95 Amendments of Antoni COMÍN I OLIVERES related to 2023/0081(COD)
Amendment 7 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Single Market provides the appropriate environment for enabling access at the necessary scale and pace to the technologies required to achieve the Union’s climate ambition. Given the complexity and the transnational character of net-zero technologies, uncoordinated national measures to ensure access to those technologies would have a high potential of distorting competition and fragmenting the Single market. Therefore, to safeguard the functioning and the development of the Single market it is necessary to create a common Union legal framework to collectively address this central challenge by increasing the Union’s resilience and security of supply in the field of net-zero technologies, enabling them to reach economies of scale both in the territory of the Union and elsewhere. This Regulation also sets up the main parameters for Europe’s green re-industrialisation based on the energy, climate, environmental and digital transitions, aiming at Europe’s industry to preserve and increase its levels of competitiveness on the global market, with extensively guaranteed labour rights and focus on research, development and innovation policies for the aforementioned technologies.
Amendment 12 #
Proposal for a regulation
Recital 3
Recital 3
(3) Regarding external aspects, in particular regarding emerging markets and developing economies, the EU will seek win-win partnerships in the framework of its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well as to partner countries’ efforts to pursue twin transition and develop local value addition. The Union should seek to ensure open global supply chains, with the aim to maintain the multilateral framework of the WTO, as well as the Union’s autonomous measures on trade policy. These principles go hand in hand with the upmost respect to human and environmental rights and the achievement of the UN’s Sustainable Development Goals. Finally, the Union should continue its commitment to trade agreements with sustainable development chapters encompassing, inter alia, circularity policies and the development of repair and second hand markets.
Amendment 29 #
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth, geared towards exports and sustainable domestic supply.
Amendment 35 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Research, development and innovation (R&D&I) are of key importance in the green digital transition, also with regard to, inter alia, combined heat and power systems or the transition towards heat pumps. All public authorities, together with private stakeholders, should lead and give incentives on this type of R&D&I, establishing regulatory sandboxes and other policies aimed at achieving climate neutrality and a sustainable and circular industry and economy.
Amendment 45 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Union’s decarbonisation objectives, security of energy supply, digitalisation of the energy system and electrification of demand, for example in mobility and the need for fast recharging points, require an enormous expansion and development of electricity grids in the European Union, both at transmission level and at distribution level. At transmission level, high-voltage direct current (HVDC) systems are needed to connect offshore renewable energies; while at distribution level, connecting electricity providers and managing demand-side flexibility builds on investments in innovative grid technologies, such as electric vehicles smart charging (EVSC), energy efficiency building and industry automation and smart controls, advanced meter infrastructure (AMI) and home energy management systems (HEMS). The Commission, the Member States and the regions of the Union should ensure that the electricity grid needs to interacts with many actors or devices based on a detailed level of observability, and hence availability of data, to enable flexibility, smart charging and smart buildings with smart electricity grids enabling demand side response from consumers and the uptake of renewables. Connecting the net-zero technologies to the network of the European Union requires the substantial expansion of manufacturing capabilities for electricity grids in areas such as offshore and onshore cables, substations and transformers. Public authorities should guarantee that all the main electricity grids have an up-to-date infrastructure, duly linked and functioning, with the aim of guaranteeing the sufficient electric power for the industrial purposes established in this Regulation
Amendment 63 #
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies for unavoidable emissions and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 89 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Union has helped build a global economic system based on open and rules-based trade, pushed for respecting and advancing social and environmental sustainability standards, and is fully committed to those values. As a prime participant in the World Trade Organisation (WTO), the Union is an active member of the global trade community, with social and environmental standards that are guaranteed through the world to ensure a level-playing field. These standards should be also implemented in the Net- Zero Industry Partnerships established in this Regulation. The lessons learned as regards to the European Clean Tech Valleys should be put to work in third countries with the help of international Net-Zero Industry Partnerships.
Amendment 103 #
Proposal for a regulation
Recital 19
Recital 19
(19) Increasing the manufacturing capacity of net-zero technologies in the European Union will also facilitate the global supply of net-zero technologies and the transition towards clean energy sources globally, lowering dependencies as much as possible and ensuring a circular and sustainable economy.
Amendment 107 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) This Regulation also seeks to develop repair and second-hand markets for electrical and electronic equipment (EEE) manufactured during the implementation of this Regulation. The management of waste electrical and electronic equipment (WEEE) and the application of Extended Producer Responsibility (EPR) requirements for EEE are regulated by the Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE Directive). Under this legal instrument, Member States had to transpose the obligations of the Directive to ensure that all waste arising from EEE placed on the Union market is collected, recovered and treated in an environmentally sound manner. For instance, the WEEE Directive requires all producers, whether based within or outside the Union, supplying EEE to the single market, to finance WEEE collection and recycling. This covers EEE that may be subsequently exported for second-hand use. It also sets out targets for the collection and recycling of WEEE to radically reduce the amount of such waste that undergoes substandard treatment inside or outside the EU. Finally, it sets out the minimum requirement to ensure that shipments of WEEE are not disguised as shipments of used EEE through testing and documentation on the nature of the shipment. In addition, the Union is involved in a number of initiatives and agreements regarding exports of used EEE and WEEE and supports a set of programmes in a number of developing countries, aiming to the environmentally sound management of WEEE. The Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (Waste Shipment Regulation) prohibits the export of waste, including WEEE containing hazardous substances, to non- OECD (Organisation for Economic Cooperation and Development) countries, as well as the export waste destined for disposal outside the Union and European Free Trade Association (EFTA) countries. These two pieces of legislation are therefore complemented by the current Regulation, which sets up standards for repair and second-hand markets of net-zero technologies manufactured after the entry into force of this Regulation.
Amendment 117 #
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, the Communication on the Green Deal Industrial Plan for the Net- Zero Age42[1] sets out a comprehensive approach to support a clean energy technology scale up based on four pillars. The first pillar aims at creating a regulatory environment that simplifies and fast-tracks permitting for new net-zero technology manufacturing and, assembly and circularity sites and facilitates the scaling up of the net-zero industry of the Union and the diversification of business models. The second pillar of the plan is to boost investment in and financing of net-zero technology production, through the revised Temporary Crisis and Transition Framework adopted in March 2023 and the creation of a European Sovereignty fund to preserve the European edge on critical and emerging technologies relevant to the green and digital transitions. The third pillar relates to developing the skills needed to make the transition happen and increase the number of skilled workers in the clean energy technology sector. The fourth pillar focuses on trade and the diversification of the supply chain of critical raw materials in an environmentally and socially sustainable manner. That includes creating a critical raw materials club, working with like- minded partners to collectively strengthen supply chains and diversifying away from single suppliers for critical input. _________________ 42, complying with social and environmental standards. [1] Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: A Green Deal Industrial Plan for the Net-Zero Age, COM/2023/62 final, 01.02.2023.
Amendment 121 #
Proposal for a regulation
Recital 24
Recital 24
(24) Under the first pillar, the Union should develop and maintain an industrial basis for the provision of net-zero technology solutions to secure its energy supply, while also living up to its ambitions on climate neutrality. To support that goal and to avoid dependencies for the supply of net-zero technologies that would delay the Union’s greenhouse gas emission reductions efforts or put at risk the security of supply of energy, this Regulation shall set out provisions to encourage demand for sustainable and resilient net-zero technologies, both coming from primary and secondary or second-hand markets.
Amendment 125 #
Proposal for a regulation
Recital 25
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additional criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental and innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability and resilience in relation to a series of criteria relating to the tender’s environmental sustainability, innovation, system integration and to resilience. Contracting authorities should ensure the level-playing field among all economic operators, especially focusing on small and medium-size enterprises (SMEs), avoid any type of market concentration or the creation of new oligopolies. The Commission should set up standardised templates on how to apply for these tenders and should ensure an operating single market for all economic operators interested in developing net-zero technologies.
Amendment 127 #
Proposal for a regulation
Recital 30
Recital 30
(30) Council Decision 2014/115/EU approved in particular the amendment to the World Trade Organisation Agreement on Government Procurement (the ‘GPA’)46 [1]. The aim of the GPA is to establish a multilateral framework of balanced rights and obligations relating to public contracts with a view to achieving the liberalisation and expansion of world trade. For contracts covered by the European Union’s Appendix I to the GPA, as well as by other relevant international agreements by which the Union is bound, including free trade agreements and the Article III:8(a) of the General Agreement on Tariffs and Trade of 1994 for procurement by governmental agencies of products purchased with a view to commercial resale or with a view to use in the production of goods for commercial sale, contracting authorities and contracting entities should not apply the requirements of Article 19 (1) point (d) to economic operators of sources of supply that are signatories to the agreements. _________________ 46The Union should seek reciprocity between European and third countries stakeholders. [1] Council decision 2014/115/EU of 2 December 2013 on the conclusion of the Protocol Amending the Agreement on Government Procurement, (OJ L68, 7.3.2014, p. 1).
Amendment 130 #
Proposal for a regulation
Recital 35
Recital 35
(35) Households and final consumers are an essential part of the Union’s demand for net-zero technologies final products and public support schemes to incentivize the purchase of such product by households, in particular for vulnerable low- and lower middle-class income households and consumers, are important tools to accelerate the green transition. Under the solar rooftop initiative announced in the EU solar strategy52 , Member States should for instance set-up national programmes to support the massive deployment of rooftop solar energy. In the REPowerEU plan, the Commission called Member States to make full use of supporting measures which encourage switching to heat pumps. Such support schemes set up nationally by Member States or locally by local or regional authorities should also contribute to improving the sustainability and resilience of the EU net- zero technologies. Public authorities should for instance provide higher financial compensation to beneficiaries for the purchase of net-zero technology final products that will make a higher contribution to resilience in the Union. Public authorities should ensure that their schemes are open, transparent and non- discriminatory, so that they contribute to increase demand for net-zero technology products in the Union. Public authorities should also limit the additional financial compensation for such products so as not to slow down the deployment of the net- zero technologies in the Union. To increase the efficiency of such schemes Member States should ensure that information is easily accessible both for consumers and for net-zero technology manufacturers on a free website. The use by public authorities of the sustainability and resilience contribution in schemes targeted at consumers or households should be without prejudice to State aid rules and to WTO rules on Subsidies. _________________ 52 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions : EU Solar Energy Strategy, COM(2022) 221 final, 18.05.2022.
Amendment 131 #
Proposal for a regulation
Recital 37
Recital 37
(37) The Commission should also assist Member States and regions in the design of schemes targeted at households and consumers to build synergies and exchange best practices and lessons learned. The Net-Zero Europe Platform should also play an important role in accelerating the implementation of the sustainability and resilience contribution by Member States and public authorities in their public procurement and auctioning practices. It should issue guidance and identify best practices on how to define the contribution and use it, providing concrete and specific examples. The Platform should be open to different types of stakeholders, especially SMEs and consumer protection associations, as well as the European Parliament.
Amendment 134 #
Proposal for a regulation
Recital 39
Recital 39
(39) As indicated in the Communication on the Green Deal Industrial Plan for the Net-Zero Age, published on 1 February 2023, the Union’s industry’s market shares are under strong pressure, due to subsidies in third countries which undermine a level playing field. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal framework, deploying its autonomous measures on trade defence and use the Union’s full potential as regards to the implementation of the concluded FTAs and to the Union’s active participation in the WTO.
Amendment 141 #
Proposal for a regulation
Recital 50
Recital 50
(50) At the same time, the unpredictability, complexity and at times, excessive length of national permit- granting processes undermines the investment security needed for the effective development of net-zero technologies manufacturing projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedures. In addition, Net-Zero Strategic Projects should be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them, without preventing competent authorities to streamline permitting for other net-zero technologies manufacturing projects that are not Net- Zero Strategic Projects or more generally. Member States should not prioritise only a certain set of economic operators but ensure the level-playing field to all of them, especially SMEs. All strategic projects should include chapters on circularity.
Amendment 149 #
Proposal for a regulation
Recital 52
Recital 52
(52) In order to reduce complexity and increase efficiency and transparency, project promoters of net-zero technologies manufacturing projects should be able to interact with a single nationaln authority responsible for coordinating the entire permit granting process and issuing a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority. Depending on a Member State’s internal organisation, it should be possible for the tasks of the national competent authority s to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of their responsibilities, Member States should provide their national competent authority, or any authority acting on their behalf, with sufficient personnel and resources.
Amendment 151 #
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure clarity about the permitting status of Net-Zero Strategic Projects and to limit the effectiveness of potential abusive litigation, while not undermining effective judicial review, Member States should ensure that any dispute concerning permit granting process is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to a simple dispute settlement procedure and that Net-Zero Strategic Projects are granted urgent treatment in all judicial and dispute resolution procedures relating to them while ensuring respect for the rights of defence.
Amendment 152 #
Proposal for a regulation
Recital 54
Recital 54
(54) In order to allow businesses and project promoters, including for cross- border projects, to directly enjoy the benefits of the internal market without incurring an unnecessary additional administrative burden, Regulation (EU) 2018/1724 of the European Parliament and the Council64 provides for general rules for the online provision of procedures relevant for the functioning of the internal market. The information that needs to be submitted to national competent authorities as part of the permit-granting processes covered by this Regulation are to be covered in Annex I of Regulation (EU) 2018/1724 following its amendment by this Regulation, and the related procedures are included in its Annex II so as to ensure that project promoters can benefit from fully online procedures and the Once-Only Technical System. National cCompetent authorities acting as one stop shop pursuant to this Regulation are included in the list of assistance and problem-solving services in Annex III of Regulation (EU) 2018/1724. _________________ 64 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).
Amendment 166 #
Proposal for a regulation
Recital 57
Recital 57
(57) The environmental assessments and authorisations required under Union law, including in relation to water, air, ecosystems, habitats, biodiversity and birdsin general and birds in particular, are an integral part of the permit granting procedure for a net zero technologies manufacturing project and an essential safeguard to ensure negative environmental impacts are prevented or minimised. However, to ensure that permit granting procedures for net zero technologies manufacturing projects are predictable and timely, any potential to streamline the required assessments and authorisations while not lowering the level of environmental protection should be realised. In that regard, it should be ensured that the necessary assessments are bundled to prevent unnecessary overlap and it should be ensured that project promoters and responsible authorities explicitly agree on the scope of the bundled assessment before the assessment is carried out to prevent unnecessary follow-up.
Amendment 182 #
Proposal for a regulation
Recital 69
Recital 69
(69) At Union level, a Net-Zero Europe Platform, should be established, composed of the Member States and chaired by the Commission. The Net-Zero Europe Platform may advise and assist the Commission and Member States and, where applicable, regions on specific questions and provide a reference body, in which the Commission and Member States and, where applicable, regions coordinate their action and facilitate the exchange of information on issues relating to this Regulation. The Net- Zero Europe Platform should further perform the tasks outlined in the different Articles of this Regulation, notably in relation to permitting, including one-stop shops, Net-Zero Strategic Projects, coordination of financing, access to markets and skills as well as innovative net-zero technologies regulatory sandboxes. Where necessary, the Platform may establish standing or temporary subgroups and invite third parties, such as experts or representatives from net-zero industries.
Amendment 184 #
Proposal for a regulation
Recital 70
Recital 70
(70) As part of the Green Deal Industrial Plan the Commission announced its intention to conclude Net-Zero Industrial Partnerships covering net-zero technologies, to adopt net-zero technologies globally and to support the role of EU industrial capabilities in paving the way for the global clean energy transition. The Commission and Member States and regions may coordinate within the Platform the Partnerships, discussing existing relevant partnerships and processes, such as green partnerships, energy dialogues and other forms of existing bilateral contractual arrangements, as well as potential synergies with relevant Member States’ bilateral agreements with third countries.
Amendment 185 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zero technologies in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality job, to enable Europe’s green re- industrialisation based on the energy, climate, environmental and digital transitions, to foster Europe’s industry to preserve and increase its levels of competitiveness on the global markets, and to contribute to the creation of quality jobs with extensively guaranteed labour rights and focus on research, development and innovation policies for the aforementioned technologies.
Amendment 204 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) circularity objectives for the supply chains of net-zero technologies, with the aim at recycling and creating repair and second-hand markets.
Amendment 207 #
Proposal for a regulation
Article 1 – paragraph 2 – point b b (new)
Article 1 – paragraph 2 – point b b (new)
bb) the reduction of strategic dependencies from third countries without hampering open, fair and sustainable trade.
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The Commission shall review and, if necessary, update the list of net-zero technologies and strategic net-zero technologies by [2 years after the date of entry into force of this Regulation], and every 2 years thereafter.
Amendment 242 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘net-zero technology manufacturing and deployment project’ means a planned industrial facility or extension or repurposing of an existing facility manufacturing net-zero technologies;
Amendment 245 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) ‘circularity’ in this Regulation means the processes of redesign, reduce, reuse, renew, repair, recycle and retrieve net-zero technology products to give them new uses or all of their possible uses through the repair market;
Amendment 246 #
Proposal for a regulation
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) ‘repair market’ means the single market for undertakings specialising in processes of repairing objects, parts, structures or products that are not functioning or are not functioning correctly as regards to the utilisation standards set by the original producer;
Amendment 248 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘comprehensive decision’ means the decision or set of decisions taken by Member State or, where applicable, regional authorities not including courts or tribunals that determines whether or not a project promoter is authorised to implement a net-zero technology manufacturing project, without prejudice to any decision taken in the context of an administrative appeal procedure;
Amendment 255 #
Proposal for a regulation
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘CO2 injection capacity’ means the annual amount of CO2 that can be injected in an operational geological storage site, permitted under Directive 2009/31/EC, with the purpose to reduce emissions or increase carbon removals, in particular from large scale industrial installations emitting unavoidable emissions and which is measured in tonnes per annum;
Amendment 261 #
Proposal for a regulation
Article 3 – paragraph 1 – point s a (new)
Article 3 – paragraph 1 – point s a (new)
(sa) ‘stockpiling’ for the purpose of this Regulation means the strategic accumulation of the strategic, critical, and essential raw materials established in the Annexes of the Critical Raw Materials Act and subsequent delegated and implementing acts throughout the territory of the Union with the objective to ensure 60 days of domestic consumption of imports in case of sudden or severe disruptions in the dedicated supply chains;
Amendment 265 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. By …[3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority which shall be responsible for facilitating and coordinating the permit-granting process for net-zero technology manufacturing projects, including for net-zero strategic projects, and to provide advice on reducing administrative burden in line with Article 5.
Amendment 266 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Competent authorities shall ensure the level-playing field among undertakings, especially small and medium-size enterprises, and shall avoid any type of market concentration and shall ensure an operating single market for all economic operators interested in developing net-zero technologies.
Amendment 267 #
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The Commission shall set up standardised templates with an implementing act on how to apply for these tenders.
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The national competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit-granting process leading to a comprehensive decision for a given project and shall coordinate the submission of all relevant documents and information.
Amendment 271 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. The responsibilities of the national competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for any given project, provided that:
Amendment 273 #
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) the national competent authority notifies the project promoter of that delegation;
Amendment 276 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The national competent authority shall take into consideration any valid studies conducted, and permits or authorisations issued, for a given project before the project entered the permit- granting process in accordance with this Article and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 278 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The national competent authority shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit-granting process and the issuance of permits to construct or expand projects, including, where applicable, alternative dispute resolution mechanisms.
Amendment 279 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that the national competent authority responsible for the entire permit-granting processes, including all procedural steps, has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation.
Amendment 281 #
Proposal for a regulation
Article 4 – paragraph 8 a (new)
Article 4 – paragraph 8 a (new)
8a. In line with the One Stop Shop, the Commission shall facilitate a European one-stop shop aimed at complaints and other problems and challenges that undertakings may face during all the steps of their application.
Amendment 284 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) funding possibilities at Union or, Member State or, where applicable, regional and local level;
Amendment 304 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. No later than one month following the receipt of the permit-granting application, competent authorities shall validate the application or, if the project promoter has not sent all the information required to process an application, request the project promoter to submit a complete application within fourteen days from that request. The date of the acknowledgement of the validity of the application by the national competent authority referred to in Article 4(1) shall serve as the start of the permit granting process.
Amendment 306 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. No later than one month following the date of the acknowledgement of the validity of the application, the national competent authority shall draw up, in close cooperation with the project promoter and other authorities concerned, a detailed schedule for the permit granting process. The schedule shall be published by the national competent authority referred to in Article 4(1) on a free access website.
Amendment 310 #
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
9. The time limits set in this Article for any of the permit granting procedures shall be without prejudice to any shorter time limits set by Member States or, where applicable, regions.
Amendment 319 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 9 of Directive 2011/92/EU, the project promoter concerned shall request an opinion to the competent authority referred to in Article 4 on the scope and level of detail of the information to be included in the environmental impact assessment report pursuant to Article 5(1) of that Directive. The national competent authority shall ensure that the opinion referred to in the first subparagraph is issued as soon as possible and within a period of time not exceeding 30 days from the date on which the project promoter submitted its request.
Amendment 321 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Where the obligation to assess the effects on the environment arises simultaneously from Directive 2011/92/EU, Directive 92/43/EEC, Directive 2009/147/EC of the European Parliament and the Council, Directive 2000/60/EC, Directive 2001/42/EC of the European Parliament and the Council68 , Directive 2008/98/EC of the European Parliament and of the Council69 , Directive 2010/75/EU or Directive 2012/18/EU of the European Parliament and the Council70 , the national competent authority shall provide for coordinated or joint procedures fulfilling the requirements of that Union legislation. _________________ 68 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 (OJ L 197, 21.7.2001, p. 30). 69 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 70 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1).
Amendment 322 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Under the coordinated procedure referred to in the first subparagraph, the national competent authority shall coordinate the various individual assessments of the environmental impact of a particular project required by the applicable Union legislation.
Amendment 324 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Under the joint procedure referred to in the first subparagraph, the national competent authority shall provide for a single assessment of the environmental impact of a particular project required by the applicable Union legislation.
Amendment 335 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The national competent authority shall ensure that the authorities concerned issue a reasoned conclusion as referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment within three months of receiving all necessary information gathered pursuant to Articles 5, 6 and 7 of that Directive and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 368 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities shall, where appropriate, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects and all the necessary infrastructure, including manufacturing components, parts, materials and raw materials. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 403 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point i
Article 10 – paragraph 1 – point b – point i
(i) it adds significant manufacturing capacity in the Union for net-zero technologies without creating new strategic dependencies from third countries;
Amendment 413 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv
Article 10 – paragraph 1 – point b – point iv
(iv) it adopts comprehensive low- carbon and circular manufacturing practices, including waste heat recovery and the development of undertakings and markets specialising in the repair of net- zero products.
Amendment 421 #
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) The Net-zero technology manufacturing Project contributes to resource efficiency and has a positive impact on circularity.
Amendment 447 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for recognition of net- zero technology projects as net-zero strategic projects shall be submitted by the project promoter to the relevant Member State or to the Commission.
Amendment 448 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall assess the application referred to in paragraph 1 through a fair and transparent process within a month. The absence of a decision by Member States within that time frame shall constitute an approval of the project. Member States shall ensure the level- playing field among all undertakings, especially small and medium-size enterprises.
Amendment 452 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Project promoters and all authorities that, under national law, are competent to issue various permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure, shall ensure that for net-zero strategic projects those processes are treated in the most rapid way possible in accordance with Union and national lawlaw, ensuring the level-playing field and avoiding any distortion of the market.
Amendment 454 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Without prejudice to obligations provided for in Union law, Member States shall grant net-zero strategic projects the status of the highest national significance possible, where such a status exists in national law, and be treated accordingly in the permit-granting processes including those relating to environmental assessments and if national law so provides, to spatial planning.
Amendment 465 #
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. In case the national court or tribunal or panel takes more than six months to settle any dispute resolution procedure, litigation, appeal or judicial remedy related to net-zero strategic projects, the complainant shall be able to inform the Commission, which shall implement an open portal to receive this type of information. The Commission, by means of an implementing act, shall set up this open portal after consulting with the Net-Zero Platform.
Amendment 486 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. National cCompetent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary steps to be considered as approved, except where the specific project is subject to an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directive 2000/60/EC, Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, 2011/92/EU or Directive 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments concerned have not yet been carried out, or where the principle of administrative tacit approval does not exist in the national legal system. This provision shall not apply to final decisions on the outcome of the process, which are to be explicit. All decisions shall be made publicly available.
Amendment 494 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States and, where applicable, regions and local authorities shall undertake activities to accelerate and crowd-in private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance.
Amendment 495 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States and, where applicable, regions may provide administrative support to net-zero strategic projects to facilitate their rapid and effective implementation, including by providing:
Amendment 499 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase the public acceptance of the project by, inter alia, developing business plans that comply with this Regulation and the relevant legislative framework.
Amendment 502 #
1. The Net-Zero Europe Platform as established in Article 28 shall discuss financial needs and bottlenecks of net-zero strategic projects, the use of national ETS revenues to advance strategic net-zero technology projects, potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges with the relevant industrial alliances.
Amendment 505 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The Commission shall propose to the Council and Parliament no later than 31 December 2024 means of coordinating the various sources of public funding for net-zero strategic projects from the Union and Member States with the object of accelerating their deployment.
Amendment 515 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
An maximum annual injection capacity of at least 50 million tonnes of CO2 shallfrom unavoidable process emissions may be achieved by 2030, in storage sites located in the territory of the European Union, its exclusive economic zones or on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS) and which are not combined with Enhanced Hydrocarbon Recovery (EHR).
Amendment 640 #
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. The tender’s sustainability and resilience contribution shall not be used by contracting authorities or contracting entities to favour national providers over providers originating from other EU Member States.
Amendment 651 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The Commission shall implement a global trade and investment strategy in the framework of the WTO and bilateral agreements to strengthen global value chains for net-zero technology, with the aim to ensure human rights all along the supply chains, to ensure responsible and reliable imports, to address trade distortions, and to develop net-zero technologies while promoting high social, labour and environmental standards. The Commission shall make full use of trade defence instruments to defend a fair, reciprocal and open trade.
Amendment 655 #
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) enable and promote the use of the learning programmes, content and materials by education and training providers in the Member States, among others by training trainers and develop mechanisms to ensure the quality of the training offered by education and training providers in the Member States based on the above learning programmes, content and materials;
Amendment 657 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. European Net Zero Industry Academies shall be linked to the educational network of the region, especially universities, vocational training schools and professional colleges.
Amendment 658 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States or, where applicable, regions or a cluster of cross- border regions may at their own initiative establish net-zero regulatory sandboxes, allowing for the development, testing and validation of innovative net- zero technologies, in a controlled real- world environment for a limited time before their placement on the market or putting into service, thus enhancing regulatory learning and potential scaling up and wider deployment. Member States or, where applicable, regions or a cluster of cross- border regions shall establish net-zero regulatory sandboxes in accordance with paragraph 1 at the request of any company developing innovative net-zero technologies, which fulfils the eligibility and selection criteria referred to in paragraph 4(a) and which has been selected by the competent authorities following the selection procedure referred to in paragraph 4(b).
Amendment 661 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The modalities and the conditions for the establishment and operation of the net-zero regulatory sandboxes under this Regulation shall be adopted through implementing acts in accordance with the examination procedure referred to in Article 36. The modalities and conditions shall to the extent possible support flexibility for national competent authorities to establish and operate their Net-zero regulatory sandboxes, foster innovation and regulatory learning and shall particularly take into account the special circumstances and capacities of participating SMEs, including start-ups. The implementing acts referred to in paragraph 3 shall include common main principles on the following issues:
Amendment 666 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where relevant to achieve the objective of this article, the competent authorities shall consider granting derogations or exemptions to the extent allowed by the relevant Union or national law. The competent authorities shall ensure that the sandbox plan ensures respect for the key objectives and essential requirements of the EU and national legislation. Competent authorities shall make sure that any significant risks to health, safety or the environment identified during the development and testing of innovative net-zero technologies is publicly communicated and results in immediate suspension of the development and testing process until such risk is mitigated. Where competent authorities consider that the proposed project raises exceptional risks for the health and safety of workers, of the general population, or of the environment, in particular because it relates to testing, development or validation involving particularly toxic substances, they shall only approve the sandbox plan once they are satisfied that adequate safeguards have been put in place commensurate with the exceptional risk identified.
Amendment 667 #
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The duration of the net-zero regulatory sandbox may be extended through the same procedure upon agreement of the national competent authority.
Amendment 668 #
Proposal for a regulation
Article 26 – paragraph 8
Article 26 – paragraph 8
8. The net-zero regulatory sandboxes shall be designed and implemented in such a way that, where relevant, they facilitate cross-border cooperation between the national competent authorities. Member States , or regions or clusters of regions ,that have established net-zero regulatory sandboxes shall coordinate their activities and cooperate within the framework of the Net- Zero Europe Platform with the objectives of sharing relevant information. They shall report annually to the Commission on the results of the implementation of regulatory sandboxes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application within the regulatory sandbox of this Regulation and other Union legislation in a manner adapted for the purposes of the sandbox.
Amendment 669 #
Proposal for a regulation
Article 27 – paragraph 1 – point a a (new)
Article 27 – paragraph 1 – point a a (new)
(aa) provide small and medium enterprises with guidance and involvement incentives to be co-founders and active participants in the sandboxes;
Amendment 671 #
Proposal for a regulation
Article 27 – paragraph 1 – point a b (new)
Article 27 – paragraph 1 – point a b (new)
(ab) help link small and medium enterprises with private funding such as, inter alia, venture capital funds or angel investors in order for the former to scale up;
Amendment 673 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States and regions shall take into account the specific interests and needs of small and medium enterprises , and provide adequate administrative support to take part in the regulatory sandboxes. Without prejudice to the application of Articles 107 and 108 of the Treaty, Member States should inform small and medium enterprises of available financial support to their activities in the regulatory sandboxes.
Amendment 674 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Net-Zero Europe Platform (‘the Platform’) is established within the Commission.
Amendment 676 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 678 #
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) how to address non-tariff barriers to trade, such as through mutual recognition of conformity assessment or commitments to avoid export restrictions, and ensure market access for European undertakings to public procurements of third countries falling under the scope of Regulation (EU) 2022/1031;
Amendment 680 #
Proposal for a regulation
Article 28 – paragraph 4 – point c – point ii a (new)
Article 28 – paragraph 4 – point c – point ii a (new)
iia) whether the third country abides to the rule of law and is a democracy;
Amendment 684 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Each Member Stateinstitutional participant shall appoint a high-level representative to the Platform. Where relevant as regards the function and expertise, a Member Sn institutional representative may have more than one representative in relation to different tasks related to the work of the Platform. Each member of the Platform shall have an alternate.
Amendment 687 #
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. Where appropriate, the Platform or the Commission may invite experts and other 'Net-Zero Industrial Partnerships’ countries and third parties to Platform and sub- group meetings or to provide written contributions.
Amendment 690 #
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. On a regular basis, the Platform shall organise open sessions, including of the standing or temporary sub-groups referred to in paragraph 6, with representatives of European economic operators.
Amendment 691 #
Proposal for a regulation
Article 29 – paragraph 11
Article 29 – paragraph 11
11. The Platform shall coordinate and cooperate with existing industrial alliances.
Amendment 705 #
Proposal for a regulation
Article 31 – paragraph 2 – introductory part
Article 31 – paragraph 2 – introductory part
2. Member States and the national aAuthorities they designated for this purpose shall collect and provide data and other evidence required pursuant to paragraph 1, points (a) and (b). In particular, they shall collect and report each year to the Commission data on:
Amendment 715 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Member States or, where applicable, regions shall also transmit the data collected pursuant to paragraph 2 of this Article to national or, where applicable, regional statistical offices and to Eurostat for the purposes of compiling and publishing statistics in accordance with Regulation (EC) No 223/2009 of the European Parliament and of the Council76 . Member States shall designate the national authority responsible for transmitting the data to national statistical offices and Eurostat. _________________ 76 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164)or, where applicable, regions shall designate the authority responsible for transmitting the data to statistical offices and Eurostat.
Amendment 716 #
Proposal for a regulation
Article 31 – paragraph 7 a (new)
Article 31 – paragraph 7 a (new)
7a. Public authorities shall ensure they possess the sufficient human and financial resources and technical resources to monitor the implementation of this Regulation.
Amendment 722 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The competent authorities of the Member States shall provide to the Commission any relevant information they have and that the Commission may require to draw up the report referred to in paragraph 1.
Amendment 723 #
Proposal for a regulation
Article 35 – paragraph 4 a (new)
Article 35 – paragraph 4 a (new)
4a. The Commission shall assess and update the list of net-zero technologies and strategic net-zero technologies by [2 years after the date of entry into force of this Regulation], and every 2 years thereafter.
Amendment 725 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. If a Member State or, where applicable, a region assesses that the presentation of aggregated information in the context of Article 18 may nonetheless compromise its national security interest, it may object to the Commission’s presentation through a justified notice.
Amendment 726 #
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
5. The Commission and the nationalother relevant public authorities, their officials, employees and other persons working under the supervision of these authorities shall ensure the confidentiality of information obtained in carrying out their tasks and activities. This obligation also applies to all representatives of Member States, regions, observers, experts and other participants attending meetings of the Platform pursuant to Article 29.