impacting spatial planning is published, Member States shall increase the space designated for renewable energy production in line with the climate targets for 2030, 2040 and 2050.
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 3
Article 15c – paragraph 3
(3) The plan or plans idesignating renewables go-to areasntifying land and sea areas necessary for the installation of plants for the production of energy from renewable sources and designating renewables 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.
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 3
Article 15c – paragraph 3
(3) The plan or plans designating renewables go-to areas and the accompanying environmental assessment shall be made public and shall be reviewed periodically, at least in the context of the update of the national energy and climate plans pursuant to Article 14 of Regulation (EU) 2018/1999.
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 3 – subparagraph 2
Article 16a – paragraph 3 – subparagraph 2
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 4 – subparagraph 1
Article 16a – paragraph 4 – subparagraph 1
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 4 – subparagraph 2
Article 16a – paragraph 4 – subparagraph 2
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 5
Article 16a – paragraph 5
Amendment 182 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2018/2001
Article 16b – paragraph 2 – subparagraph 1
Article 16b – paragraph 2 – subparagraph 1
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2018/2001
Article 16c – title
Article 16c – title
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2018/2001
Article 16c – paragraph 1
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 shall ensure only simplified authorisation procedures are in place. Requirements for construction permits shall 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.