Activities of Idoia VILLANUEVA RUIZ related to 2022/0160(COD)
Shadow opinions (1)
OPINION 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
Amendments (29)
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 13 #
Proposal for a directive
Recital 9
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 significantny environmental impact. In the designation of renewables go-to areas, Member States should avoid protected areas to the extent possible and consider 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.
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 41 #
Proposal for a directive
Recital 22
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.
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 81 #
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 1
Article 15c – paragraph 1 – subparagraph 1 – point a – indent 1
— give priority tofirst designate artificial and built surfaces, such as for renewable energy, except new hydropower and bioenergy, where the installation of this type of renewable energy can be expected to have low environmental impact. These are rooftops, transport infrastructure areas, parking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture;. For these areas (‘renewable go-to areas’), Member States shall designate them within 1 year of the entry into force of this Directive. When appropriate, the contamination levels shall be assessed.
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 97 #
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 b
Article 15c – paragraph 1 – subparagraph 1 – point b
(b) Establish appropriate rules for the designated renewable go-to areas, including on the appropriate and effective mitigation measures to be adopted for the installation of renewable energy plants, co-located energy storage facilities, as well as assets necessary for their connection to the grid, in order to avoid or, if not possible, to significantly reduce the negative environmental impacts that may arise. Where appropriate, Member States shall ensure that appropriate mitigation measures are applied to prevent the situimplement obligations described in Articles 6(2) and 12(1) of Directive 92/43/EEC, Article 5 of Directive 2009/147/EEC and Article 4(1)(a)(i) and (ii) of Directive 2000/60/EC. Such rules shall be targeted to the specificities of each identified renewable go-to area, the renewable energy technology or technologies to be deployed in each area and the identified environmental impacts. Compliance with such rules and the implementation of the appropriate mitigation measures by the individual projects shall result in the presumption that projects are not in breach of those provisions without prejudice to paragraphs 4 and 5 of Article 16a. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Council Directive 92/43/EEC and Directive 2009/147/EEC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such measures is and risks. The effectiveness of such measures shall be closely monitored and appropriate steps are shall be taken immediately if they do not prove to be effective. .
Amendment 109 #
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 2
Article 15c – paragraph 1 – subparagraph 2
Member States shall explain in the plan the assessment made to identify each designated go-to area on the basis of the criteria set out in point (a) and to identify appropriate mitigation measures.
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 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.
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2018/2001
Article 16d
Article 16d