831 Amendments of Ernő SCHALLER-BAROSS
Amendment 7 #
2024/0028(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Subject to an assessment by the Commission carried out in the context of the regular monitoring of the impact of this Regulation and launched either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures for imports of any products falling under the scope of this Regulation which are adversely affecting the Union market or the market of one or several Member States for like or directly competing products. There is a particularly precarious situation in the markets for wheat, poultry, eggs, and sugar and honey that may harm Union agricultural producers if imports from Ukraine were to increase. It is appropriate to introduce an automatic safeguard for wheat, eggs, poultry, and sugar and honey products that is activated if quantities imported pursuant to this Regulation exceed the arithmetic mean of quantities in 20221 and 20232.
Amendment 25 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – introductory part
Article 4 – paragraph 7 – subparagraph 1 – introductory part
7. If, during the period 6 June to 31 December 2024, cumulative import volumes of either wheat, eggs, poultry or, sugar or honey since 1 January 2024 reach the respective arithmetic mean of import volumes recorded in 20221 and 20232, the Commission shall, within 21 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478:
Amendment 38 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 2
Article 4 – paragraph 7 – subparagraph 2
If, during the period 1 January to 5 June 2025, cumulative import volumes of either wheat, eggs, poultry or, sugar or honey for the period since 1 January 2025 reach five twelfths of the respective arithmetic mean of import volumes recorded 20221 and 2023,2, the Commission shall, within 21 days and after informing the Committee on Safeguards, reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point b.
Amendment 44 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
For the purposes of this paragraph, the terms wheat, eggs, poultry and, sugar or honey for refer to all products covered by the tariff-rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectively, wheat, eggs and albumins, poultry meat and poultry meat preparations, and sugars, and honey and the arithmetic mean shall be calculated by dividing the sum of import volumes in 20221 and 20232 by two.
Amendment 510 #
2023/0132(COD)
Proposal for a directive
Article 81 – paragraph 2 – subparagraph 1 – introductory part
Article 81 – paragraph 2 – subparagraph 1 – introductory part
Subject to a scientific evaluation by the relevant competent authority, the data protection period referred to in paragraph 1 shall be prolonged by: 24 months where
Amendment 515 #
2023/0132(COD)
Proposal for a directive
Article 81 – paragraph 2 – subparagraph 1 – point a – introductory part
Article 81 – paragraph 2 – subparagraph 1 – point a – introductory part
(a) 24 months, where the marketing authorisation holder demonstis grantes that the conditions referred to in Article 82(1) are fulfilled within two years, from the date when the marketing authorisation was granted or, within three years from that date for any of the following entities:d in relation to a disease in respect of which there is no medicinal product authorised in the Union, or
Amendment 517 #
2023/0132(COD)
Proposal for a directive
Article 81 – paragraph 2 – subparagraph 1 – point a – point i
Article 81 – paragraph 2 – subparagraph 1 – point a – point i
Amendment 518 #
2023/0132(COD)
Proposal for a directive
Article 81 – paragraph 2 – subparagraph 1 – point a – point ii
Article 81 – paragraph 2 – subparagraph 1 – point a – point ii
Amendment 519 #
2023/0132(COD)
Proposal for a directive
Article 81 – paragraph 2 – subparagraph 1 – point a – point iii
Article 81 – paragraph 2 – subparagraph 1 – point a – point iii
Amendment 520 #
2023/0132(COD)
Proposal for a directive
Article 81 – paragraph 2 – subparagraph 1 – point a a (new)
Article 81 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) in case of the marketing authorisation is granted in relation to a disease in respect of which there has already been a medicinal product authorised in the Union, the initial marketing authorisation application use a relevant and evidence-based comparator in accordance with scientific advice provided by the Agency
Amendment 522 #
2023/0132(COD)
Proposal for a directive
Article 81 – paragraph 2 – subparagraph 1 – point b
Article 81 – paragraph 2 – subparagraph 1 – point b
Amendment 526 #
2023/0132(COD)
Proposal for a directive
Article 81 – paragraph 2 – subparagraph 1 – point c
Article 81 – paragraph 2 – subparagraph 1 – point c
Amendment 549 #
2023/0132(COD)
Proposal for a directive
Article 82 – paragraph 1 – subparagraph 1
Article 82 – paragraph 1 – subparagraph 1
Amendment 551 #
2023/0132(COD)
Proposal for a directive
Article 82 – paragraph 1 – subparagraph 2
Article 82 – paragraph 1 – subparagraph 2
Amendment 553 #
2023/0132(COD)
Proposal for a directive
Article 82 – paragraph 2
Article 82 – paragraph 2
Amendment 557 #
2023/0132(COD)
Proposal for a directive
Article 82 – paragraph 3
Article 82 – paragraph 3
Amendment 560 #
2023/0132(COD)
Proposal for a directive
Article 82 – paragraph 4
Article 82 – paragraph 4
Amendment 562 #
2023/0132(COD)
Proposal for a directive
Article 82 – paragraph 5
Article 82 – paragraph 5
Amendment 566 #
2023/0132(COD)
Proposal for a directive
Article 82 – paragraph 6
Article 82 – paragraph 6
Amendment 176 #
2023/0131(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Availability plan 1. The applicant shall submit an availability plan to the Agency. The availability plan shall describe the modalities by which the authorised medicinal product is made available during the period of regulatory data protection or patent, in a Member States where the medicinal product is needed. applicant shall submit an availability plan to the Agency. The availability plan shall describe the modalities by which the authorised medicinal product is made available during the period of regulatory data protection or patent, in a Member States where the medicinal product is needed. 2. The Committee for Medicinal Products for Human Use shall assess the availalibility plan and request modification thereto, if it comes to the conclusion that the foreseen modalities do not guarantee timely access to patients. In case of such a request the applicant shall adjust the availability plan.
Amendment 528 #
2023/0131(COD)
Proposal for a regulation
Annex II – point 8 a (new)
Annex II – point 8 a (new)
(8 a) The obligation to make the product available as laid out in the availability plan set out in the marketing authorization.
Amendment 118 #
2023/0081(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To fulfil those commitments, the Union must accelerate its pace of transition to clean energy, notably by increasing energy efficiency and the share of renewable energy sourcesand low-carbon energy sources, while respecting the principle of technology neutrality. This will contribute to achieving the EU targets of the European Pillar of Social Rights Action Plan for 2030 of an employment rate of at least 78% and participation in training of at least 60% of adults. It will also contribute to ensuring that the green transition is fair and equitable34 . _________________ 34 Council Recommendation on ensuring a fair transition towards climate neutrality, adopted on 16 June 2022 as part of the Fit for 55 package.
Amendment 135 #
2023/0081(COD)
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 fuelstechnologies to produce energies from nuclear processes and their related fuel cycle, 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.
Amendment 153 #
2023/0081(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Additional policy effort is necessary to support those technologies that are commercially available and have a good potential for rapid scale up, while respecting the principle of technology neutrality, to support the Union’s 2030 climate targets, improve the security of supply for net-zero technologies and their supply chains, and safeguard or strengthen the overall resilience and competitiveness of the Union’s energy system. It includes access to a safe and sustainable source of best in class fuels, as described in recital 8 of Commission Delegated Regulation (EU) 2022/1214.
Amendment 190 #
2023/0081(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A key bottleneck for carbon capture investments that are today increasingly economically viable is the availability of operating CO2 storage sites in Europe, which underpin the incentives from Directive 2003/87/EC. To scale up the technology and expand its leading manufacturing capacities, the EU needs to develop a forward-looking supply of permanent geological CO2 storage sites permitted in accordance with Directive 2009/31/EU36 . By defining a Union target of 50 million tonnes of annual operational CO2 injection capacity by 2030, in line with the expected capacities needed in 2030, the relevant sectors can coordinate their investments towards a European Net- Zero CO2 transport and storage value chain that industries can use to decarbonise their operations. This initial deployment will also support further CO2 storage in a 2050 perspective. According to the Commission’s estimates, the Union could need to capture up to 550 million tonnes of CO2 annually by 2050 to meet the net zero objective37 , including for carbon removals. Such a first industrial-scale storage capacity will de-risk investments into the capturing of CO2 emissions as important tool to reach climate neutrality. . In view of the expected storage requirements in 2050, the EU CO2 storage market will have to be complemented by a market that covers third countries in Europe with large storage potential. When this regulation is incorporated into the EEA Agreement, the Union target of 50 million tonnes of annual operational CO2 injection capacity by 2030 will be adjusted accordinglyshall be adjusted accordingly. To ensure the achievement of Union’s target Member States may take the necessary measures to facilitate and incentivize the deployment of carbon capture and storage projects. Such measures may include measures incentivizing emitters to capture emissions, funding support for investors for needed infrastructure to transport CO2 to the storage site and direct funding of CO2 storage projects. _________________ 36 Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance), (OJ L 140, 5.6.2009, p. 114). 37 In depth analysis in support of the Commission Communication (2018/773) A Clean Planet for all. A European long-term strategic vision for a prosperous, modern, competitive and climate neutral economy.
Amendment 198 #
2023/0081(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategic projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most-cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition and possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 50 million tonnes of annual operational CO2 injection capacity by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solution is available ahead of demand. In order to ensure a timely, Union-wide and cost- effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production in the EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties. Licensees of oil and gas production in the EU should take the measures within their power to undertake the necessary investments to achieve their respective contribution to the 2030 objective of 50 million tonnes of annual operational CO2 injection capacity. This must take into account objective commercial, financial, technical, legal, and environmental limitations outside the control of these companies.
Amendment 221 #
2023/0081(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To address security of supply issues and contribute to supporting the resilience of Union’s energy system and decarbonisation and modernisation efforts, the net-zero, as well as low-carbon technology manufacturing capacity in the Union needs to expand. Union manufacturers of solar photovoltaic (PV) technologies need to increase their competitive edge and improve security of supply perspectives, by aiming to reach at least 30 gigawatt of operational solar PV manufacturing capacity by 2030 across the full PV value chain, in line with the goals set out in the European Solar Photovoltaic Industry Alliance, which is supported under the Union’s Solar Energy Strategy.38 Union manufacturers of wind and heat pump technologies need to consolidate their competitive edge and maintain or expand their current market shares throughout this decade, in line with the Union’s technology deployment projections that meet its 2030 energy and climate targets.39 This translates into a Union manufacturing capacity for wind of at least 36 GW and, respectively, for heat pumps of at least 31 GW in 2030. Union manufacturers of batteries and electrolysers need to consolidate their technology leadership and actively contribute to shaping these markets. For battery technologies this would mean contributing to the objectives of the European Battery Alliance and aim at almost 90% of the Union’s battery annual demand being met by the Union’s battery manufacturers, translating into a Union manufacturing capacity of at least 550 GWh in 2030. For EU electrolyser manufacturers, the REPowerEU plan projects 10 million tonnes of domestic renewable hydrogen production and a further up to 10 million tonnes of renewable hydrogen imports by 2030. To ensure EU’s technological leadership translates into commercial leadership, as supported under the Electrolyser Joint Declaration of the Commission and the European Clean Hydrogen Alliance, EU electrolyser manufacturers should further boost their capacity, such that the overall installed electrolyser capacity being deployed reaches at least 100 GW hydrogen by 2030. _________________ 38 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, SWD(2022) 148 final, 18.05.2022. 39 As per REPowerEU objectives set out in the REPowerEU Plan, COM/2022/230 final, and accompanying Commission Staff Working Document Implementing the Repower EU Action Plan: Investment Needs, Hydrogen Accelerator and achieving the Bio-Methane Targets Accompanying the Document : 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 REPowerEU Plan, SWD/2022/230 final, 18.05.2022
Amendment 231 #
2023/0081(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) At the same time, net-zero technology products will contribute to the Union’s resilience and security of supply of clean and low-carbon energy. A secure supply of clean and low-carbon energy is a prerequisite for economic development, as well as for public order and security. Net- zero technology products will also yield benefits to other strategically important economic sectors, such as farming and food production by securing access to clean and low-carbon energy and machinery at competitive prices, thus contributing sustainably to EU food security and to providing an increasing outlet for bio-based alternatives through circular economy. In the same way, the fulfilment of the Union’s climate ambitions will translate both into economic growth and social well-being.
Amendment 498 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; all sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energyies from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuelsand their related fuel cycle; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 551 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘net-zero technology manufacturing project’ means a planned industrial facility or extension or repurposing of an existing facility manufacturing net-zero technologies or value chains making use of the net-zero technologies ;
Amendment 825 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall recognise as net-zero strategic projects CO2 capture projects, and CO2 infrastructure projects necessary for the transport of captured CO2 to CO2 storage sites, and CO2 storage projects that meet the following cumulative criteria:
Amendment 829 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the CO2 storage site is located in the territory of the 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), or in third countries that have adopted a specific bilateral arrangement with the Commission; and the CO2 storage project contributes to reaching the objective set out in Article 18;
Amendment 838 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) the CO2 storagcapture project has applied for a permit fand the CO2 infrastructure projects necessary to transport the safe and permanent geological storage of CO2 in accordance with Directive 2009/31/EC.captured CO2 to CO2 storage sites meet the conditions set out in Article 18 (6)(a) or relevant for implementing the plans referred to in Article 18(4)
Amendment 1093 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1a. Entities holding an authorisation as defined in paragraph 1 shall be able to meet their individual contribution to the Union-wide target for available CO2 injection capacity through making available injection capacity in storages located in countries outside the EU, where bilateral agreements between the EU and that country provide for this.
Amendment 1097 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2a. Where national legislation allows, within 12 months after entry into force of this Regulation, Member States shall announce a rolling plan to tender licences to explore for geological structures suitable to store CO2 permanently. In designing such tenders, Member States shall pay particular attention to the need to include in their scope saline aquifers.
Amendment 1140 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Two years after the entry into force of the Regulation and every year thereafter, the entities referred to in paragraph 1 shall submit a report to the Competent Authority of the Member States where a storage project is located and the Commission detailing their progress towards meeting their contribution. The Commission shall make these reports public.
Amendment 1146 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. The report shall list for each planned CO2 storage project the requirements which need to be met in order for the investment to be successfully undertaken by 2030. The requirements to be met in order for the investment to be successfully undertaken by 2030 shall include the relevant commercial, financial, technical, legal, and environmental aspects.
Amendment 1532 #
2023/0081(COD)
Proposal for a regulation
Annex I – table 1
Annex I – table 1
1. Solar photovoltaic and solar thermal technologies 2. Onshore wind and offshore renewable technologies 3. Battery/storage technologies 4. Heat pumps and geothermal energy technologies 5. Electrolysers and fuel cells 6. Sustainable biogas/biomethane and sustainable liquid fuels technologies 7. Carbon Capture and storage (CCS) technologies 8. Grid technologies 8a. Technologies to produce energy from nuclear processes and their related fuel cycle
Amendment 229 #
2023/0077(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure the efficient integration of electricity generated from variable renewable energy sources and to reduce the need for fossil-fuel based electricity generation in times when there is high demand for electricity combined with low levels of electricity generation from variable renewable energy sources, it should be possible for transmission system operators to design a peak shaving product enabling demand response to contribute to decreasing peaks of consumption in the electricity system at specific hours of the day. The peak shaving product should contribute to maximize the integration of electricity produced from renewable sources into the system by shifting the electricity consumption to moments of the day with higher renewable electricity generation. As the peak shaving product aims to reduce and shift the electricity consumption, the scope of this product should be limited to demand side response. As such the peak shaving product should specifically address small-scale assets which otherwise would stay inactive. In order to avoid simply substituting existing market products (balancing or wholesale markets), the peak shaving product must be more easily accessible to small-scale assets than in existing market products. The procurement of the peak shaving product should take place in such a way that it does not overlap with the activation of balancing products which aim at maintaining the frequency of the electricity system stable. In order to verify volumes of activated demand reduction, the transmission system operator should use a baseline reflecting the expected electricity consumption without the activation of the peak shaving product.
Amendment 234 #
2023/0077(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to be able to actively participate in the electricity markets and to provide their flexibility, consumers are progressively equipped with smart metering systems. However, in a number of Member States the roll-out of smart metering systems is still slow. In those instances where smart metering systems are not yet installed and in instances where smart metering systems do not provide for the sufficient level of data granularity and they may not provide for the sufficient level of data granularity. Therefore, in addition to the use of data from smart metering systems, including the cases where customers individually request a smart meter, transmission and distribution system operators should be able to use data from dedicated meteringasurement devices for the observability and settlement of flexibility services such as demand response and energy storage. Enabling the use of data from dedicated meteringasurement devices for observability and settlement should facilitate the active participation of the consumers in the market and the development of their demand response. The use of data from these dedicated meteringasurement devices should be accompanied by quality requirements relating to the data.
Amendment 240 #
2023/0077(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Consumers and suppliers need effective and efficient forward markets to cover their long-term price exposure and decrease the dependence on short-term prices. To ensure that energy customers all over the EU can fully benefit from the advantages of integrated electricity markets and competition across the Union, the functioning of the Union’s electricity forward market should be improved via the establishment of regional virtual hubs with a viewassessment and implementation of possible feasible measures in a reasonable period within the current market set-up, with the aim to overcome the existing market fragmentation and the low liquidity experienced in many bidding zones. Regional virtual hubs should cover multiple bidding zones while ensuring an adequate price correlation. Some bidding zones may not be covered by a virtual hub in terms of contributing to the hub reference price. However, market participants from these bidding zones should still be able to hedge through aThese improvements could for instance be more frequent auctions or other maturities to be considered and would require a proper assessment. The assessment shall also be extended to regional virtual hubs.
Amendment 245 #
2023/0077(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Virtual hubs should, if established based on a detailed impact assessment, should at least reflect the aggregated price of multiple bidding zones and provide a reference price, which should be used by market operators to offer forward hedging products. To that extent, virtual hubs should not be understood as entities arranging or executing transactions. The regional virtual hubs, by providing a reference price index, should enable the pooling of liquidity and provide better hedging opportunities to market participants.
Amendment 248 #
2023/0077(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To enhance the possibilities of market participants for hedging, the role of the single allocation platform established in accordance with Commission Regulation (EU) 2016/1719 should be expanded. Financial transmission rights should be issued by TSOs and allocated through the single allocation platform. The single allocation platform should offer trading of financial long-term transmission rights between the different bidding zones and the regional virtual hubs if established based on the conclusions of a detailed impact assessment. The orders submitted by market participants for financial transmission rights shall be matched by a simultaneous allocation of long term cross zonal capacity. Such matching and allocation should be performed on a regular basis, to ensure enough liquidity and, hence, efficient hedging possibilities to market participants. The long-term transmission rights should be issued on behalf of the transmission system operators with frequent maturities (ranging from month ahead to at least threone years ahead), in order to be aligned with the typical hedging time horizon of market participants. The single allocation platform should be subject to monitoring and enforcement to ensure that it performs its tasks properly.
Amendment 259 #
2023/0077(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in ensuring climate neutrality by 2050. There are, however, substantial obstacles to their wider and efficient deployment preventing the massive scale up needed to achieve those objectives. Similar obstacles could arise for other offshore technologies in the future. These obstacles include investment risks associated with the unique topographical situation of offshore hybrid projects connected to more than one market. In order to reduce investment risk for these offshore project developers and to ensure that thincluding for possible projects in an offshore bidding zone have full market access to the surrounding markets, transmission system operators should guarantee access of the offshore project to the capacity of the respective hybrid interconnector for all market time units. If the available transmission capacities are reduced to the extent that the full amount of electricity generation that the offshore project would have otherwise been able to export cannot be delivered to the market, the transmission system operator or operators responsible for the need to limit the capacity should, in future, be enabled to compensate the offshore project operator commensurately using congestion income. This compensation should only be related to the production capability available to the market, which may be weather dependent and excludes the outage and maintenance operations of the offshore project. The details, including the conditions under which the measure may expire, are intended to be defined in an implementing Regulatwo solutions are possible: via market-based Power Purchase Agreements or via public support schemes. Market- based Power Purchase Agreements could allow the risk being shared between generators and off- takers. Where a market-based approach does not allow to reach the targeted renewable developments, Member States could offer a renewable support scheme in the form of a well-designed Contracts for Difference (CfDs) decoupling remuneration from actual injection.
Amendment 280 #
2023/0077(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Where Member States decide to support publicly financed new investments (by “direct price support schemes”) in low carbon, non-fossil fuel electricity generation to achieve the Union’s decarbonisation objectives, those schemes shouldmay be structured by way of two-way contracts for difference such as to include, in addition to a revenue guarantee, an upward limitation of the market revenues of the generation assets concerned. NewTo protect investments for the generation of electricity should include investments in new power generating facilities, investments aimed at repowering existing certainty, this obligation should apply to contracts under direct price support schemes for new investments in generation concluded as of one year after entry into force of this Regulation. New investments for the generation of electricity should include investments in new power generating facilities, investments aimed at extendrepowering existing power generating facilities or at prolonging their lifetime.
Amendment 299 #
2023/0077(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To achieve the national objective for non-fossil flexibility such as demand side response and energy storage investment needs, Member States can design or redesign capacity mechanisms in order to create a green and flexible capacity mechanism. Member States that apply a capacity mCapacity mechanisms are to be open to the participation of all resources that are capable of providing the required techanism in line with the existing rules should promote the participation of non-fossil flexibility such as demand side response and storage by introducing additional criteria or features in the design. cal performance, including energy storage and demand side management. They should not be treated as a temporary measure of last resort, but as a permanent feature of the electricity market and as a measure that can help to bring investments to create additional new generation facilities to the system. At the same time, capacity mechanisms should retain the purpose of ensuring long-term adequacy and incentives to invest in all kinds of resources, ensuring technology neutrality. Additional solutions may also be applied to stimulate non-fossil flexibility. The procedures for the introduction, approval and modification of capacity mechanisms should be significantly shortened and simplified.
Amendment 315 #
2023/0077(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In addition, if Member States do not apply a capacity mechanism or if the additional criteria or features in the design of their capacity mechanism are insufficient to achieve national objective for demand response and storage investment needs theyMember States could apply flexibility support schemes consisting of payments for the available capacity of non- fossil flexibility such as demand side response and storage.
Amendment 340 #
2023/0077(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Active customers that own, lease or rent a storage or generation facility should have the right to share excess production and empower other consumers to become active, or to share the renewable energy generated or stored by jointly leased, rented or owned facilities, either directly or through a third-party facilitator. Any payment for sharing of excess production for a price can either be settled directly between active customers or automated through a trading platform. Energy sharing arrangement are either based on private contractual agreement between active customers or organised through a legal entity. A legal entity that incorporates the criteria of a renewable energy community as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council or a citizen energy community as defined in Directive (EU) 2019/944 of the European Parliament and of the Council can share with their members electricity generated from facilities they have in full ownership. The protection and empowerment framework for energy sharing should pay particular attention to energy poor and vulnerable consumers.
Amendment 343 #
2023/0077(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Energy sharing operationalises the collective consumption of self-generated or stored electricity injected into the grid by more than one jointly acting active customers. Member States should put in place the appropriate IT infrastructure to allow for the administrative matching within a certain timeframe of consumption with self-generated or stored renewable energy for the purpose of calculating the energy component of the energy bill. The output of these facilities should be distributed among the aggregated consumer load profiles based on static, variable or dynamic calculation methods that can be pre-defined or agreed upon by the active customer and taking it into consideration for the Balancing Responsible Party allocation process.
Amendment 354 #
2023/0077(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Public interventions in price setting for the supply of electricity constitute, in principle, a market-distortive measure. Such interventions may therefore only be carried out as public service obligations and are subject to specific conditions. Under this Directive regulated prices are possible for energy poor and vulnerable households, including below costs, and, as a transition measure, for households and micro-enterprises. In times of crisis, when wholesale and retail electricity prices increase significantly, and this is having a negative impact on the wider economy, Member States should be allowed to extend, temporarily, the application of regulated prices also to SMEs. For both households and SMEs, Member States should be temporarily allowed to set regulated prices below costs as long as this does not create distortion between suppliers and suppliers are compensated for the costs of supplying below cost. However, it needs to be ensured that such price regulation is targeted and does not create incentives to increase consumption. Hence, such price regulation should be limited to 80% of median household consumption for households, and 70% of the previous year’s consumption for SMEs. The Commission should determine when such an electricity price crisis exists and consequently when this possibility becomes applicable. The Commission should also specify the validity of that determination, during which the temporary extension of regulated prices applies, which may be for up to one year. To the extent that any of the measures envisaged by the present Regulationo the extent that any such measures constitute State aid, the provisions concerning such measures are without prejudice to the application of Articles 107 and 108 TFEU.
Amendment 411 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 79
Article 2 – point 79
(79) ‘dedicated meteringasurement device’ means a device attached to or embedded in an asset that sells demand response or flexibility servicparticipates oin the electricity market or provides flexibility services to transmission and distribution system operators ;
Amendment 433 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) 2019/943
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Transmission system operators and NEMOs, or an entity designated by them, shall jointly organise the management of the integrated day-ahead and intraday markets in accordance with Regulation (EU) 2015/1222. Transmission system operators and NEMOs shall cooperate at Union level or, where more appropriate, at a regional level in order to maximise the efficiency and effectiveness of Union electricity day-ahead and intraday trading. The obligation to cooperate shall be without prejudice to the application of Union competition law. In their functions relating to electricity trading, transmission system operators and NEMOs shall be subject to regulatory oversight by the regulatory authorities pursuant to Article 59 of Directive (EU) 2019/944 and ACER pursuant to Articles 4 and 8 of Regulation (EU) 2019/942.
Amendment 465 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a – paragraph 2 – point a
Article 7a – paragraph 2 – point a
(a) the dimensioning of the peak shaving product shall be based on an analysis of the need for an additional service to ensure security of supply. The analysis shall take into account a reliability standard orthe expected costs and benefits, as well as objective and transparent grid stability criteria approved by the regulatory authority. The dimensioning shall take into account the forecast of demand, the forecast of electricity generated from renewable energy sources and the forecast of other sources of flexibility in the system. The dimensioning of the peak shaving product shall be limited to ensure that the expected benefits of the product do not exceed the forecasted costsforecasted costs do not exceed the expected benefits of the product;
Amendment 481 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a – paragraph 2 – point f
Article 7a – paragraph 2 – point f
(f) the activation of the peak shaving product shall take place after the closure of the day-ahead market and before the start of the balancingbefore or within the the day-ahead market;
Amendment 499 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b
Article 7b
Dedicated meteringasurement device
Amendment 505 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b – paragraph 1
Article 7b – paragraph 1
1. “Member States shall allow tTransmission system operators and distribution system operators to useshall have access to data from dedicated meteringasurement devices for the observability and settlement of demand response and flexibility services, including from demand response and storage systems.
Amendment 513 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b – paragraph 2
Article 7b – paragraph 2
2. Member States shall establish requirements for a dedicated metering deviceasurement devices and for data validation process to check and ensure the quality of the respective data. taking into account the relevant Union legislation on measurement instruments, while facilitating interoperability ;
Amendment 515 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b – paragraph 2
Article 7b – paragraph 2
2a. Member States shall facilitate the access to data from dedicated metering devices for final customers and eligible parties, including transmission and distribution system operators.’;
Amendment 523 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) 2019/943
Article 8 – paragraph 1
Article 8 – paragraph 1
NEMOs shall allow market participants to trade energy as close to real time as possible and at least up to the intraday cross-zonal gate closure time. By 1 January 20286, in accordance with Article 9 of Regulation (EU) 2015/1222, NEMOs and TSOs shall review and submit the methodology on the intraday cross-zonal gate opening and closure time shall be at the earliest 30 minutes ahead of real timepecified in Article 59 of Regulation (EU) 2115/1222 for approval. This review shall identify the earliest feasible intraday cross-zonal gate closure and should also contain an implementation roadmap.
Amendment 544 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By 1 December 2024 the ENTSO for Electricity shall submit to ACER, after having consulted ESMA, a proposal for the establishment of regional virtual hubs for the forward market and forward market stakeholders, a detailed assessment for the establishment of regional virtual hubs for the forward market. The detailed assessment shall evaluate the possible benefits and drawbacks of the aforementioned virtual hubs and shall contain a recommendation whether or not to implement such hubs. 2. Within six months of receipt of the detailed assessment on the establishment of the regional virtual hubs for the forward market, ACER shall decide about the implementation. 3. In case ACER decides to introduce the regional virtual hubs for the forward market, the ENTSO for Electricity shall submit to ACER a proposal for the establishment of regional virtual hubs for the forward market within one year. ENTSO for Electricity shall consult with ESMA and forward market stakeholders. The proposal shall:
Amendment 566 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Within six months of receipt of the proposal on the establishment of the regional virtual hubs for the forward market, ACER shall evaluate it and eiThe results of the assessments by all TSOs following the first and second subparagraphs of Article 9(1) shall be reflected by ACER and EC in any amendment, proposal for amendments, or non-binding framework guideline related to Commission Regulation (EU) 2016/1719 establishing a guideline on forward capacity allocation, in accordance with the procedures defined in Articles 59(1)(b), 60 and 61. After receiving ther approve or amend it. In the latter case, ACER shall consult the ENTSO for Electricityssessment for the establishment of regional virtual hubs for the forward market, ACER shall consult ESMA before adoptproposing theany amendments. The adopted proposal shall be published on ACER's websit or non-binding framework guideline.
Amendment 570 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The entity operating the single allocation platform established in accordance with Regulation (EU) 2016/1719 shall have a legal form as referred to in Annex II to Directive (EU) 2017/1132 of the European Parliament and of the Council.
Amendment 575 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 4
Article 9 – paragraph 4
4. TOn behalf of the transmission system operators the single allocation platform shall:
Amendment 576 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
Amendment 578 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
(c) offer trading of financial transmission rights that shall allow holders of these financial transmission rights to remove exposure to positive and negative price spreads, and with frequent maturities of up to at least threone years ahead.;
Amendment 583 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Where a regulatory authority considers that there are insufficient hedging opportunities available for market participants, and after consultation of relevant financial market competent authorities in case the forward markets concern financial instruments as defined under Article 4(1)(15), it may require power exchanges or transmission system operators to implement additional measures, such as market-making activities, to improve the liquidity of the forward market. Subject to compliance with Union competition law and with Directive (EU) 2014/65 and Regulations (EU) 648/2012 and 600/2014, market operators shall be free to develop forward hedging products, including long-term forward hedging products, to provide market participants, including owners of power-generating facilities using renewable energy sources, with appropriate possibilities for hedging financial risks against price fluctuations. Member States shall not require that such hedging activity may be limited to trades within a Member State or bidding zone.
Amendment 599 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2019/943
Article 18 – paragraph 8
Article 18 – paragraph 8
8. Transmission and distribution tariff methodologies shall provide incentives to transmission and distribution system operators for the most cost-efficient operation and development of their networks including through the procurement of services. For that purpose, regulatory authorities shall recognise relevant costs as eligible, shall include those costs in transmission and distribution tariffs, and shallmay introduce, where applicable, appropriate performance targets in order to provide incentives to transmission and distribution system operators to increase efficiencies and quality and security of supply in their networks, including through energy efficiency, the use of flexibility services and the development of smart grids and intelligent metering systems, in line with the characteristics of the given electricity system and climate policy objectives.
Amendment 606 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Regulation (EU) 2019/943
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) maintaining or increasing cross- zonal capacities through optimisation of the usage of existing interconnectors by means of coordinated remedial actions, where applicable, or covering costs resulting from network investments that are relevant to reduce interconnector congestion; or
Amendment 607 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2019/943
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
Amendment 908 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Article 19 d
Based on the report of the regulatory authoritidentified relevant body pursuant to Article 19c(1), each Member State shall define an indicative national objective for demand side response and storage. This indicative national objective shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999.
Amendment 923 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 1
Article 19 e – paragraph 1
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider the promotion of the participation of non-fossil flexibility such as demand side response and storage by introducing additional criteria or features in the design of the capacity mechanismin accordance with their expected contribution to addressing the adequacy concern.
Amendment 932 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 2
Article 19 e – paragraph 2
2. Where the measures introduced in accordance with paragraph 1 to promote the participation of non-fossil flexibility such as demand response and storage in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with19d, Member States mayTo achieve the flexibility needs identified in accordance with19d, Member States which apply a capacity mechanism in accordance with Article 21 may also apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and storage.
Amendment 944 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e – paragraph 3
Article 19 e – paragraph 3
3. Member States which do not apply a capacity mechanism: (a) may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and storage, or (b) may introduce a new capacity mechanism in accordance to paragraph 1 of this article that considers in its design the promotion of the participation of non- fossil flexibility such as demand side response and storage by introducing additional criteria or features. In this case, the general and design principles stablished in articles 21 and 22, paragraphs (a) and (c), shall not apply.
Amendment 979 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph b
Article 19 f – paragraph b
(b) be limited to new investments in non-fossil flexibility such as demand side response and storage;
Amendment 987 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1 – point f
Article 19 f – paragraph 1 – point f
(f) provide locational incentives for the integration in the electricity market in a market-based and market-responsive way, while avoiding unnecessary distortions of electricity markets as well as taking into account possible system integration costs, grid congestions and grid stability;
Amendment 994 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1 – point i
Article 19 f – paragraph 1 – point i
(i) be open to cross-border participation if an equivalent service can be provided from a location that differs from the location where the flexibility need originates.’;
Amendment 1015 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation (EU) 2019/943
Article 50 – paragraph 4 a
Article 50 – paragraph 4 a
Transmission system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation, including in congested areas if flexible energy storage connections can be accommodated, and update that information regularly, at least quarterlyevery 6 months.
Amendment 1026 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2019/943
Article 59 – paragraph 1 – point b
Article 59 – paragraph 1 – point b
(b) , capacity-allocation and congestion- management rules pursuant to Article 6 of Directive (EU) 2019/944 and Articles 7 to 10, 13 to 17, 19 and 35 to 37 of this Regulation, including rules on day- ahead, intraday and forward capacity calculation methodologies and processes, grid models, bidding zone configuration, redispatching and countertrading, trading algorithms, single day-ahead and intraday coupling including the possibility of being operated by a single entity, the firmness of allocated cross- zonal capacity, congestion income distribution, the allocation of financial long-term transmission rights by the single allocation platform, cross-zonal transmission risk hedging, nomination procedures, and capacity allocation and congestion management cost recovery;;
Amendment 119 #
2023/0076(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To improve the Agency’s market monitoring and make data collection more complete, the current reporting regime needs improvement. The data collected should be expanded to overcome gaps in the data collection and include coupled markets, new balancing markets, contracts for balancing markets and products that have potential delivery in the Union. Organised market places should be required to provide the full order book data set to the Agency. Order book providers should also be designated as persons professionally arranging transactions subject to the obligation to monitor and report suspected breaches.
Amendment 128 #
2023/0076(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Persons professionally arranging and executing transactions have the obligation to report suspicious transactions in breach of the provisions on insider trading and market manipulation. To enhance the possibility of enforcement of such breaches, the persons professionally arranging transactions should also have the obligation to report suspicious orders and potential breaches of the obligation to publish inside information. Direct electronic access providers and shared order-book providers should be considered as persons professionally arranging transactions.
Amendment 175 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point g
Article 1 – paragraph 1 – point 2 – point g
Regulation (EU) No 1227/2011
Article 2 – paragraph 7
Article 2 – paragraph 7
(7) ‘market participant’ means any person, including transmission system operators and persons professionally arranging or executing transactions when trading on their own account, who enters into transactions, including the placing of orders to trade, in one or more wholesale energy markets; ”";
Amendment 178 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point h
Article 1 – paragraph 1 – point 2 – point h
Regulation (EU) No 1227/2011
Article 2 – paragraph 8a
Article 2 – paragraph 8a
(8a) 'person professionally arranging or executing transactions' means a person professionally engaged in the reception and transmission of orders for, or in the execution of transactions in, wholesale energy products;”;
Amendment 184 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point j
Article 1 – paragraph 1 – point 2 – point j
Regulation (EU) No 1227/2011
Article 2 – point 20
Article 2 – point 20
(20) ‘organised market place’ (‘OMP’) means an energy exchange, an energy broker, an energy capacity platform or any other person professionally arranging or executing transactions, including shared order book providers but excluding purely bilateral trading where two natural persons enter into each trade on their own account.
Amendment 221 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1227/2011
Article 5a – paragraph 4a
Article 5a – paragraph 4a
4a. This article does not apply to transmission system operators.
Amendment 239 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d – point i
Article 1 – paragraph 1 – point 9 – point d – point i
Regulation (EU) No 1227/2011
Article 8 – point d
Article 8 – point d
(d) an organised market place, a trade- matching system or other person professionally arranging or executing transactions;
Amendment 269 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Regulation (EU) No 1227/2011
Article 13 – paragraph 1
Article 13 – paragraph 1
Where appropriate, the national regulatory authorities may exercise their investigatory powers in collaboration with organised markets, trade-matching systems or other persons professionally arranging or executing transactions as referred to in point (d) of Article 8(4).;
Amendment 270 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 1227/2011
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 93 #
2023/0042(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Due to the technical readiness of the sub-sector and the need to improve air quality in cities, a mandatory minimum share of new zero-emission urban buses should be set. That minimum share should reach 60% by 2030.
Amendment 139 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 2019/1242
Article 3 – paragraph 1 – point 23a (new)
Article 3 – paragraph 1 – point 23a (new)
(23a) ‘CO2 Neutral Fuel’ means a renewable or synthetic fuel as defined by Directive 2018/2001 including biofuel, biogas, biomass fuel, Renewable liquid and gaseous transport Fuel of Non Biological Origin – RFNBO or Recycled Carbon Fuel – RCF, where the emissions of the fuel in use (eu) can be taken to be net zero, meaning that the CO2 equivalent of the carbon incorporated in the chemical composition of the fuel in use eu is of biogenic origin and/or has been avoided being emitted as CO2 into the atmosphere or has been captured from ambient air or has avoided its existing fate. Other renewable and/or synthetic fuels not listed in Directive 2018/2001 can fulfil this definition provided that they meet the above criteria and the sustainability criteria of said Directive and associated delegated acts. A mixture of two or more CO2 Neutral Fuels is considered a CO2 Neutral Fuel.
Amendment 151 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 2019/1242
Article 3 – paragraph 23 b (new)
Article 3 – paragraph 23 b (new)
(23b) ‘Carbon Correction Factor (CCF)’ means a factor which applies a correction to the CO2 tailpipe emissions of vehicles for compliance assessment, to reflect the GHG emission intensity and the share of CO2 Neutral Fuels, as defined in paragraph 79 of this article.
Amendment 163 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3 a – paragraph 1 – point b
Article 3 a – paragraph 1 – point b
(b) for all vehicle sub-groups for the reporting periods of the years 2030 to 2034 by 435 %,
Amendment 168 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3 a – paragraph 1 – point c
Article 3 a – paragraph 1 – point c
(c) for all vehicle sub-groups for the reporting periods of the years 2035 to 2039 by 655 %,
Amendment 192 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3 b – paragraph 1
Article 3 b – paragraph 1
1. For vehicles referred to in point 4.2 of Annex I, manufacturers shall comply with the minimum shares of zero-emission vehicles in their fleet of new heavy-duty vehicles as laid down in point 4.3 of Annex I. For new urban buses the share of zero- emissions vehicles shall be 1060% as from the reporting period of the year 2030.;
Amendment 5 #
2022/2040(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas EU’s trade policy is at the centre of Europe’s economic prosperity and competitiveness, its core function is facilitating the exchange of goods and services in a manner that creates opportunities for companies and economic welfare, as such it is in EU’s interest to have its supply chains more resilient.
Amendment 13 #
2022/2040(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas disruption to supply intermediate goods and production inputs means that EU exports shrink more than imports, thus negatively impacts its trade balance;
Amendment 30 #
2022/2040(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU is strategically dependent on external sources of energy, a situation that is undermining the EU’s economic resilience and open strategic autonomy; whereas skyrocketing energy prices are a serious threat to the EU’s production and competitiveness and may put further pressure on many supply chains that have already faced disruption;
Amendment 35 #
2022/2040(INI)
Motion for a resolution
Recital E
Recital E
E. whereas even though the EU must gain more strategic independence in different fields, including agricultural products,the EU must diversify in different strategically important sectors, including critical raw materials, semiconductors, medicines and health products, this independence has not yet been achieved;
Amendment 45 #
2022/2040(INI)
Motion for a resolution
Recital G
Recital G
G. whereas in order to increase the resilience of its supply chains and its competitiveness, the EU should implement a combination of different commodity- based solutions, including boosting existing EU production, reshoring and nearshoring, stockpiling, where necessary, promoting the circular economy and diversifying suppliers through strategic free trade agreements, sectoral partnerships and alliances, and trade and technology councils and by supporting a strong rules- based trading system;
Amendment 56 #
2022/2040(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that it is crucial to respond to the possible negative consequences of any external shocks with a rapid and coordinated approach at national and EU level;
Amendment 69 #
2022/2040(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the COVID-19 crisis and the war in Ukraine have highlighted the EU agricultural sector’s dependence on imports from a small number of countries, especially in the case of wheat and ammonium, which is essential for fertilisers; recalls that the EU should be autonomousdiversify in primary sector products in order to guarantee its security and avoidto reduce dependencey on third parties;
Amendment 124 #
2022/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the need for a harmoniscoordinated approach on the unilateral, bilateral and multilateral level with a short- , medium- and long-term perspective;
Amendment 136 #
2022/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that the continuing rise in the cost of bureaucracy, particularly as a result of EU legislation such as the Supply Chain Actproposal on Corporate sustainability due diligence directive, places a particular burden on the export industry, which is dominated by SMEs; therefore calls on the Commission to make sure that all legislation and policy actions take due account of the interests of SMEs and for this to invoke regulatory moratorium and to delay all legislation and policy actions that would overburden businesses;
Amendment 152 #
2022/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the shortening of supply chains, where necessary and is in EU’s interest, in combination with other instruments, and the relocation to the EU of EU businesses’ production facilities in countries outside the bloc;
Amendment 164 #
2022/2040(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to develop, in coordination with the Member States, mechanisms to ensure smart stockpiling of certain products, such as medicines and medical equipment, as well as some agricultural products, depending on their expiry date;
Amendment 181 #
2022/2040(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Commission and Member States to move forward with free trade agreements already concluded and speed up negotiations with new trading partners in order to strengthen and diversify external trade, thus making EU’s position in global value chain stronger,
Amendment 236 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
(32) ‘recycled at scale’ means collected, sorted and recycled through installed state-of-the-art infrastructure and processes, covering at least 75 % of the Union populationthe existence of a clear pathway and sufficient capacity for the collected packaging waste to be directed to defined and recognised waste streams through established industrial processes for reprocessing, including packaging waste exported from the Union that meets the requirements of Article 47(5);
Amendment 312 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 328 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. TBy 1 January 2028, the Commission shall, for each packaging type listed in Table 1 of Annex II, establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:
Amendment 381 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) 530 % for contact sensitive plastic packaging, except single use plastic beverage bottles;
Amendment 383 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) 650 % for plastic packaging other than those referred to in points (a) and (b);
Amendment 401 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 20265, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). The methodology shall especially consider the restrictions and certification requirements needed for reporting on recycled content using physical segregation, controlled blending and mass balance chain of custody approaches in line with ISO 22095:2020.
Amendment 543 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex Vdd or remove packaging formats from Annex V based on an impact assessment study assessing alternatives of restricted packaging formats, in order to adapt it to technical and scientific progress with the objective to reducing packaging waste. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific packaging formats and their alternatives to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.
Amendment 787 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 3 – point a
Article 43 – paragraph 3 – point a
(a) be open to the participation of the economic operators of the sectors concerned, the competent public authorities and third parties carrying out waste management on their behalf, in line with specific requirements by the Member State in which the systems are set up;
Amendment 852 #
2022/0396(COD)
Proposal for a regulation
Annex X – paragraph 2 – point f
Annex X – paragraph 2 – point f
(f) system operator is a non-profit andn independent legal entity;
Amendment 853 #
2022/0396(COD)
Proposal for a regulation
Annex X – paragraph 2 – point g
Annex X – paragraph 2 – point g
Amendment 858 #
2022/0396(COD)
Proposal for a regulation
Annex X – paragraph 4
Annex X – paragraph 4
Member States with regions with high transboundary business shall ensure that the functioning of the DRS allows for the inter-operability of DRS and that the implementation of the minimum requirements and of any additional requirements does not result in discrimination of business and consumers and market distortions. By 1 January 2027, the Commission shall develop a guidance on defining inter-operability requirements.
Amendment 26 #
2022/0160(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Directive (EU) 2018/2001 of the European Parliament and of the Council18 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan19 , the share of renewable energy in gross final energy consumption would need to increase to 40% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target20 . In this context, the Commission proposed in July 2021, as part of the package delivering on the European Green Deal, to double the share of renewable energy in the energy mix in 2030 compared to 2020, to reach at least 40%. The REPowerEU Communication21 outlined a plan to make the EU independent from Russian fossil fuels well before the end of this decade. The Communication foresees front-loading of wind and solar energy, increasing the average deployment rate as well as additional renewable energy capacity by 2030 to accommodate for higher production of renewable hydrogen. It also invited the co-legislators to consider a higher or earlier target for renewable energy. In this context, it is appropriate, subject to the completion of sufficient regional impact assessments, to increase the Union renewable energy target up to 45% in order to significantly accelerate the current pace of deployment of renewable energy, thereby speeding up the phase-out of EU’s dependence by increasing the availability of affordable, secure and sustainable energy in the Union. _________________ 18 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 19 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people. 20 Point 3 of the Communication from the Commission COM(2020) 562 21 REPowerEU: Joint European Action for more affordable, secure and sustainable energy, COM(2022) 108 final (“REPower EU Communication”).
Amendment 76 #
2022/0160(COD)
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 133 #
2022/0160(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 Directive 2018/2001
Article 1 – paragraph 1 – point 4 Directive 2018/2001
(c a) the environmental impact of the project
Amendment 168 #
2022/0160(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2018/2001
Article 15c paragraph 1
Article 15c paragraph 1
By [no more than 2 years after the entry into force], Member States shall adopt a plan or plans designating, within the areas referred to in Article 15b(1), renewables go-to areas for one or more types of renewable energy sources. In that plan or plans, Member States shall:
Amendment 222 #
2022/0160(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2018/2001/EU
Article 16 – paragraph 3
Article 16 – paragraph 3
(3) Member States shall set up or designate one or more contact points. Those contact points shall, upon request by the applicant, guide through and facilitate the entire administrative permit application and granting process. The applicant shall not be required to contact more than one contact point for the entire process. The contact point shall guide the applicant through the administrative permit application process, including the environmental related steps, in a transparent manner up to the delivery of one or several decisions by the responsible authorities at the end of the process, provide the applicant with all necessary information and involve, where appropriate, other administrative authorities. The contact point shall ensure fulfilment of the deadlines for the permit- granting procedures set out in this Directive. Applicants shall be allowed to submit relevant documents in digital form. By [No later than 2 years from entry into force] Member States shall ensure that all procedures are carried out in electronic format.
Amendment 293 #
2022/0160(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2018/2001/EU
Article 16d
Article 16d
Amendment 57 #
2022/0099(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation also applies to the fluorinated greenhouse gases listed in Annexes I, II and II, whether alone or in a mixtureproducts and equipment, containing fluorinated greenhouse gases or whose functioning relies upon those gases.
Amendment 62 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘placing on the market’ means the supplying or making available to another person witharty in the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, andor using for its own account in the ucase of substances produced or the use of products or equipment manufactured for own use;a producer, and includes customs release for free circulation in the Union.
Amendment 64 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘'hermetically sealed equipment’ means equipment in which all fluorinated greenhouse gasrefrigerant containing parts are made tight during its manufacturing process at the premises of the manufacturer by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal;. These capped valves have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure.
Amendment 69 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36 a (new)
Article 3 – paragraph 1 – point 36 a (new)
(36a) 'plug-in' means an equipment allowing the connection to different power sockets done by consumers and that does not require the intervention of a professional installer.
Amendment 71 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36 b (new)
Article 3 – paragraph 1 – point 36 b (new)
(36b) 'self-contained' means complete factory-made system in a suitable frame and/or enclosure that is fabricated and transported complete and in which no refrigerant-containing parts are connected on site.
Amendment 73 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36 c (new)
Article 3 – paragraph 1 – point 36 c (new)
(36c) 'split system' means a system consisting of a number of refrigerant piped units that form a separate but interconnected unit, requiring the installation and connection of refrigerant circuit components at the point of use.
Amendment 75 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36 d (new)
Article 3 – paragraph 1 – point 36 d (new)
Amendment 77 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36 e (new)
Article 3 – paragraph 1 – point 36 e (new)
Amendment 78 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36 f (new)
Article 3 – paragraph 1 – point 36 f (new)
(36f) 'household appliances' means electrical equipment, other than electrical equipment listed in Annex II to Directive 2014/35/EU, used with a rated voltage between 50 and1000 V for alternating current and between 75 and 1500 V for direct current.
Amendment 125 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained.
Amendment 129 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent return to the origin country or for disposal and for the recovery of the gas prior to the disposal pursuant to Article 8.
Amendment 131 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The prohibition set out in paragraph 1, first subparagraph, shall not apply to equipment for which it has been established in ecodesign studies and/or requirements adopted under Directive 2009/125/EC that due to higher energy efficiency during its operation, its lifecycle CO2 equivalent emissions would be lower than those of equivalent equipment which meets relevant ecodesign requirements.
Amendment 135 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – introductory part
Article 11 – paragraph 4 – subparagraph 1 – introductory part
Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commission may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:
Amendment 167 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point e a (new)
Article 16 – paragraph 2 – point e a (new)
(ea) contained in products or equipment, for export out of the Union, where those hydrofluorocarbons are not subsequently made available to any other party within the Union, prior to export.
Amendment 171 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point b a (new)
Article 16 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) complying with the quota system would lead to a shortage of fluorinated greenhouse gases, which would undermine the Union’s decarbonisation targets.
Amendment 201 #
2022/0099(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point e
Article 23 – paragraph 3 – point e
(e) the tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment, and parts thereof.
Amendment 18 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. __________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 21 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. __________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 27 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 30 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 32 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 34 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 35 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 36 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 40 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 40 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 41 #
2022/0051(COD)
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 43 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 47 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 47 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 48 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 53 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 53 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 61 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 74 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts,. Companies may provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 76 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the inits direct business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 77 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationshipm, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 80 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 82 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts,. Companies may provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 83 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, cCompanies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end. Finally, companies may also provide targeted and proportionate support for an SMEs with which they have an established business relationship.
Amendment 84 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the inits direct business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 85 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationshipm, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 85 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 90 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 90 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationship their first tier supply chains, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 95 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, cCompanies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end. Finally, companies may also provide targeted and proportionate support for an SMEs with which they have an established business relationship.
Amendment 95 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts,. Companies may provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 97 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 98 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the inits direct business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 100 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationshipm, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 101 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be requiredmay decide to lay down rules governing the civil liability of companies for damages arising due to its failure tohow companies should comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
Amendment 103 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationship their first tier supply chains, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 103 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
Amendment 104 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. __________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 104 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 106 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 107 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. __________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 108 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, cCompanies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end. Finally, companies may also provide targeted and proportionate support for an SMEs with which they have an established business relationship.
Amendment 108 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 109 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 111 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 119 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, wthere related to the value chains of the company, those of their established business relationshipir first tier supply chains, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 121 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 122 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be requiredmay decide to lay down rules governing the civil liability of companies for damages arising due to its failure tohow companies should comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
Amendment 124 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
Amendment 128 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 130 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 134 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 135 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 138 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 142 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be requiredmay decide to lay down rules governing the civil liability of companies for damages arising due to its failure tohow companies should comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
Amendment 146 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
Amendment 148 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 151 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 155 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 157 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 187 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts,. Companies may also provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 193 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the inits direct business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 194 #
2022/0051(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationshipm, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 202 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 206 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an established business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, cCompanies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end. Finally, companies may also provide targeted and proportionate support for an SMEs with which they have an established business relationship.
Amendment 209 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be which is lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
Amendment 210 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 217 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 220 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationship their first tier supply chains, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 223 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to beich is lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
Amendment 229 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 230 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 231 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 242 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established direct business relationships.
Amendment 244 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be requiredmay decide to lay down rules governing the civil liability of companies for damages arising due to its failure tohow companies should comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
Amendment 245 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 249 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
Amendment 249 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 250 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders;
Amendment 251 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading)direct business. When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 252 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be which is lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
Amendment 253 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 254 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 255 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 256 #
2022/0051(COD)
Proposal for a directive
Recital 59
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligence should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partners in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 256 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take the following actions:
Amendment 257 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 258 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures by reasonable care to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
Amendment 259 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 261 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 261 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. The level of compensation and financial compensation may not exceed the level of the financial guarantee that the companies request pursuant to Article 8(3);
Amendment 262 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with stakeholders;
Amendment 265 #
2022/0051(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 265 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading)direct business partners. When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 267 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
Amendment 269 #
2022/0051(COD)
Proposal for a directive
Recital 64
Recital 64
Amendment 269 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 270 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 270 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 275 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take one of the following actions:
Amendment 276 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 276 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 279 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 291 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established direct business relationships.
Amendment 297 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established direct business relationships.
Amendment 298 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value1st tier of their supply chains.
Amendment 306 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established direct business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 306 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.supply chains. (This amendment applies throughout the text and is related to the amendment of the definition in Article 3(1), point (g). Adopting it will necessitate corresponding changes throughout.)
Amendment 313 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established direct business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 314 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s valuesupply chain, sector or geographical area in which its valuesupply chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 318 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the valuecompany, its subsidiaries and in the 1st tier of supply chain concerned,
Amendment 322 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 327 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 328 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 332 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders;
Amendment 337 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuefirst tier of the supply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 338 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading)direct business. When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 339 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 343 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders;
Amendment 343 #
2022/0051(COD)
Amendment 345 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the valuesupply chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.
Amendment 348 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading)direct business. When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 350 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Amendment 355 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 355 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financially support SMEs in order to help them to comply with due diligence requirements.
Amendment 356 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 362 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take the following actions:
Amendment 365 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 369 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 370 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 371 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shallmay lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shallmay take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 373 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 378 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damageoccurred and led to damage, in the event that the company concerned was negligent or otherwise at fault.
Amendment 379 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take the following actions:
Amendment 379 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures by reasonable care to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
Amendment 381 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be which is lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
Amendment 386 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures by reasonable care to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
Amendment 386 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. The level of compensation and financial compensation may not exceed the level of the financial guarantee that the companies request pursuant to Article 8(3);
Amendment 387 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an in direct partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impacthe company concerned was negligent or otherwise at fault.
Amendment 388 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. The level of compensation and financial compensation may not exceed the level of the financial guarantee that the companies request pursuant to Article 8(3);
Amendment 392 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with stakeholders;
Amendment 393 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with stakeholders;
Amendment 397 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading)direct business partners. When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 397 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading)direct business partners. When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 398 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 399 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an established business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ valuesupply chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts,. Companies may provide targeted and proportionate support for an SME with which they have an established business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 402 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
Amendment 403 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
Amendment 404 #
2022/0051(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the inits direct business partner, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
Amendment 405 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 406 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 406 #
2022/0051(COD)
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationshipm, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 408 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 409 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 410 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 411 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 412 #
2022/0051(COD)
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 414 #
2022/0051(COD)
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take one of the following actions:
Amendment 417 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take one of the following actions:
Amendment 422 #
2022/0051(COD)
Proposal for a directive
Recital 40
Recital 40
Amendment 426 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 431 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value1st tier of their supply chains.
Amendment 434 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 434 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value1st tier of their supply chains.
Amendment 438 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value1st tier of supply chain concerned,
Amendment 441 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 447 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value1st tier of supply chain concerned,
Amendment 449 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 451 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuefirst tier of the supply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 472 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established direct business relationships.
Amendment 472 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financially support SMEs in order to help them to comply with due diligence requirements.
Amendment 473 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuefirst tier of the supply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 489 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 494 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established direct business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 495 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financially support SMEs in order to help them to comply with due diligence requirements.
Amendment 503 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shallmay lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shallmay take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 507 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 509 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 521 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damageoccurred and led to damage, in the event that the company concerned was negligent or otherwise at fault.
Amendment 524 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an in direct partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impacthe company concerned was negligent or otherwise at fault.
Amendment 535 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 540 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shallmay lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shallmay take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 544 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 545 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders;
Amendment 546 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 551 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 557 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading)direct business. When such contractual assurances are obtained, paragraph 4 shall apply;
Amendment 562 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damageoccurred and led to damage, in the event that the company concerned was negligent or otherwise at fault.
Amendment 564 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 566 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an in direct partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impacthe company concerned was negligent or otherwise at fault.
Amendment 572 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 573 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 585 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take the following actions:
Amendment 592 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 595 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 608 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures by reasonable care to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
Amendment 615 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. The level of compensation and financial compensation may not exceed the level of the financial guarantee that the companies request pursuant to Article 8(3);
Amendment 619 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with stakeholders;
Amendment 631 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading)direct business partners. When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 639 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
Amendment 648 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Companies may provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 650 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 661 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shallits direct business partner, where the law governing their relations so entitles them to, take one of the following actions:
Amendment 693 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value1st tier of their supply chains.
Amendment 703 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value1st tier of supply chain concerned,
Amendment 706 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 731 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the valuefirst tier of the supply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 764 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financially support SMEs in order to help them to comply with due diligence requirements.
Amendment 794 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 823 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shallmay lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shallmay take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 833 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 854 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damageoccurred and led to damage, in the event that the company concerned was negligent or otherwise at fault.
Amendment 867 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an in direct partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impacthe company concerned was negligent or otherwise at fault.
Amendment 911 #
2022/0051(COD)
Proposal for a directive
Article 25
Article 25
Amendment 920 #
2022/0051(COD)
Proposal for a directive
Article 26
Article 26
Amendment 79 #
2021/2176(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 104 #
2021/2176(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to terminate or modernise any bilateral investment treaties that contain ISDS, any treaties that contain protection standards beyond protection against direct expropriation, nationality-based discrimination or the gross denial of justice, and any treaties that protect fossil fuel investments in order to bring them in line with EU law and EU investment policy;
Amendment 114 #
2021/2176(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to ensure that all of the Member States’ bilateral investment treaties are fully compatible with EU law; supports the Commission in strictly applying the conditions with the necessary flexibilities that are in line with EU law and EU investment policy for authorising the negotiation, signature and conclusion of new agreements by Member States;
Amendment 130 #
2021/2176(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to ensure that a revised ECT will immediately prohibit fossil fuel investors from suing contracting parties for pursuing policies to phase out fossil fuels in line with their commitments under the Paris Agreement; calls on the Commission and the Member States to start preparing a coordinated exit from the ECT with a view to formal submission to the Council in the event of the negotiating objectives not being achieved by June 2022be in line with EU law and EU investment policy;
Amendment 151 #
2021/2176(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to adopt without delay the proposal for a Council decision on the conclusion, on behalf of the EU, of the UN Convention on Transparency in Treaty-based Investor- State Arbitration;
Amendment 156 #
2021/2176(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 345 #
2021/0426(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Commission should lay down a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements. A review of this framework should enable the calculation of both energy and emission performance and should take into account environmental and health externalities, as well as the ETS extension and carbon prices. Member States should use that framework to compare the results with the minimum energy performance requirements which they have adopted. Should significant discrepancies, i.e. exceeding 15 %, exist between the calculated cost-optimal levels of minimum energy performance requirements and the minimum energy performance requirements in force, Member States should justify the difference or plan appropriate steps to reduce the discrepancy. The estimated economic lifecycle of a building or building element should be determined by Member States, taking into account current practices and experience in defining typical economic lifecycles. The results of that comparison and the data used to reach those results should be regularly reported to the Commission. Those reports should enable the Commission to assess and report on the progress of Member States in reaching cost-optimal levels of minimum energy performance requirements.
Amendment 388 #
2021/0426(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The national building renovation plans should be closely linked with the integrated national energy and climate plans under Regulation (EU) 2018/1999, and progress in achieving the national targets and the contribution of the building renovation plans to national and Union targets should be reported as part of the biennial reporting under Regulation (EU) 2018/1999. Considering the urgency to scale up renovation based on solid national plans, the date for the submission of the first national building renovation plan should be set as early as possible.
Amendment 546 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2010/31/EU
Article 2– paragraph 1– point 10
Article 2– paragraph 1– point 10
10. ‘non-renewable - non nuclear primary energy factor’ means non- renewable primary energy for a given energy carrier, including the delivered energy and the calculated energy overheads of delivery to the points of use, divided by the delivered energy;
Amendment 690 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Directive 2010/31/EU
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Every five years, each Member State shall prepare and submit to the Commission a draft of its building renovation plan, using the template in Annex II. Each Member State shall submit its draft building renovation plan as part of its draft integrated national energy and climate plan referred to in Article 9 of Regulation (EU) 2018/1999 and, where the Member States submits a draft update, its draft update referred to in Article 14 of that Regulation. By way of derogation from Article 9(1) and Article 14(1) of that Regulation, Member States shall submit the first draft building renovation plan to the Commission by 30 June 2024.
Amendment 712 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
Directive 2010/31/EU
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Every five years, each Member State shall submit its building renovation plan to the Commission, using the template in Annex II. Each Member State shall submit its building renovation plan as part of its integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999 and, where the Member States submits an update, its update referred to in Article 14 of that Regulation. By way of derogation from Article 3(1) and Article 14(2) of that Regulation, Member States shall submit the first building renovation plan to the Commission by 30 June 2025.
Amendment 753 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Directive 2010/31/EU
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that from the following dates, new buildings are zero-emission buildings in accordance with Annex IIIrticle 9a:
Amendment 115 #
2021/0425(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) This Directive establishes rules for the transport, supply and storage of natural gas and the transition of the natural gas system to a system based on renewable and low-carbon gases.
Amendment 117 #
2021/0425(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6 b) This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and thereby supporting to the decarbonisation of the Union energy system.
Amendment 208 #
2021/0425(COD)
Proposal for a directive
Recital 67
Recital 67
(67) The operation of hydrogen networks should be separated from activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. The structural separation of ownership of hydrogen networks and participations in energy production and supply guarantees the absence of such conflicts of interest. Member States should be able to rely on the alternative unbundling model of “integrated hydrogen network operator” until 2030 to provide a transitional period for existing vertically integrated hydrogen networkwhere the natural gas transmission system operator is unbundled in accordance with the rules on independent transmission system operators for natural gas. Member States should also be able to allow the use of the “independent hydrogen network operator” model to allow vertically integrated owners of hydrogen networks to retain ownership of their networks while ensuring the non- discriminatory operation of such networks after 2030.
Amendment 238 #
2021/0425(COD)
Proposal for a directive
Recital 100 a (new)
Recital 100 a (new)
(100 a)To enable and foster decarbonisation, regardless of their unbundling models, the transmission system operators are also well placed to invest in decarbonisation technologies and innovate projects enabling sectors integration, such as power-to-gas. To deliver these services at a reasonable cost and in a timely manner, the transmission system operators and hydrogen network operators will be allowed to invest in these technologies. The compensation for such services may – where applicable – happen under a tolling arrangement, where a customer pays a toll to – in the case of power-to-gas – feed electricity into the facility and receive hydrogen (or synthetic gas if a methanation step is added to the process) in return. The facility owner only provides a service and does not take ownership over the product (whether it is hydrogen or synthetic gas), thus would not engage in activities of trading or supplying those commodities.
Amendment 245 #
2021/0425(COD)
Proposal for a directive
Recital 103 a (new)
Recital 103 a (new)
(103 a) Regulatory authorities should be able to fix or approve charges for accessing and using facilities serving decarbonisation related activities under a tolling scheme, or the methodologies underlying the calculation of the charges, on the basis of a proposal by the transmission system operator or hydrogen network operator. In carrying out those tasks, national regulatory authorities should ensure that charges are non- discriminatory.
Amendment 293 #
2021/0425(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 298 #
2021/0425(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 310 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘abated gas’ means natural gas the carbon content of which has been captured by using CCUS technology ;
Amendment 324 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘gases’ mean natural, renewable and low-carbon gas and hydrogen;
Amendment 328 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘natural gas system’ means a system of infrastructures, including pipelines, LNG terminals and, storage facilities and facilities providing additional services, which transports gases, that primarily consist of methane and include biogas and gas from biomass, in particular biomethane, or other types of gas that can technically and safely be injected into, and transported through the natural gas pipeline system.
Amendment 366 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 30 a (new)
Article 2 – paragraph 1 – point 30 a (new)
(30 a) 'tolling scheme' means a business model where the facility operator provides a service (operates the facility for the benefit of the user) for a service fee and does not sell product, based on a service contract concluded between the facility operator and the user, according to which the facility operator produces hydrogen or synthetic gas for the user whereby the user acquires first ownership over the product. Under this scheme a user gains access to use a facility by means of payment of a tolling fee to the facility’s operator, and takes ownership of the produced commodity, and thereby the facility’s operator does not engage in activities of supply and trading.
Amendment 368 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 35
Article 2 – paragraph 1 – point 35
(35) ‘direct line’ means a natural gas, renewable gas and hydrogen pipeline complementary to the interconnected system;
Amendment 370 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 41
Article 2 – paragraph 1 – point 41
Directive 2009/73/EC
Article 2 – paragraph 1 – point 41
Article 2 – paragraph 1 – point 41
(41) ‘customer’ means a wholesale or final customer of gases or a natural gas or hydrogen undertaking which purchases gases ;
Amendment 388 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 70 – point c
Article 2 – paragraph 1 – point 70 – point c
(c) engages in production, distribution, supply, consumption, or storage of renewable - and biogas in the natural gas system, or provides energy efficiency services or maintenance services to its members or shareholders;
Amendment 392 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 71
Article 2 – paragraph 1 – point 71
(71) ‘active customer’ means a final natural gas customer, or a group of jointly acting final natural gas customers, who consumes or stores renewable gas, produced within its premises located within confined boundaries or, where permitted by a Member State, within other premises, or who sells self-produced renewable gas using the natural gas system, or participates in energy efficiency schemes, provided that those activities do not constitute its primary commercial or professional activity;
Amendment 413 #
2021/0425(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Directive 2009/73/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that all customers are free to purchase gases from the supplier of their choice and shall ensure that all customers are free to have more than one supply contract for natural gas, renewable gas or hydrogen at the same time, provided that the required connection and metering points are established and sufficient technical safety conditions are in place.
Amendment 415 #
2021/0425(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Directive 2009/73/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that their national law does not unduly hamper cross-border trade in gases, the functioning and emergence of liquid trading for gases, consumer participation, investments into, in particular, renewable and low carbon gases, or energy storage between Member States, and shall ensure that prices for gases reflect actual demand and supply.
Amendment 426 #
2021/0425(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure the protection of energy poor and vulnerable household customers pursuant to Articles 25 by social policy or by other means than public interventions in the price setting for the supply of gases.
Amendment 442 #
2021/0425(COD)
Proposal for a directive
Article 4 – paragraph 7 – point f
Article 4 – paragraph 7 – point f
Directive 2009/73/EC
Article 4 – paragraph 7 – point f
Article 4 – paragraph 7 – point f
Amendment 447 #
2021/0425(COD)
Proposal for a directive
Article 4 – paragraph 10
Article 4 – paragraph 10
10. The Commission shall review and submit a report to the European Parliament and to the Council on the implementation of this Article for the purpose of achieving market-based retail pricing of natural gas, together with or followed by a legislative proposal, if appropriate. This report may be combined with the report on the implementation of Article 5 of Directive (EU) 2019/944. That legislative proposal may include an end date for regulated prices.
Amendment 453 #
2021/0425(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Having full regard to the relevant provisions of the TFEU , in particular Article 106 thereof, Member States may impose on natural gas and hydrogen undertakings , in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, price and quality of supplies, and environmental protection, including energy efficiency, energy from renewable sources and climate protection. Such obligations shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access for natural gas undertakings and hydrogen undertakings of the Union to national consumers.
Amendment 468 #
2021/0425(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Directive 2009/73/EC
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Agency for the Cooperation of Energy Regulators (‘ACER ’) shall cooperate with regulatory authorities and transmission system operators to ensure the compatibility of regulatory frameworks between and within the regions with the aim of creating a competitive internal market in gases . Where ACER considers that binding rules on such cooperation are required, it shall make appropriate recommendations.
Amendment 478 #
2021/0425(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Member States shall set up or designate one or more contact points, where and when initiated by market participants. Those contact points shall, upon request by the applicant, and free of charge, guide through and facilitate the entire authorisation procedure for the activities referred to in paragraph 1 up to the delivery by the responsible authorities at the end of the procedure. The applicant shall not be required to contact more than one contact point for the entire process.
Amendment 486 #
2021/0425(COD)
Proposal for a directive
Article 7 – paragraph 10
Article 7 – paragraph 10
10. For the development of newly supplied areas and efficient operation generally, and without prejudice to Article 30, Member States may decline to grant a further authorisation to build and operate distribution pipeline systems for natural gas, renewable gas and hydrogen in any particular area once such pipeline systems have been or are authorised to be built in that area and if existing or proposed capacity is not saturated.
Amendment 495 #
2021/0425(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 70% in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this Article have been complied with. For those purposes, they shall require economic operators to use a mass balance or a book and claim system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001.
Amendment 504 #
2021/0425(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 534 #
2021/0425(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Where relevant, Member States shall require transmission system operators, distribution system operators and hydrogen network operators in their territory to publish technical rules in accordance with Article 9, in particular regarding network connection rules that include gas quality, gas odourisation and gas pressure requirements. Member States shall, where relevant, also require transmission and distribution system operators to publish the connection tariffs to connect gas from renewable sources based on objective, transparent and non-discriminatory criteria.
Amendment 539 #
2021/0425(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Customers shall have the right to switch gases suppliers or market participants. Member States shall ensure that a customer wishing to switch suppliers or market participants, while respecting contractual conditions, is entitled to such a switch within a maximum of three weeks from the date of the request. By 2026 at the latest, the technical process of switching supplier or market participant shall take no longer than 24 hours and shall be possible on any working day.
Amendment 612 #
2021/0425(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In order to promote energy efficiency and to empower final customers, Member States or, where a Member State has so provided, the regulatory authority shall strongly recommend that natural gas, renewable gas and low-carbon gas undertakings optimise the use of natural gas, inter alia, by providing energy management services, and introducing smart metering systems that are interoperable, in particular with consumer energy management systems and with smart grids, in accordance with the applicable Union data protection rules.
Amendment 622 #
2021/0425(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 624 #
2021/0425(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Where the deployment of smart metering systems has been negatively assessed as a result of the cost-benefit assessment referred to in Article 16(2) and where smart metering systems are not systematically deployed, Member States, optionally, based on their capacities, shall ensure that every final customer is entitled on request, while bearing the associated costs, to have installed or, where applicable, to have upgraded, under fair, reasonable and cost-effective conditions, a smart meter that:
Amendment 625 #
2021/0425(COD)
Proposal for a directive
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
Amendment 627 #
2021/0425(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where final natural gas customers do not have smart meters, Member States shall ensure, in so far it is technically possible, financially reasonable, and proportionate to the potential energy savings that final customers are provided with individual conventional meters that accurately measure their actual consumption.
Amendment 630 #
2021/0425(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall, following a detailed justification, adopt, by means of implementing acts, interoperability requirements and non- discriminatory and transparent procedures for access to data referred to in Article 21(1). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.
Amendment 631 #
2021/0425(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall ensure that natural gas undertakings apply the interoperability requirements and procedures for access to data referred to in paragraph 2. Those requirements and procedures shall be based on existing national practices.
Amendment 636 #
2021/0425(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
In particular, Member States shall take appropriate measures to protect final customers in remote areas who are connected to the natural gas or hydrogen systems. Member States may appoint a supplier of last resort for household customers, and, where Member States deem it to be appropriate, small enterprises considered to be vulnerable customers connected to the gas system.. They shall ensure high levels of consumer protection, particularly with respect to transparency regarding contractual terms and conditions, general information and dispute settlement mechanisms.
Amendment 674 #
2021/0425(COD)
Proposal for a directive
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Access to the system for renewable and low carbon gases may only be refused subject to the provisions of Article 18 and 33 of [recast Gas Regulation as proposed in COM(2021) xxx]denying connection by the operator.
Amendment 676 #
2021/0425(COD)
Proposal for a directive
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) operate, maintain and develop under economic conditions secure, reliable and efficient transmission, storage or LNG facilities to secure an open market, with due regard to the environment, the obligations laid down in [Regulation (EU) 2022/ … (Methane Regulation)] ensure adequate means to meet service obligations;
Amendment 688 #
2021/0425(COD)
Proposal for a directive
Article 35 – paragraph 10 a (new)
Article 35 – paragraph 10 a (new)
10 a. Transmission System Operators shall be entitled to engage in decarbonisation related activities, using a tolling scheme and under the supervision of the regulatory authority.
Amendment 689 #
2021/0425(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Without prejudice to Article 68 or any other legal duty to disclose information, each transmission, storage or LNG system operator, and each transmission system owner, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. In particular, it shall not disclose any commercially sensitive information to the remaining parts of thethat are performing any of the functions of production or supply of this undertaking, unless this is necessary for carrying out a business transaction. In order to ensure the full respect of the rules on information unbundling, Member States shall ensure that the transmission system owner including, in the case of a combined operator, the distribution system operator, and the remaining part of the undertaking do not use joint services, such as joint legal services, apart from purely administrative or IT functions. Notwithstanding the above, and in compliance with the requirement of the responsible performance of its tasks as set out in Article 35, if a transmission system operator and a hydrogen network operator are part of the same undertaking, they may use joint services and disclose those information with each- other that are necessary for ensuring cost- efficiency in operation and conduct of business in relation of both network operators by exploiting the synergies between them.
Amendment 692 #
2021/0425(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Transmission, storage or LNG system operators shall not, in the context of sales or purchases of natural gas or hydrogen by related undertakings, misuse commercially sensitive information obtained from third parties in the context of providing or negotiating access to the system.
Amendment 693 #
2021/0425(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The transmission system operator shall establish and publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gases. Those procedures shall be subject to approval by the regulatory authorities, which must take into consideration the natural gas system performance, and the risks associated with the quality of the gas, and security of supply.
Amendment 697 #
2021/0425(COD)
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The transmission system operators shall not be entitled to refuse economically reasonable and technically feasaible connection requests of a new or existing, but not yet connected production facility installation for renewable and low carbon gases.
Amendment 709 #
2021/0425(COD)
Proposal for a directive
Article 40 – paragraph 8
Article 40 – paragraph 8
8. The distributtransmission system operators shall establish and publish transparent and efficient procedures for non-discriminatory connection of new production installations of renewable and low carbon gases. Those procedures shall be subject to approval by the regulatory authorities, which must take into consideration the natural gas system performance, and the risks associated with the quality of the gas, and security of supply.
Amendment 711 #
2021/0425(COD)
Proposal for a directive
Article 40 – paragraph 9
Article 40 – paragraph 9
9. The distributtransmission system operators shall not be entitled to refuse economically reasonable and technically feasible connection requests of a new or existing, but not yet connected production facility installation for renewable and low carbon gases.
Amendment 714 #
2021/0425(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Amendment 737 #
2021/0425(COD)
Proposal for a directive
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Each hydrogen network operator shall buildensure where relevant a sufficient cross-border capacity to integrate European hydrogen infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of hydrogen supply.
Amendment 740 #
2021/0425(COD)
Proposal for a directive
Article 46 – paragraph 3 a (new)
Article 46 – paragraph 3 a (new)
3 a. Hydrogen Network Operators shall be entitled to engage in decarbonisation related activities, using a tolling scheme and under the supervision of the regulatory authority.
Amendment 745 #
2021/0425(COD)
Proposal for a directive
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Member States may decide to grant a derogation from the requirements of Articles 31, 62, 63 and 64 of this Directive, and Articles 6 and 47 of [recast Gas Regulation as proposed in COM(2021) xxx] to hydrogen and natural gas networks that belonged to a vertically integrated undertaking on [date of entry into force]. The derogation shall be limited in scope to the network capacity in operation on [date of entry into force].
Amendment 746 #
2021/0425(COD)
Proposal for a directive
Article 47 – paragraph 2 – point d
Article 47 – paragraph 2 – point d
Amendment 752 #
2021/0425(COD)
Proposal for a directive
Article 48 – paragraph 2 – introductory part
Article 48 – paragraph 2 – introductory part
2. The derogations under paragraph 1 shall apply at least until 31 December 2030. As from 1 January 203115 years from the date of commencement of operation of the hydrogen network in question. As After this period, the derogation shall expire when one of the conditions below is fulfilled:
Amendment 757 #
2021/0425(COD)
Proposal for a directive
Article 49 – paragraph 3
Article 49 – paragraph 3
Amendment 764 #
2021/0425(COD)
Proposal for a directive
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Without prejudice to legal duties to disclose information, each operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, and each owner of a hydrogen network, shall preserve the confidentiality of commercially sensitive information obtained in the course of carrying out its activities, and shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner. In particular, if the operator of a hydrogen network, hydrogen storage facility or hydrogen terminal, or the owner of a hydrogen network is part of a vertically integrated undertaking, it shall not disclose any commercially sensitive information to the remaining parts that are performing any of the functions of production or supply of the undertaking, unless this is necessary for carrying out a business transaction. Notwithstanding the above, and in compliance with the requirement of the responsible performance of its tasks as set out in Article 46., if a hydrogen network operator and a transmission system operator are part of the same undertaking, they may disclose those information with each-other that are necessary for ensuring cost-efficiency in operation and conduct of business in relation of both network operators by exploiting the synergies between them.
Amendment 767 #
2021/0425(COD)
Proposal for a directive
Article 50 a (new)
Article 50 a (new)
Article 50 a Closed hydrogen systems 1. Member States may provide for regulatory authorities to classify a hydrogen network which transports hydrogen within a geographically confined industrial, commercial or shared site and does not, without prejudice to paragraph 4, supply household customers, as a closed hydrogen system if: (a) for specific technical or safety reasons, the operations or the production process of the users of that hydrogen system are integrated; or (b) that system transports hydrogen primarily to the owner or operator of the system or to their related undertakings. 2. Member States may provide for regulatory authorities to exempt the operator of a closed hydrogen system from the requirements under Article 62, 63, and 64 and Article 6 of Gas Regulation that tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 71. 3. Where an exemption is granted under paragraph 2, the applicable tariffs, or the methodologies underlying their calculation, shall be reviewed and approved in accordance with Article 71 upon request by a user of the closed hydrogen system. 4. Incidental use by a small number of households with employment or similar associations with the owner of the closed hydrogen system and located within the area served by the closed hydrogen system shall not preclude an exemption under paragraph 2 being granted.
Amendment 794 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 2 – point c
Article 51 – paragraph 2 – point c
(c) include information on infrastructure that can or will be decommissioned; and
Amendment 796 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 2 – point c a (new)
Article 51 – paragraph 2 – point c a (new)
(c a) include information on natural gas system elements that can or will be transformed of to make them suitable for hydrogen transportation; and
Amendment 810 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 2 – point g
Article 51 – paragraph 2 – point g
(g) be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy climate reports submitted in accordance with Regulation (EU) 2018/1999 and support the climate- neutrality objective set out in Article 2(1), of Regulation (EU) 2021/1119. Where relevant, Member States shall ensure the independence of the competent national authority.
Amendment 888 #
2021/0425(COD)
Proposal for a directive
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where a hydrogen interconnector project is included in the EU-wide ten-year network development plan as referred to in Article 29 of [recast Gas Regulation as proposed in COM(2021)xxx] and is not a project of common interest as referred to in [Chapter II and Annex I point 3 of Regulation xxx on Guidelines for trans- European energy infrastructure], adjacent and affected hydrogen network operators shall design a project plan, including a request for cross-border cost allocation, and submit it jointly to the concerned regulatory authorities for a joint approval.
Amendment 911 #
2021/0425(COD)
Proposal for a directive
Article 56 – paragraph 4
Article 56 – paragraph 4
The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 83 supplementing this Directive in order to set guidelines to ensure full and effective compliance of the transmission system or hydrogen network owner and of the storage system or hydrogen storage operator with paragraph 2 of this Article .
Amendment 912 #
2021/0425(COD)
Proposal for a directive
Article 57 – paragraph 1 – point c a (new)
Article 57 – paragraph 1 – point c a (new)
(c a) Notwithstanding the above, and in compliance with the requirement of the responsible performance of their tasks, if a transmission system operator and a hydrogen network operator are part of the same vertically integrated undertaking, in order to ensure cost-efficiency in operation and conduct of business in relation of both network operators by exploiting the synergies between them, (i) assets that are necessary for the activity of gas and hydrogen transmission, except the infrastructure of the transmission systems, shall be owned by either of them, and (ii) point (b) of this Article in relation to these operators are applicable jointly, and (iii) point (c) is not applicable between these operators.
Amendment 916 #
2021/0425(COD)
Proposal for a directive
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Member States shall ensure that from [entry of transposition period+1year] hydrogen network operators are unbundled in accordance with the rules for natural gas transmission system operators set out in Article 564(1) to (3).
Amendment 921 #
2021/0425(COD)
Proposal for a directive
Article 62 – paragraph 3
Article 62 – paragraph 3
3. Where on [entry into force] the hydrogen network belonged to a vertically integrated undertaking,transmission system operators for gas are unbundled in accordance with Article 54 (1) or the rules on independent system operators for natural gas set out in Article 55 a Member State may decide not to apply paragraph 1. In such case, before 31. December 2030, the Member State concerned shall designate an independent hydrogen network operator unbundled in accordance with the rules on independent system operators for natural gas set out Article 55. Hydrogen network operators and transmission system operators for gas unbundled in accordance with Article 54(1) or Article 55 can act as independent hydrogen network operator, subject to the requirements pursuant to Article 63.
Amendment 924 #
2021/0425(COD)
Proposal for a directive
Article 62 – paragraph 4
Article 62 – paragraph 4
4. Until 31 December 2030, where the natural gas transmission system operator is unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX, Member State may designate an integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX. Such designation shall expire by 31 December 2030 at the latestHydrogen network operators and transmission system operators for gas unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX can act as integrated hydrogen network operator.
Amendment 935 #
2021/0425(COD)
Proposal for a directive
Article 62 – paragraph 4 a (new)
Article 62 – paragraph 4 a (new)
4 a. Integrated hydrogen network operators can also act as independent hydrogen network operator, in respect of hydrogen networks not owned by the same vertically integrated undertaking that they are part of.
Amendment 936 #
2021/0425(COD)
Proposal for a directive
Article 62 – paragraph 5
Article 62 – paragraph 5
5. The rules applicable to transmission system operators set out in Article 665 shall apply to hydrogen network operators.
Amendment 963 #
2021/0425(COD)
Proposal for a directive
Article 71 – paragraph 1 – point e
Article 71 – paragraph 1 – point e
(e) facilitating access to the network for new production capacity, in particular removing barriers that could prevent access for new market entrants and of gas and hydrogen from renewable and low-carbon sources;
Amendment 972 #
2021/0425(COD)
Proposal for a directive
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) as of 1 January 2031 or as from the date of applying Article 31(1) of this Directive, fixing or approving, in accordance with transparent criteria, where relevant, tariffs for hydrogen network access or their methodologies, or both;
Amendment 977 #
2021/0425(COD)
Proposal for a directive
Article 72 – paragraph 1 – point e
Article 72 – paragraph 1 – point e
Amendment 983 #
2021/0425(COD)
Proposal for a directive
Article 72 – paragraph 1 – point m
Article 72 – paragraph 1 – point m
(m) ensuring that following a sufficient transitional period there are no cross- subsidies between transmission, distribution, hydrogen transport, natural gas and hydrogen storage, LNG and hydrogen terminals and natural gas and hydrogen supply activities;
Amendment 986 #
2021/0425(COD)
Proposal for a directive
Article 72 – paragraph 1 – point s
Article 72 – paragraph 1 – point s
Amendment 1008 #
2021/0425(COD)
Proposal for a directive
Article 72 – paragraph 7 – point b
Article 72 – paragraph 7 – point b
(b) connection and access to national hydrogen networks, where relevant, including, as from 1 January 2031, the hydrogen network tariffs, and terms and conditons and tariffs for access to for hydrogen storage and hydrogen terminals, including tariffs were applicable;
Amendment 1009 #
2021/0425(COD)
Proposal for a directive
Article 74 – paragraph 5
Article 74 – paragraph 5
5. The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 83 in order to supplement this Directive by establishing guidelines on the extent of the duties of the regulatory authorities to cooperate with each other and with ACER.
Amendment 1013 #
2021/0425(COD)
Proposal for a directive
Article 76 – paragraph 4
Article 76 – paragraph 4
4. The Commission is empowered to adopt delegatedimplementing acts supplementing this Directive in accordance with Article 83, by establishing guidelines which define the methods and arrangements for record keeping as well as the form and content of the data that shall be kept.
Amendment 1030 #
2021/0425(COD)
Proposal for a directive
Annex I – point 5 – paragraph 1
Annex I – point 5 – paragraph 1
Amendment 1037 #
2021/0425(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
3. Subject to that assessment, Member States , shall prepare a timetable with a target of up to ten years for the deployment of smart metering systems. Where the deployment of smart metering systems is assessed positively, at least 80 % of final customers shall be equipped with smart meters within seven years of the date of the positive assessmentgradually within a flexible timeframe.
Amendment 65 #
2021/0423(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In this context, this Regulation should apply to the reduction of methane emissions in oil and fossil gas upstream exploration and production, fossil gas gathering and processing, gas transmission, distribution, underground storage and liquid fossil gas (LNG) terminals, as well as to operating underground and surface coalmines, closed and abandoned underground coal mines. This regulation must be proportionate to the objective to be achieved and must take into consideration the different starting points of Member States in the energy transition.
Amendment 79 #
2021/0423(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Compliance with the obligations under this Regulation is likely to require investments by regulated operators and the costs associated with such investments should be taken into account in tariff setting, subject to efficiency principles. Additional support should be made available in form of EU-grants or state aid in order to ease the indirect burdens of consumers.
Amendment 89 #
2021/0423(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In light of the proximity of some methane emission sources to urban or residential areas, natural or legal persons harmed by breaches of this Regulation should be able to lodge duly substantiated complaints with the competent authorities in so far as measures applicable in accordance with respective national laws. Complainants should be kept informed of the procedure and decisions taken and should receive a final decision within a reasonable time of lodging the complaint.
Amendment 93 #
2021/0423(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) A robust verification framework can improve the credibility of reported data. In addition, the level of detail and technical complexity of methane emissions measurements requires proper verification of methane emissions data reported by operators and mine operators. While self- verification is possible, third party verification ensures greater independence and transparency. In addition, it allows for a harmonized set of competences and level of expertise that may not be available to all public entities. Verifiers should be accredited by accreditation bodies in accordance with Regulation (EC) 765/2008 of the European Parliament and of the Council20 . Independent accredited verifCompetent authoritiers should thus ensure that emissions reports prepared by operators and mine operators are correct and in compliance with the requirements set out in this Regulation. They should review the data in the emissions reports to assess their reliability, credibility and accuracy against free and publicly available European or international standards developed by independent bodies and made applicable by the Commission. The Commission should thus be empowered to adopt delegated acts for the purpose of incorporating and setting out the applicability of such European or international standards. Verifiers are separate from competent authorities and should be independent from the operators and mine operators, who should provide them with all assistance necessary to enable or facilitate the performance of the verification activities, notably as regards access to the premises and the presentation of documentation or records. _________________ 20 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008).
Amendment 120 #
2021/0423(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Operators should notify major venting and flaring events without delay to the competent authorities and submit more comprehensive reports on all venting and flaring events. They should also ensure that equipment and devices comply with the standards laid down in Union law.
Amendment 140 #
2021/0423(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 149 #
2021/0423(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) OFollowing the necessary consultations, operators and competent authorities should be given a reasonable period in order to take the necessary preparatory actions to meet the requirements of this Regulation.
Amendment 154 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for the accurate measurement, reporting and verification of methane emissions in the energy sector in the Union, as well as the abatement of those emissions, including through leak detection and repair surveys and restrictions on venting and flaring. This Regulation also lays down rules on tools ensuring transparency of methane emissions from imports of fossil energy into the Union.
Amendment 162 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) gas transmission, distribution networks, underground storage facilities and liquid gas (LNG) terminals operating with fossil and/or renewable (bio-or synthetic) methane;
Amendment 165 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 172 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 199 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘source’ means a component or a geological structure that releases methane into the atmosphere whether intentionally or unintentionally, intermittentstructural element or a set of structural elements of the same design or a geological structure that intentionally or accidentally, periodically or persistentlymanently releases methane into the atmosphere;
Amendment 206 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘asset’ means a business or operating unit, which can be composed of several facilities or sites, including assets under the operational control of the operator (operated assets) and assets which are not under the operational control of the operator (non-operated assets);
Amendment 215 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘direct measurement’ means direct quantification of the methane emission at source-level with a methane measuring device;
Amendment 237 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24) ‘inactive well’ means an oil or gas well or well site, onshore or offshore, where operations for exploration or production have ceased for at least one year. It shall not include temporarily plugged wells, permanently plugged and abandoned wells, as defined in this Regulation, nor wells drilled in order to establish the existence of a possible hydrocarbons deposit or to acquire information in order to delimit an established deposit, provided no deposit was found to exist;
Amendment 246 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24 a (new)
Article 2 – paragraph 1 – point 24 a (new)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24 a) ‘permanently plugged and abandoned well’ means an oil or gas well or well site, onshore or offshore, which has been plugged and will not be re- entered, where all installations associated with the well have been removed and operations have been terminated and where documentation adequate to demonstrate that there are no methane emissions from that well or well site can be provided.
Amendment 248 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24 b (new)
Article 2 – paragraph 1 – point 24 b (new)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24 b) ‘temporarily plugged well’ means an oil or gas well or well site, onshore or offshore, where primary and secondary well barriers have been installed to isolate allpotential flow zones exposed by the well and where a wellhead is still installed and access to the well is still provided for
Amendment 252 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 41
Article 2 – paragraph 1 – point 41
Proposal for a regulation
Article 2 – paragraph 1 – point 41
Article 2 – paragraph 1 – point 41
Amendment 271 #
2021/0423(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. When fixing or approving transmission or distribution tariffs or the methodologies to be used by transmission system operators, distribution system operators, LNG terminal operators or other regulated companies including where applicable underground gas storage operators, regulatory authorities shall take into account the costs incurred and investments made to comply with the obligations under this Regulation, insofar as they correspond to those of an efficient and structurally comparable regulated operator. Additional financial sources should be provided to ease the additional costs incurred on consumers.
Amendment 273 #
2021/0423(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Every three years, the European Union Agency for the Cooperation of Energy Regulators (ACER) in close cooperation with the relevant national authorities shall establish and make publicly available a set of indicators and corresponding reference values for the comparison of unit investment costs linked to measurement, reporting and abatement of methane emissions for comparable projects.
Amendment 275 #
2021/0423(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall notify the Commission of the names and contact details of the competent authorities by … [312 months after the date of entry into force of this Regulation]. Member States shall notify the Commission without delay of any changes to the names or contact details of the competent authorities.
Amendment 288 #
2021/0423(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The competent authorities shall cooperate with each other and with the Commission and as necessaroptionally with authorities of third countries, in order to ensure compliance with this Regulation. The Commission may set up a network of competent authorities to foster cooperation, with the necessary arrangements for exchanging information and best practices and allow for consultations.
Amendment 293 #
2021/0423(COD)
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
Where reports are to be made public in accordance with this Regulation, the competent authorities shall make them publicly available free of charge, on a designated website and in freely accessible, downloadable and editable format. National regulations for critical infrastructures must be respected.
Amendment 297 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The competent authorities shall carry out periodic inspections to check the compliance of operators or mine operators with the requirements set out in this Regulation. The first inspection shall be completed by … [1830 months after the date of entry into force of this Regulation].
Amendment 310 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. After the first inspection referred to in paragraph 1, the competent authorities shall draw up programmes for routine inspections. The period between inspections shall be based on an optional appraisal of the environmental risk and shall not exceed two years. Where an inspection has identified a serious breach of the requirements of this Regulation, the subsequent inspection shall take place within one year.
Amendment 311 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The competent authorities shall carry out non-routine inspections in so far as measures applicable in accordance with respective national laws):
Amendment 316 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 322 #
2021/0423(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any natural or legal person which considers that it has suffered injury as a result of a breach of the requirements of this Regulation by operators or mine operators, may lodge a written complaint with the competent authorities, in so far as measures applicable in accordance with respective national laws.
Amendment 343 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Verifiers, possessing the relevant authorizations and qualifications, shall assess the conformity of the emissions reports submitted to them by operators or mine operators in accordance with this Regulation. They shall assess the conformity of the reports with the requirements laid down this Regulation and review all data sources and methodologies used in order to assess their reliability, credibility and accuracy, in particular the following points:
Amendment 353 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Proposal for a regulation
Article 8 – paragraph 2 –subparagraph 1
Article 8 – paragraph 2 –subparagraph 1
In carrying out the verification activities referred to in paragraph 1, verifiers shall use free and publicly available European or international standards for methane emissions quantification as made applicable by the Commission in accordance with paragraph 5. Until such date where the applicability of those standards is determined by the Commission, verifiers shall use existing European or international standards for quantification and verification of greenhouse gas emissions.
Amendment 371 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 373 #
2021/0423(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Verifiers shall be accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008. Suitably qualified specialists should also be enabled to perform the verification tasks.
Amendment 391 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By … [128 months from the date of entry into force of this Regulation], operators shall submit a report to the competent authorities containing source- level methane emissions estimated using generic but source-specific emission factors for all sources.
Amendment 418 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
By … [36 months from the date of entry into force of this Regulation] and by 30 March every year thereafter, operators shall submit a report to the competent authorities containing direct measurements of source-level methane emissions for operated assets referred to in paragraph 2, complemented by measurements of site- level methane emissions, thereby allowing assessment and verification of the source- level estimates aggregated by site, except the premises of the distribution company.
Amendment 434 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 442 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 488 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 505 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 11
Article 12 – paragraph 11
Proposal for a regulation
Article 12 – paragraph 11
Article 12 – paragraph 11
11. The competent authorities shall make the reports set out in this Article available to the public and the Commission, within three months from submission by operators and in accordance with Article 5(4). National regulations for critical infrastructures must be respected.
Amendment 516 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
By … [318 months from the date of entry into force of this Regulation], operators shall submit a leak detection and repair programme to the competent authorities which shall detail the contents of the surveys to be carried out in accordance with the requirements in this Article.
Amendment 537 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
By … [618 months from the date of entry into force of this Regulationthe competent authority accepts the program referred in paragraph 1], operators shall carry out a survey of all relevant components under their responsibility in accordance with the leak detection and repair programme referred in paragraph 1.
Amendment 558 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Thereafter, leak detection and repair surveys shall be repeated every threwelve months.
Amendment 572 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 3 Proposal for a regulation
Article 14 – paragraph 3 Proposal for a regulation
3. In carrying out the surveys, operators shall use devices that allow detection of loss of methane from components of 2 500 parts per million or more.
Amendment 585 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
Operators shall repair or replace all components found to be emitting 500 parts per million or more of methanemethane at a concentration higher than 1 000 parts per million (ppm) according to risk-based consideration.
Amendment 596 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
The operators shall apply gradual reduction of methane leakage based on risk assessment, starting with the repair of methane emissions higher than 10 000 ppm. Within 3 years or when 75% of the methane emissions of the installation fall below 10 000 ppm – whichever occurs first – , the operator shall start the repair and replace of all compounds found to be emitting 1000 ppm or more. The repair or replacement of the components referred to in the first subparagraph shall take place immediately after detection, or as soon as possible thereafter but no later than five days after detection, provided operators can demonstrate that safety or technical considerations do not allow immediate action and provided operators establish a repair and monitoring schedule.
Amendment 641 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Notwithstanding paragraph 2, operators shall survey components that were found to be emitting 500 parts per million or more of methaneat the concentration set in paragraph 4 during any of the previous surveys as soon as possible after the repair carried out pursuant to paragraph 4, and no later than 15 days thereafter to ensure that the repair was successful.
Amendment 649 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
Notwithstanding paragraph 2, operators shall survey components that were found to be emitting below 500 parts per million of methane, no later than three months after the emissions were detectedthe concentration set in paragraph 4, to check whether the size of loss of methane has changed.
Amendment 657 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 664 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Within one monthyear after each survey, operators shall submit a report with the results of the survey and a repair and monitoring schedule to the competent authorities of the Member State where the relevant assets are located. The report shall include at least the elements set out in Annex I.
Amendment 691 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
Proposal for a regulation
Article 15 – paragraph 2 –point b
Article 15 – paragraph 2 –point b
(b) where unavoidable and strictly necessary for the operation, repair, maintenance, commissioning or testing of components or equipment and subject to the reporting obligations set out in Article 16.
Amendment 742 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point k a (new)
Article 15 – paragraph 3 – point k a (new)
Proposal for a regulation
Article 15 – paragraph 3 – point k
Article 15 – paragraph 3 – point k
(k a) in all cases where venting is done to prevent an emergency and protect human life
Amendment 768 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Flaring shall only be allowed where either re-injection, utilisation on- site or dispatch of the methane to a market are not feasible for reasons other than economic considerations. In such a situation, as part of the reporting obligations set out in Article 16, operators shall demonstrate to the competent authorities the necessity to opt for flaring instead of either re-injection, utilisation on-site or dispatch of the methane to a marketMethane emission from flaring activity shall be eliminate till 2030.
Amendment 816 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Operators shall submit to the competent authorities quarterlyannual reports of all venting and flaring referred to in paragraph 1 and in Article 15 in accordance with the elements set out in Annex II.
Amendment 818 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 825 #
2021/0423(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Operators shall ensure that all flare stacks or other combustion devices comply with the requirements of paragraph 1 by … [12 months from the date of entry into force of this Regulation]2030.
Amendment 832 #
2021/0423(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Operators shall conduct weekmonthly inspections of flare stacks in accordance with the elements set out in Annex III.
Amendment 837 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 1 Proposal for a regulation
Article 18 – paragraph 1 Proposal for a regulation
1. By … [128 months from the date of entry into force of this Regulation], Member States shall establish and make publicly available an inventory of all inactive wells on their territory or under their jurisdiction, including at least the elements set out in Annex IV.
Amendment 842 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. By … [18 months of the date of entry into force of this Regulation], equipment for measurement ofmethane emissions at inactive wells shall be measured on source-level at least once every 12 months. Where five subsequent measurements [at yearly intervals] of inactive wells prove no methane emissions, they shall be installed on all inactiveconsidered emission-free and no further quantifications and reports weills be required.
Amendment 846 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 3 Proposal for a regulation
Article 18 – paragraph 3 Proposal for a regulation
3. Reports containing the measurements referred to in paragraph 2 shall be submitted where relevant to the competent authorities by … [24 months of the date of entry into force of this Regulation] and by 30 March every year thereafter and cover the last available calendar year. Before submission to the competent authorities, the reports set out in this paragraph shall be assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.
Amendment 860 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 1 a (new)
Article 18 – paragraph 6 – subparagraph 1 a (new)
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 1
Article 18 – paragraph 6 – subparagraph 1
Alternatively, Member States shall ensure the measurement of the methane leakage of inactive wells every month for one year. If no leakage is measured, the corresponding well should be considered as closed and the obligation to report further measurements should cease.
Amendment 862 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 2 – point d
Article 18 – paragraph 6 – subparagraph 2 – point d
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 2 – point d
Article 18 – paragraph 6 – subparagraph 2 – point d
Amendment 881 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. As regards surface coal mines, mine operators shall use deposit-specific coal mine methane emission factors to quantify emissions resulting from mining operations. Mine operators shall establish those emission factors on a quarterlyn annual basis, in accordance with appropriate scientific standards and take into account methane emissions from surrounding strata.
Amendment 883 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1
Article 20 – paragraph 4 – subparagraph 1
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1
Article 20 – paragraph 4 – subparagraph 1
The measurements and quantification shall be undertaken as referred to in paragraphs 1 to 3 shall be undertaken in accordance with an appropriate European or international standards.
Amendment 893 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Mine operators shall estimate where relevant coal post-mining emissions using coal post- mining emission factors, updated annually, based on deposit-specific coal samples and in accordance with appropriate scientific standards.
Amendment 894 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 6 – subparagraph 1 a (new)
Article 20 – paragraph 6 – subparagraph 1 a (new)
Proposal for a regulation
Article 20 – paragraph 6 – subparagraph 1
Article 20 – paragraph 6 – subparagraph 1
Amendment 895 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 6 – subparagraph 3 a (new)
Article 20 – paragraph 6 – subparagraph 3 a (new)
Proposal for a regulation
Article 20 – paragraph 6 – subparagraph 3 a (new)
Article 20 – paragraph 6 – subparagraph 3 a (new)
If the measurements in the first year show that methane emissions are negligible and this is presented in the certified report, mine operators and drainage station operators shall be exempted from the obligation to report and measure, especially in areas affected by coal removal.
Amendment 920 #
2021/0423(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
Amendment 926 #
2021/0423(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 957 #
2021/0423(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The mitigation plan shall be submitted to competent authorities by … [36 months from the date of entry into force of this Regulation] if the measurements carried out on the basis of Article 25 showed significant methane leak, that can be eliminated in a cost-effective way and include at least the elements set out in Part 4 of Annex VII.
Amendment 967 #
2021/0423(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 978 #
2021/0423(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 985 #
2021/0423(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 1003 #
2021/0423(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 1025 #
2021/0423(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Member States shall notify the rules on penalties to the Commission by [312 months from the date of entry into force of the Regulation]. In addition, Member States shall notify any subsequent amendment affecting such rules to the Commission without delay.
Amendment 1027 #
2021/0423(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 1037 #
2021/0423(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 1039 #
2021/0423(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Amendment 1044 #
2021/0423(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8(5), 22(3) and 27(1 22(3) shall be conferred on the Commission for an indeterminate period of time5 years from … [date of entry into force of the Regulation].
Amendment 1045 #
2021/0423(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The delegation of power referred to in Articles 8(5), 22(3) and 27(1 22(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1048 #
2021/0423(COD)
6. A delegated act adopted pursuant to Articles 8(5), 22(3) and 27(1 22(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1050 #
2021/0423(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Where reference is made to this paragraph, Article 45 of Regulation (EU) No 182/2011 shall apply.
Amendment 1052 #
2021/0423(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. EStarting from 2030, every five years the Commission shall submit a report on the evaluation of this Regulation to the European Parliament and to the Council and shall, if appropriate, submit legislative proposals to amend this Regulation. The reports shall be made public.
Amendment 1053 #
2021/0423(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2 a. By 31 December 2029, or earlier if the Commission considers that sufficient evidence is available, the Commission shall examine the application of this Article, considering in particular: a) reporting of the available methane emissions data collected in the context of the global methane monitoring tool referred to in Article 29; (b) methane emission data analysis by the IMEO; (c) information on monitoring, reporting, verification and mitigation measures of operators located outside of the Union and from whom energy is imported into the Union;and (d) security of supply and the level playing field implications in case of possible additional obligations, including mandatory measures such as methane emission standards or targets, taking into account the oil, gas and coal sectors separately.
Amendment 1056 #
2021/0423(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Regulation (EU) 2019/942
Article 15
Article 15
Amendment 1059 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 2 – point i
Annex I – paragraph 2 – point i
Proposal for a regulation
Annex I – paragraph 2 – point i
Annex I – paragraph 2 – point i
(i) Inventory and identification of allrelevant components that have been checked
Amendment 1063 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 2 – point iii
Annex I – paragraph 2 – point iii
(iii) For components found to be emitting 2 500 parts per million or more of methane, indication of whether repair was undertaken during the LDAR survey and if not why, taking into account the requirements as regards what elements can be taken into account for a delayed repair, as per Article 14, paragraph 4.
Amendment 1068 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 2 – point iv
Annex I – paragraph 2 – point iv
Proposal for a regulation
Annex I – paragraph 2 – point iv
Annex I – paragraph 2 – point iv
(iv) For components found to be emitting 2 500 parts per million or more of methane, planned repair schedule indicating planned date of repair,
Amendment 1077 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 2 – point v
Annex I – paragraph 2 – point v
Proposal for a regulation
Annex I – paragraph 2 – point v
Annex I – paragraph 2 – point v
(v) For components found to be emitting less than 2 500 parts per million in previous LDAR survey, but found to be emitting 2 500 parts per million or more of methane during post LDAR monitoring to check whether the size of loss of methane has evolved, indication whether repair was undertaken immediately and if not, why not (as per iii), and planned repair schedule indicating planned date of repair.
Amendment 1080 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 5 – point iii
Annex I – paragraph 5 – point iii
Proposal for a regulation
Annex I – paragraph 5 – point iii
Annex I – paragraph 5 – point iii
(iii) For components found to be emitting 2 500 parts per million or more of methane, results of monitoring after repair to check if repair was successful
Amendment 1085 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 5 – point iv
Annex I – paragraph 5 – point iv
Proposal for a regulation
Annex I – paragraph 5 – point iv
Annex I – paragraph 5 – point iv
(iv) For components found to be emitting less than 2 500 parts per million of methane, results of post LDAR monitoring to check whether the size of loss of methane has evolved and recommendation on the basis of finding.
Amendment 1098 #
2021/0423(COD)
Proposal for a regulation
Annex II – paragraph 1 – point ix
Annex II – paragraph 1 – point ix
Proposal for a regulation
Annex II – paragraph 1 – point ix
Annex II – paragraph 1 – point ix
(ix) results of weekmonthly inspections of flare stacks carries out in accordance with Article 17
Amendment 1101 #
2021/0423(COD)
Proposal for a regulation
Annex III – paragraph 1
Annex III – paragraph 1
Proposal for a regulation
Annex III – paragraph 1
Annex III – paragraph 1
Amendment 1102 #
2021/0423(COD)
Proposal for a regulation
Annex III – paragraph 3 – point ii
Annex III – paragraph 3 – point ii
Proposal for a regulation
Annex III – paragraph 3 – point ii
Annex III – paragraph 3 – point ii
(ii) In the case of unlit flares: whether the unlit flare has a gas vent or not. If it does have a gas vent, an intervention to remedy it should take place within 6 hours or within 24 hours in the case of bad weout delay, as soon as possible, but not lather or othan during ther nextreme conditions maintenance.
Amendment 1108 #
2021/0423(COD)
Proposal for a regulation
Annex V – Part 2 – paragraph 1 – point v – point 3
Annex V – Part 2 – paragraph 1 – point v – point 3
Proposal for a regulation
Annex V – paragraph 1 – point v – point 3
Annex V – paragraph 1 – point v – point 3
3) outline of the experimental method employed to determine methane emissions due to mining activities, including the choice of methodology to account for methane emissions from surrounding strata
Amendment 1113 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point iv
Annex VII – Part 1 – paragraph 1 – point iv
Proposal for a regulation
Annex VII – paragraph 1 – point iv
Annex VII – paragraph 1 – point iv
Amendment 1117 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 1
Annex VII – Part 1 – paragraph 1 – point v – point 1
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 1
Annex VII – Part 1 – paragraph 1 – point v – point 1
Amendment 1118 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 2
Annex VII – Part 1 – paragraph 1 – point v – point 2
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 2
Annex VII – Part 1 – paragraph 1 – point v – point 2
Amendment 1120 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 3
Annex VII – Part 1 – paragraph 1 – point v – point 3
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 3
Annex VII – Part 1 – paragraph 1 – point v – point 3
Amendment 1121 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 4
Annex VII – Part 1 – paragraph 1 – point v – point 4
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 4
Annex VII – Part 1 – paragraph 1 – point v – point 4
Amendment 1123 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 5
Annex VII – Part 1 – paragraph 1 – point v – point 5
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 5
Annex VII – Part 1 – paragraph 1 – point v – point 5
Amendment 1125 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 6
Annex VII – Part 1 – paragraph 1 – point v – point 6
Proposal for a regulation
Annex VII – Part 1 – paragraph 1 – point v – point 6
Annex VII – Part 1 – paragraph 1 – point v – point 6
Amendment 1129 #
2021/0423(COD)
Proposal for a regulation
Annex VII – Part 2 – paragraph 1 – point iii
Annex VII – Part 2 – paragraph 1 – point iii
Proposal for a regulation
Annex VII – Part 2 – paragraph 1 – point iii
Annex VII – Part 2 – paragraph 1 – point iii
Amendment 1136 #
Amendment 112 #
2021/0422(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Sanctions for the offences should be effective, dissuasive and proportionate. To this end, minimum levels for the maximum term of imprisonment should be set for natural persons. Minimum levels for the maximum term of imprisonment may be achieved by national law as a sanction for a single criminal offence, for an aggravated offence or for a combination of concurrent applicable criminal offences. Accessory sanctions are often seen as being more effective than financial sanctions especially for legal persons. Additional sanctions or measures should be therefore available in criminal proceedings. These should include the obligation to reinstate the environment, exclusion from access to public funding, including tender procedures, grants and concessions and withdrawal of permits and authorisations. This is without prejudice to the discretion of judges or courts in criminal proceedings to impose appropriate sanctions in the individual cases.
Amendment 115 #
2021/0422(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The criminal law systems of all Member States include provisions on manslaughter, whether it is committed intentionally or by gross negligence. Member States should be able to rely on these provisions when transposing the provisions of this Directive on offences that cause the death of any person, whether committed intentionally or by gross negligence. In this context, gross negligence describes a particularly serious breach of duty of care.
Amendment 266 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) production, placing on the market, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances, which cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 54 Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1–30)
Amendment 269 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(r) production, placing on the market, import, export, use, emission or release of fluorinated greenhouse gases as defined in Article 2 (1) of Regulation 517/2014 of the European Parliament and of the Council55 or of products and equipment containing or relying on such gases, which cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants. _________________ 55 Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, p. 195– 230).
Amendment 328 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 333 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the measures necessary measures to ensure that the offences referred to in Article 3(1) points (kf), (l), (m), (o),g) and (k) to (pr) are punishable by a maximum term of imprisonment of at least fourthree years.
Amendment 415 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (k), (l), (m), (o), (p), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 3% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 417 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Where their national law does not allow the level of fines to be determined using a percentage of the total worldwide turnover of the legal person in similar cases, Member States may, as regards the criminal or non-criminal fines referred to in Article 7(4) and (5), use other methods to set a maximum limit and the level of a fine, provided that the result is proportionate to the severity of the conduct and to the individual, financial and other situation of the legal person concerned.
Amendment 514 #
2021/0422(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that, in accordance with their national legal system, members of the public concerned have appropriate rights to participate in proceedings concerning offences referred to in Articles 3 and 4, for instance as a civil party.
Amendment 71 #
2021/0402(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The objectives of this Regulation, in particular counteracting third countries’ economic coercion of the Union or a Member State, cannot be sufficiently achieved by Member States acting on their own. This is because Member States as distinct actors under international law may not be entitled under international law to respond to economic coercion directed against the Union. Additionally, because of the exclusive competence conferred on the Union by Article 207 of the Treaty on the Functioning of the European Union, Member States are prevented from taking common commercial policy measures as a response to economic coercion. Therefore, those objectives can be achieved with greater effectiveness at Union level. This must not, however, have a restrictive effect on the scope of measures that may be imposed by Member States in other policy areas.
Amendment 74 #
2021/0402(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) It is of fundamental importance that, in counteracting economic coercion by third countries against the Union or its Member States, the Union must act in accordance with the provisions laid down in Articles 3 and 207 of the TFEU. Article 5(3) TEU provides that the principle of subsidiarity must apply in areas which do not fall within the exclusive competence of the Union.
Amendment 123 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 2 a (new)
Article 2 – paragraph 1 – indent 2 a (new)
- where, in accordance with Articles 3 and 207 TFEU, the measures adopted by third countries that aim to exert economic coercion and the measures adopted by the Union in response fall within the scope of the common commercial policy and, consequently, fall within the exclusive competence of the European Union.
Amendment 188 #
2021/0297(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Orderly international migration can bring important benefits to the countries of origin and destination of migrants and contribute to their sustainable development needs. Increasing coherence between trade, development and migration policies is key to ensure that the benefits of migration accrue mutually to both the origin and destination countries. In this respectRelated to migration, it is essential for both origin and destination countries to address common challenges, such as, stepping up cooperation on readmission of own nationals and their sustainable reintegration in the country of origin, in particular in order to avoid a constant drain in active population in the countries of origin, with the ensuing long- term consequences on development, and to ensure that migrants are treated with dignity.
Amendment 293 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II in order to temporarily withdraw the tariff preferences provided under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2), point (b). In adopting the delegated act the Commission may, when appropriate,shall consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 308 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The preferential arrangements referred to in Article 1(2) may be withdrawn temporarily, in respect of all or of certain products originating in a beneficiary country as a last resort, for any of the following reasons:
Amendment 312 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) serious and systematic violation of principles laid down in the core human and labour rights UN/ILO conventions listed in Annex VI;
Amendment 355 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II, in order to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2). In adopting the delegated act the Commission may, where appropriate,shall consider the socio- economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 359 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 16
Article 19 – paragraph 16
Amendment 365 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 17
Article 19 – paragraph 17
Amendment 224 #
2021/0223(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 331 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
Directive 2014/94/EU
Article 3
Article 3
(a) for each battery electric light-duty vehicle registered in their territory, a total power output of at least 10,85 kW is provided through publicly accessible recharging stations; and
Amendment 343 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point i Directive 2014/94/EU
Article 3 – paragraph 2 – point a – point i Directive 2014/94/EU
(i) by 31 December 2025, each recharging pool shall offer a power output of at least 300 kW and include at least one recharging station with an individual power output of at least 150 kW;
Amendment 374 #
2021/0223(COD)
Proposal for a regulation
Article 4 Directive 2014/94/EU
Article 4 Directive 2014/94/EU
Amendment 79 #
2021/0218(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The European Green Deal5 establishes the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and job creation. That objective, and the objective of a 55% reduction in greenhouse gas emissions by 2030 as set out in the 2030 Climate Target Plan6 that was endorsed both by the European Parliament7 and by the European Council8 , requires an energy transition andto significantly lower emission energy sources including but not exclusively significantly higher shares of renewable energy sources in an integrated energy system. __________________ 5 Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal. 6 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people 7 European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)) 8 European Council conclusions of 11 December 2020, https://www.consilium.europa.eu/media/47 296/1011-12-20-euco-conclusions-en.pdf
Amendment 86 #
2021/0218(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss, provided that the negative ecological and external effects of the expansion of renewable energies do not predominate. Those negative effects should be taken into account in an impact assessments.
Amendment 182 #
2021/0218(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Recharging points where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment, are highly relevant to energy system integration, therefore smart charging functionalities need to be ensured. In this regard, the operation of non-publicly accessible normal charging infrastructure for instance thanks to smart metering systems when deployed, is particularly important for the integration of electric vehicles in the electricity system as it is located where electric vehicles are parked repeatedly for long periods of time, such as in buildings with restricted access, employee parking or parking facilities rented out to natural or legal persons.
Amendment 222 #
2021/0218(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain biofuels, bioliquids and biomass fuels. The indirect effects of deforestation and soil compaction, the effects of wind turbines and the conflicts of land use with regard to solar parks should also be taken into account. Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator. As a consequence, the changes in the way the transport target is calculated should not affect the limits established on how to account toward that target certain fuels produced from food and feed crops on the one hand and high indirect land-use change-risk fuels on the other hand. In addition, in order not to create an incentive to use biofuels and biogas produced from food and feed crops in transport, Member States should continue to be able to choose whether count them or not towards the transport target. If they do not count them, they may reduce the greenhouse gas intensity reduction target accordingly, assuming that food and feed crop-based biofuels save 50% greenhouse gas emissions, which corresponds to the typical values set out in an annex to this Directive for the greenhouse gas emission savings of the most relevant production pathways of food and feed crop-based biofuels as well as the minimum savings threshold applying to most installations producing such biofuels.
Amendment 240 #
2021/0218(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 264 #
2021/0218(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Since this Directive will generate additional compliance costs for affected sectors, compensatory measures should prevent the total level of regulatory burden from increasing. The Commission should therefore present, before the entry into force of this amending Directive, legislative proposals offsetting the regulatory burden introduced by this Directive, through the revision or repeal of provisions in other Union legislative acts that generate compliance costs in the affected sectors, where appropriate.
Amendment 304 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
(14l) ‘smart charging’ means a recharging operation in which the intensity of electricity delivered to the battery is adjusted in real-time, based on information received through electronic communication by means of devices such as smart metering systems;
Amendment 320 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Proposal for a directive
Article 1– paragraph 1 – point c
Article 1– paragraph 1 – point c
(22aa) ‘Low-carbon hydrogen’ is hydrogen, the energy content of which is derived from non-renewable sources, which meets a greenhouse gas emission reduction threshold of 70%;
Amendment 379 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
1. Member States shall collectively ensure that the share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least 40%. This target should be supported by an in-depth impact assessment in order to reflect the current energy market situation;
Amendment 467 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Amendment 502 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
4a. Member States shall establish a framework, which may include support schemes and measures and facilitating the uptake of renewable power purchase agreements, in line with the development of system management and network capabilities enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures, to a high level of renewable electricity supply. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non- biological origin.;
Amendment 586 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
9. By onetwo years after the entry into force of this amending Directive, the Commission shall review, and where appropriate, propose modifications to, the rules on administrative procedures set out in Articles 15 (1) and (3), 16 and 17 and their application, and may takeconsider additional measures to support Member States in their implementation.;
Amendment 607 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Amendment 617 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
2. Member States shall introduce measures in their building regulations and codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources in the building stock, including national measures relating to substantial increases in renewables self- consumption, renewable energy communities and local energy storage, in combination with energy efficiency improvements relating to cogeneration and passive, nearly zero-energy and zero- energy buildings.
Amendment 625 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
To achieve the indicative share of renewables set out in paragraph 1, Member States shallmay, in their building regulations and codes and, where applicable, in their support schemes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources in buildings, in line with the provisions of Directive 2010/31/EU. Member States shall allow those minimum levels to be fulfilled, among others, through efficient district heating and cooling.
Amendment 626 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Amendment 635 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
4. In order to achieve the indicative share of renewable energy set out in paragraph 1, Member States shall promote the use of renewable heating and cooling systems and equipment. To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council26 , energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating systems and an increased switch to solutions based on renewable energy.; __________________ 26 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).
Amendment 716 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
3. Subject to their assessment included in the integrated national energy and climate plans in accordance with Annex I to Regulation (EU) 2018/1999 on the necessity to build new or modernize existing infrastructure for district heating and cooling from renewable sources in order to achieve the Union target set in Article 3(1) of this Directive, Member States shall, where relevant, take the necessary steps with a view to developing efficient district heating and cooling infrastructure to promote heating and cooling from renewable energy sources, including solar energy, ambient energy, geothermal energy, biomass, biogas, bioliquids and waste heat and cold, in combination with thermal energy storage. Such investment may be considered as significant investment in the state aid procedure’;
Amendment 733 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
1. Member States shall require transmission system operators and, when appropriate, distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and as close to realnd timely as possible but in time intervals of no more than one hour, with forecasting where available. This information shall be made available digitally in a manner that ensures it can be used by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices such as smart metering systems, electric vehicle recharging points, heating and cooling systems and building energy management systems.
Amendment 740 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
2. In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020], Member States shall ensure that manufacturers of domestic and industrial batteries enable real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf, such as building energy management companies and electricity market participants, under non- discriminatory terms and at no cost, albeit taking into account sensitive data protection.
Amendment 772 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
1. Member States shall endeavour to increase the share of renewable sources in the amount of energy sources used for final energy and non-energy purposes in the industry sector by an indicative average minimum annual increase of 1.1 percentage points by 2030following the upcoming review of the National Energy and Climate Plans on a voluntary basis.
Amendment 788 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Member States shall ensumay require that the contribution of renewable fuels of non- biological origin and low-carbon hydrogen used for final energy and non- energy purposes shall be 250 % of the hydrogen used for final energy and non- energy purposes in industry by 2030. For the calculation of that percentage, the following rules shall apply:
Amendment 795 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
(a) For the calculation of the denominator, the energy content of hydrogen for final energy and non-energy purposes shall be taken into account, excluding hydrogen produced as an unavoidable and unintentional consequence of the production process in industrial installations and hydrogen used as intermediate products for the production of conventional transport fuels.
Amendment 807 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
(c) For the calculation of the numerator and the denominator, the values regarding the energy content of fuels set out in Annex III shall be used. For the contribution referred to in Article 22a (1), third subparagraph, Member States may take into account low-carbon hydrogen.
Amendment 824 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
1. In order to promote the use of renewable energy in the heating and cooling sector, each Member State shall endeavour to, increase the share of renewable energy in that sector by at least 1.1 percentage points as an annual average calculated for the periods 2021 to 2025 and 2026 to 2030, starting from the share of renewable energy in the heating and cooling sector in 2020, expressed in terms of national share of gross final energy consumption and calculated in accordance with the methodology set out in Article 7.
Amendment 831 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Amendment 883 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
(g) planned replacement schemes of fossil heating systemources or fossil phase-out schemes with milestones;
Amendment 914 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a
Article 1 – paragraph 1 – point 13 – point a
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
1. Member States shall ensure that information on the energy performance and/or specifying the primary energy demand of the final use and the share of renewable energy in their district heating and cooling systems is provided to final consumers in an easily accessible manner, such as on bills or on the suppliers' websites and on request. The information on the renewable energy share shall be expressed at least as a percentage of gross final energy consumption of heating and cooling assigned to the customers of a given district heating and cooling system, including information on how much energy was used to deliver one unit of heating to the customer or end-user.;
Amendment 919 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
4. Member States shall endeavour to increase the share of energy from renewable sources and from waste heat and cold in district heating and cooling by at least 2.1 percentage points as an annual average calculated for the period 2021 to 2025 and for the period 2026 to 2030, starting from the share of energy from renewable sources and from waste heat and cold in district heating and cooling in 2020, and shall lay down the measures necessary to that end. The share of renewable energy shall be expressed in terms of share of gross final energy consumption in district heating and cooling adjusted to normal average climatic conditions.
Amendment 926 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point c
Article 1 – paragraph 1 – point 13 – point c
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
4a. Member States shall ensure that operators of district heating or cooling systems above 25 MWth capacity are obliged to connect third party suppliers of energy from renewable sources and from waste heat and cold or are obliged to offer to connect and purchase heat or cold from renewable sources and from waste heat and cold from third-party suppliers based on non-discriminatory criteria set by the competent authority of the Member State concerned, where such operators need to do one or more of the following:
Amendment 933 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point d
Article 1 – paragraph 1 – point 13 – point d
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
6. where applicable Member States shawill put in place a coordination framework between district heating and cooling system operators and the potential sources of waste heat and cold in the industrial and tertiary sectors to facilitate the use of waste heat and cold. That coordination framework shall ensure dialogue as regards the use of waste heat and cold involving at least:
Amendment 941 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point e
Article 1 – paragraph 1 – point 13 – point e
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
8. Member States shall establish a framework under which electricity distribution system operators will assess, at least every four yeaElectricity distribution system operators, in cooperation with the operators of district heating and cooling systems in their respective areas, will monitor the potential for district heating and cooling systems to provide balancing and other system services, including demand response and thermal storage of excess electricity from renewable sources, and whether the use of the identified potential would be more resource- and cost- efficient than alternative solutionsin line with the existing provisions in Directive 2019/944.
Amendment 973 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 0,5 % in 2025 and 2,2 % in 2030, and than indicative share of renewable fuels of non-biological origin is at least 2,6 %is at least [x] % in the energy supplied to the transport sector in 2030.
Amendment 983 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
For the calculation of the reduction referred to in point (a) and the share referred to in point (b), Member States shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventionaltransport fuels. For the calculation of the reduction referred to in point (a), Member States may take into account recycled carbon fuelsshall take into account recycled carbon fuels and may take into account low-carbon electricity meeting criteria in Article 29. point 10 (d), and for the sub-target on renewable fuels of nonbiological origin referred to in point (b) may take into account low- carbon hydrogen.
Amendment 1004 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
1a. Member States may exempt, or distinguish between, different fuel suppliers and different energy carriers when setting the obligation on the fuel suppliers for point (a) and (b), ensuring that the varying degrees of maturity and the cost of different technologies, as well as penetration of electric vehicles are taken into account.
Amendment 1007 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electric vehicles through public recharging stations or directly to consumers’ location measured and reported by using smart metering system shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.;
Amendment 1018 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
2a. Where due to slower penetration of electric vehicles the electricity consumption of road transport is below 3% of total road final energy consumption in transport or the share of electric vehicles is below 20%, that Member State may reduce the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), proportionally, in view of the contribution electricity would have made in terms of greenhouse gas emissions saving. For that purpose, Member States shall consider those fuels save 100 % greenhouse gas emissions.;
Amendment 1029 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a – point i
Article 1 – paragraph 1 – point 15 – point a – point i
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the7 % of final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State in 2020.;
Amendment 1065 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
(iii) for renewable and low-carbon electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator ECF(e) set out in in Annex V;
Amendment 1080 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
(iv) the share of biofuels and biogas produced from the feedstock listed in Part B of Annex IX in the energy content of fuels and electricity supplied to the transport sector shall, except in Cyprus and Malta, be limited to 1,73,4 %; Member States may, in justified cases increase that limit, taking into account the availability of feedstock. Any such modification shall be subject to approval by the Commission;
Amendment 1086 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
(d) the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels, biogas and renewable, renewable fuels of non- biological origin, recycled carbon fuels and renewable or low-carbon electricity supplied to all transport modes by the baseline.
Amendment 1090 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point c
Article 1 – paragraph 1 – point 16 – point c
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
(c) the shares of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and of renewable fuels of non-biological origin supplied in the aviation, road, rail and maritime modes shall be considered to be 1,2 times their energy content.;
Amendment 1106 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point ii
Article 1 – paragraph 1 – point 16 – point e – point ii
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Where electricity is used for the production of renewable fuels of non-biological origin, either directly or for the production of intermediate products, the average share of electricity from renewable sources or low- carbon electricity in the country of production, as measured two years before the year in question, shall be used to determine the share of renewable energy.;
Amendment 1150 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point ii
Article 1 – paragraph 1 – point 18 – point a – point ii
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 520 MW,
Amendment 1202 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
1. Energy from renewable and low- carbon fuels of non-biological origin shall be counted towards Member States’ shares of renewable energy and the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1) only if the greenhouse gas emissions savings independently of the technology from the use of those fuels are at least 70 %.
Amendment 1273 #
2021/0218(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) Annexes I, II, IV and V are amended in accordance with Annex II to this Directive.
Amendment 1274 #
2021/0218(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Proposal for a directive
Annex I – paragraph 1
Annex I – paragraph 1
Amendment 1284 #
2021/0218(COD)
Proposal for a directive
Annex I – paragraph 1 – point 5 – point c
Annex I – paragraph 1 – point 5 – point c
Proposal for a directive
Annex I – paragraph 1
Annex I – paragraph 1
18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co- products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery;
Amendment 78 #
2021/0214(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result inachieve the same level of climate ambition, there is a risk of carbon leakage, which would undermine the Union’s competitiveness. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products on the internal market, as well as export markets, or investment into such sectors and subsectors would predominantly flow to such countries and not the Union. That cwould lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
Amendment 99 #
2021/0214(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addresspreventing risks of carbon leakage resulting from the increased Union climate ambition on the internal market, export markets as well as investment leakage.
Amendment 106 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions.
Amendment 116 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to progressively replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. The legislative framework should cumulatively ensure that a mechanism is included to provide effective carbon leakage protection, also addressing export markets, as well as a net positive impact on global GHG emissions rather than EU emissions only. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out, but this transition shall not start before 2030 and only after the EC has tested and verified the effectiveness of the CBAM regulation in terms of protection from the risk of carbon leakage. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 136 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, from the internal market, export markets, and investment leakage, this Regulation would alsot the same time encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. Encouraging emission reductions in third countries is the most effective way of avoiding the risk of carbon leakage
Amendment 164 #
2021/0214(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transitional period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS, once impact on all aspects of carbon leakage for energy-intensive sectors of applying CBAM to indirect emissions with eventual withdrawal of indirect EU ETS compensation is fully analysed and measures to avoid such leakage are securely in place.
Amendment 209 #
2021/0214(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Similar technical constraints apply to refinery products, for which it is not possible to unambiguously assign GHG emissions to individual output products. At the same time, the relevant benchmark in the EU ETS does not directly relate to specific products, such as gasoline, diesel or kerosene, but to all refinery output. Due to these constraints, refinery products should be eligible to be included in the scope only if an unambiguous, verifiable and effective methodology is developed in close cooperation with all stakeholders concerned.
Amendment 223 #
2021/0214(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) The Commission should prepare a report at the latest before the end of the transitional period on the impact of CBAM on downstream sectors, in particular regarding the potential increase in costs of production and increase of cost of input materials and the ability of such sectors to pass any such increases to their customers. The Commission should propose measures to address any negative impact of CBAM on the competitiveness of the Union downstream sectors.
Amendment 314 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Proposal for a regulation
Article 1 paragraph 3
Article 1 paragraph 3
3. The mechanism will progressively become an alternative toCBAM can complement the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive.
Amendment 404 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Proposal for a regulation
Article 7 paragraph 6
Article 7 paragraph 6
6. The Commission is empowered toshall adopt implementing acts concerning detailed rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and default values and their respective application tocountry-specific default values for individual goods in Annex I as well as laying down methods to ensure the reliability of data on the basis of which the actual emissions and default values shall be determined, including the level of detail and the verification of the data. Adoption of the implementing acts shall be preceded by public consultations with exporters, importers, third country governments, and other relevant stakeholders. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
Amendment 642 #
2021/0214(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Proposal for a regulation
Article 29
Article 29
Article 29 a Measures in case of unforeseen damages The Commission shall in a timely manner establish an effective compensation mechanism, according to the procedures established in articles 28 and 29, for damages caused by unforeseen reactions of third countries as a result of the implementation of the CBAM regulation.
Amendment 663 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Proposal for a regulation
Article 30 paragraph 2
Article 30 paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, an in-depthe assessment - developed in close cooperation with the stakeholders concerned, of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
Amendment 679 #
2021/0214(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Proposal for a regulation
Article 30
Article 30
Article 30 a 1. For the years from 2026 to 2030 the EC shall set forth an adequate monitoring and reporting system to collect data allowing to test the effectiveness of the CBAM in ensuring an equivalent treatment for imports and domestic goods and protecting from the risk of carbon leakage. For the same years the EC shall also assess, in cooperation with the industrial sectors exposed to carbon leakage, different possible mechanisms to address the export exposure of the EU products. 2. In 2029 the Commission shall present a report to the European Parliament and the Council regarding the effectiveness of the CBAM. The report shall also include the selected option to address the export exposure. 3. The report by the Commission shall, if appropriate, be accompanied by a legislative proposal to include the selected option for export.
Amendment 36 #
2021/0211(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions. Therefore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned. In addition, free allocation for the production of a product should be independent of the nature of the production process. It is therefore necessary to modify the definition of the products and of the processes and emissions covered for some benchmarks to ensure a level playing field for new and existing technologies. It is also necessary to decouple the update of the benchmark values for refineries and for hydrogen to reflect the increasing importance of production of hydrogen outside the refineries sector.
Amendment 73 #
2021/0211(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. This includes the use for financial support to address social aspects in lower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 2,54 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016- 2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC.
Amendment 84 #
2021/0211(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. Sufficient safeguards should nevertheless be provided for the products intended for exports and their producers. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM, taking into account the need to maintain free allowances for the products that are exported. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low and zero carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non- CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
Amendment 108 #
2021/0211(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. Projects supported from the Innovation Fund should respect the principle of geographical balance. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 118 #
2021/0211(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important element to trigger emission reductions in industry, offering the opportunity to guarantee investors in innovative climate-friendly technologies a price that rewards CO2 emission reductions above those induced by the current price levels in the EU ETS. The range of measures that the Innovation Fund can support should be extended to provide support to projects through price- competitive tendering, such as CCDs and respect the principle of geographical balance. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support.
Amendment 124 #
2021/0211(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminating the support to any investments related to solid fossil fuels. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 80 %; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
Amendment 134 #
2021/0211(COD)
Proposal for a directive
Recital 43
Recital 43
Amendment 139 #
2021/0211(COD)
Proposal for a directive
Recital 47
Recital 47
Amendment 141 #
2021/0211(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 144 #
2021/0211(COD)
Proposal for a directive
Recital 49
Recital 49
Amendment 146 #
2021/0211(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 148 #
2021/0211(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 151 #
2021/0211(COD)
Proposal for a directive
Recital 52
Recital 52
(52) The introduction of the carbon price in road transport and buildingscreased costs of the green transition should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenuesreceive additional funding to spend on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenuThese resources should be used to address social aspects of the emission trading for the new sectorsgreen transition with a specific emphasis in vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climatestrengthened and expanded Modernisation Fund willould provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. This Fund willwill further promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and will be implemented on the basis of the Social Climate Plans thatIn addition, each Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . In addition, each Member State should use their auction revenuesuse their resources as well inter alia to finance a part of the costs of their Social Climate Plansrelated to the green transition. _________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62[Add ref to the Regulation establishing the Social Climate Fund].
Amendment 153 #
2021/0211(COD)
Proposal for a directive
Recital 54
Recital 54
Amendment 157 #
2021/0211(COD)
Proposal for a directive
Recital 55
Recital 55
Amendment 159 #
2021/0211(COD)
Proposal for a directive
Recital 56
Recital 56
(56) For emissions trading in the buildings and road transport sectors to bTo ensure effectiveness, it should be possible to monitor emissions with high certainty and at reasonable cost. Emissions should be attributed to regulated entities on the basis of fuel quantities released for consumption and combined with an emission factor. Regulated entities should be able to reliably and accurately identify and differentiate the sectors in which the fuels are released for consumption, as well as the final users of the fuels, in order to avoid undesirable effects, such as double burden. To have sufficient data to establish the total number of allowances for the period from 2028 to 2030, the regulated entities holding a permit at the start of the system in 2025 should report their associated historical emissions for 2024.
Amendment 161 #
2021/0211(COD)
Proposal for a directive
Recital 57
Recital 57
Amendment 164 #
2021/0211(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 166 #
2021/0211(COD)
Proposal for a directive
Recital 59
Recital 59
Amendment 168 #
2021/0211(COD)
Proposal for a directive
Recital 60
Recital 60
(60) In order to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Articles 10(4) and 10a(8) of that Directive. Moreover, to ensure synergies with the existing regulatory framework, the delegation in Articles 10(4) and 10a(8) of Directive 2003/87/EC should be extended to cover the sectors of road transport and buildings. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents66 , Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified _________________ 66 OJ C 369, 17.12.2011, p. 14.
Amendment 171 #
2021/0211(COD)
Proposal for a directive
Recital 63
Recital 63
(63) Furthermore, in order to ensure that the level of allowances that remains in the Market Stability Reserve after the invalidation is predictable, the invalidation of allowances in the reserve should no longer depend on the auction volumes of the previous year. The number of allowances in the reserve should, therefore, be fixed at a level of 42000 million allowances, which corresponds to the lower threshold for the value of the TNAC.
Amendment 172 #
2021/0211(COD)
Proposal for a directive
Recital 66
Recital 66
Amendment 178 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 10a
Article 10a
1. This Directive shall apply to the activities listed in Annexes I and III, and to the of greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 20 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold, it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process.
Amendment 223 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 a
Article 10 a
In addition, 2,54 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb.
Amendment 239 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Directive 2003/87/EC
Article 10 a
Article 10 a
Amendment 287 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b a (new)
Article 1 – paragraph 1 – point 12 – point b a (new)
Directive 2003/87/EC
Article 10 a – paragraph 1 a – subparagraph 2 a (new)
Article 10 a – paragraph 1 a – subparagraph 2 a (new)
(ba) The ban on giving free allocation to the production of these products, set out in the first subparagraph shall not apply to any part of the production of these products that is exported to third countries that do not have a carbon pricing mechanism similar or equivalent to the EU ETS.
Amendment 327 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 3
Article 10 a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable or low carbon energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 330 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 4
Article 10 a – paragraph 8 – subparagraph 4
Amendment 333 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 5
Article 10 a – paragraph 8 – subparagraph 5
The Commission shall ensure that the allowances destined for the Innovation Fund are auctioned in accordance with the principles and modalities laid down in Article 10(4), as well as with the principle of geographical balance. Proceeds from the auctioning shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation. Budgetary commitments for actions extending over more than one financial year may be broken down over several years into annual instalments.
Amendment 358 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10 d – paragraph 1 – subparagraph 2
Article 10 d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to energy generation facilities that use solid fossil fuels.”
Amendment 365 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b Directive 2003/87/EC
Article 1 – paragraph 1 – point 14 – point b Directive 2003/87/EC
(a) the generation and use of electricity from renewable sources and from low- carbon fuels where it is replacing a more carbon-intensive system;
Amendment 369 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point b
Article 10 d – paragraph 2 – point b
(b) heating and cooling from renewable sources and from low-carbon fuels when it is replacing a more carbon-intensive system;
Amendment 410 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 a (new)
Article 1 – paragraph 1 – point 20 a (new)
Directive 2003/87/EC
Article 29a
Article 29a
(20a) Article 29a of Directive 2003/87/EC is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than six consecutiveIf in a calendar months, the average allowance price on the European carbon market is more than threewo times the average price of allowances during the two preceding years five months period centred by the mon the European carbon market, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC. 2. paragraph 1 does not correspond to changing market fundamentals, one of two years prior to that month, 150 million allowances shall be automatically released from the market stability reserve established by Decision (EU) 2015/1814 and shall be auctioned according to Article 10 of this Directive during the second, third and fourth monthes following measures may be adopted, taking into accountthe month in which that criteria was met. The respective auctioning amounts for each of the degthree of price evolution: (a) States to bring forward the auctioning of a part of the quantity to be auctioned; (b) States to auction up to 25 % of the remaining allowances in the new entrantsmonths shall be evenly distributed. If the amount of the allowances contained in the reserve is less than 150 million, all allowances in the reserve shall be released." If the price evolution resferve. Those measures shall red to in a measure which allows Member adopted in accordance with the management procedure referred to in Article 23(4). measure which allows Member Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1642503235409)
Amendment 411 #
2021/0211(COD)
Amendment 423 #
2021/0211(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Decision (EU) 2015/1814
Article 2 – paragraph –1
Article 2 – paragraph –1
Article 1a (new) -1. In Article 1, paragraph 5a is replaced by the following: "5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above the total number of allowances auctioned during the previous year shall no longer be valid. 2000 million allowances shall no longer be valid." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015D1814- 20180408&qid=1642503924151)
Amendment 16 #
2021/0206(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Those amendments have differing economic and social impacts on the different sectors of the economy, on the citizens, and the Member States. In particular, the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC of the European Parliament and the Council31 should provide an additional economic incentive to invest into the reduction of fossil fuel consumption and thereby accelerate the reduction of greenhouse gas emissions. Combined with other measures, this should, in the medium to long term, reduce the costs for buildings and road transport, and provide new opportunities for job creation and investment. _________________ 31Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union (OJ L 275, 25.10.2003, p. 32)Combined with other measures, this should, in the medium to long term, provide necessary resources for Member States to achieve the increased climate targets and provide new opportunities for job creation and investment.
Amendment 22 #
2021/0206(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) However, resources are needed to finance those investments. In addition, before they have taken place, the cost supported by households and transport users for heating, cooling and cooking, as well as for road transport, is likely to increase as fuel suppliers subject to the ob related to the increased cligmations under the emission trading for buildings and road transport pass on costs on carbon to the consumerse ambition.
Amendment 37 #
2021/0206(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 53 #
2021/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transport on vulnerable households, vulnerable micro-enterprises and vulnerable transport usersincreased climate ambition. This should be achieved notably through temporary income support and measures and investments intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport to the benefit of vulnerable households, vulnerable micro-enterprises and vulnerable transport users.
Amendment 80 #
2021/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Ensuring that the measures and investments are particularly targeted towards energy poor or vulnerable households, vulnerable micro-enterprises and vulnerable transport users is key for a just transition towards climate neutrality. Support measures to promote reductions in greenhouse gas emissions should help Member States to address the social impacts arising from the emissions trading for the sectors of buildings and road transportincreased climate ambition.
Amendment 84 #
2021/0206(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measure accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directivederiving from the increased climate ambition. Eligibility for such direct income support should be limited in time.
Amendment 88 #
2021/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Taking into account the importance of tackling climate change in line with Paris Agreement commitments, and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement of the target that 30% of all expenditure under the 2021- 2027 multiannual financial framework should be spent on mainstreaming climate objectives and should contribute to the ambition of providing 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Only such measures and investments should be included in the Plans. Direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects ofReplacing coal- fired boilers with less emitting gas-boilers or hybrid heat pumps as the most cost- effective method of reducing emissions in the group of poorest households in certain Member States should also be considered as not having a significant impact on these objectives and deemed compliant with the gaforemen transitiontioned principle. _________________ 33Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 92 #
2021/0206(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Women are particularly affected by carbon pricing as they represent 85% of single parent families. Single parent families and large families have a particularly high risk of child poverty. Gender equality and equal opportunities for all, and the mainstreaming of those objectives, as well as questions of accessibility for persons with disabilities should be taken into account and promoted throughout the preparation and implementation of Plans to ensure no one is left behind.
Amendment 102 #
2021/0206(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Union should support Member States with financial means to implement their Plans through the Social Climate Fund. Payments from the Social Climate Fund should be made conditional on lead to the achievement of the milestones and targets included in the Plans. This would allow efficiently taking into account national circumstances and priorities while simplifying financing and facilitating its integration with other national spending programmes while guaranteeing the impact and the integrity of EU spending.
Amendment 104 #
2021/0206(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50% of the total costs of their Plan themsel' contribution should be based on a thorough impact assessment taking into consideration their different starting points and income levels. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purposeadditional funding should be provided. _________________ 41Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
Amendment 121 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Proposal for a regulation
Article 1 paragraph 3
Article 1 paragraph 3
The measures and investments supported by the Fund shall benefit households, micro-enterprises and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC, especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas)reased climate ambition.
Amendment 134 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Proposal for a regulation
Article 1 paragraph 4
Article 1 paragraph 4
The general objective of the Fund is to contribute to the transition towards climate neutrality by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/ECreased climate ambition. The specific objective of the Fund is to support vulnerable households, vulnerable micro- enterprises and vulnerable transport users through temporary direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration and storage of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport.
Amendment 142 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Proposal for a regulation
Article 2 paragraph 1
Article 2 paragraph 1
(1) ‘building renovation’ means all kinds of energy-related building renovation, including the insulation of the building envelope, that is to say walls, roof, floor, the replacement of windows, the replacement of heating, cooling and cooking appliances, and the installation of on-site production of energy from renewable sources as well as its storage;
Amendment 147 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Proposal for a regulation
Article 2 paragraph 1
Article 2 paragraph 1
(2) ‘energy poverty’ means energy poverty as defined in point [(49)] of Article 2 of Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council50 ; in line with the latter definition, Member States determine their respective range and proportion of vulnerable consumer groups affected by energy poverty within their territory, based on national specificities. _________________ 50[Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council (OJ C […], […], p. […]).] [Proposal for recast of Directive 2012/27/EU on energy efficiency]
Amendment 162 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Proposal for a regulation
Article 2 paragrpah 1 point 11
Article 2 paragrpah 1 point 11
(11) ‘vulnerable households’ means households in energy poverty or households, including lower middle- income ones, that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupyreased climate ambition;
Amendment 170 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Proposal for a regulation
Article 2 paragraph 1 point 12
Article 2 paragraph 1 point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy;
Amendment 175 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Proposal for a regulation
Article 2 paragraph 1
Article 2 paragraph 1
(13) ‘vulnerable transport users’ means transport users, including from lower middle-income households, that are significantly affected by the price impacts of the inclusion of road transport into the scope of Directive 2003/87/EC and lack the means to purchase zero- and low- emission vehicles or to switch to alternative sustainable modes of transport, including public transport, particularly in rural and remote areas.
Amendment 193 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Proposal for a regulation
Article 3 paragraph 2
Article 3 paragraph 2
Amendment 203 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
Proposal for a regulation
Article 3 paragraph 3
Article 3 paragraph 3
(a) finance measures and investments to increase energy efficiency of buildings, to implement energy efficiency improvement measures, to carry out building renovation, and to decarbonise heating and cooling of buildings, including the integration of energy production, as well as its storage, from renewable energy sources;
Amendment 223 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Proposal for a regulation
Article 4 (c)
Article 4 (c)
(c) an estimate of the likely effects of that increase in prices on households, and in particular on incidence of energy poverty, on micro-enterprises and on transport users, comprising in particular an estimate and the identification of vulnerable households, vulnerable micro- enterprises and vulnerable transport users; emphasizing that the increased costs of the higher Union climate ambition cannot be borne by the people instead of the big polluters, the companies, as this would increase the risk of energy poverty; these impacts are to be analysed with a sufficient level of regional disaggregation, taking into account elements such as access to public transport and basic services and identifying the areas mostly affected, particularly territories which are remote and rural;
Amendment 240 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
Proposal for a regulation
Article 4 paragraph 1
Article 4 paragraph 1
(h) an explanation of how the Plan ensures that no investment or measure, included in the Plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852; the Commission shall provide technical guidance to the Member States targeted to the scope of the Fund to that effect; no explanation is required for the measures referred to in Article 3(2);
Amendment 278 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Proposal for a regulation
Article 6 paragraph 1
Article 6 paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such support shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d).
Amendment 325 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
Proposal for a regulation
Article 6 paragraph 2
Article 6 paragraph 2
(f a) support, in particular, the vulnerable households and vulnerable micro-enterprises by introducing measures related to natural gas-based boilers and heating systems, and related to distribution infrastructure.
Amendment 331 #
2021/0206(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Proposal for a regulation
Article 7 paragraph 2
Article 7 paragraph 2
2. Where it is proven by the Member State concerned in its Plan that the public interventions referred to in paragraph 1 do not fully off-set the price increase resulting from the inclusion of the sectors of buildings and road transport into the scope of Directive 2003/87/EC, direct income support may be included in the estimated total costs in the limits of the price increase not fully off-setreased climate ambition.
Amendment 358 #
2021/0206(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Proposal for a regulation
Article 10 paragraph 3
Article 10 paragraph 3
3. Member States may include in their Plan, as part of the estimated total costs, the payments for additional technical support pursuant to Article 7 of Regulation (EU) 2021/240 and the amount of the cash contribution for the purpose of the Member State compartment pursuant to the relevant provisions of Regulation (EU) 2021/523. Those costs shall not exceed 4 % of the financial total allocation for the Plan, and the relevant measures, as set out in the Plan, shall comply with this Regulation. In addition, where necessary, the Member State may propose additional technical assistance measures to strengthen the capacity and effectiveness of public authorities and bodies, beneficiaries and relevant partners necessary for the effective management and use of the Funds.
Amendment 359 #
2021/0206(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Proposal for a regulation
Article 11 paragraph 1
Article 11 paragraph 1
The Fund shall be implemented by the Commission in directshared management in accordance with the relevant rules adopted pursuant to Article 322 TFEU, in particular Regulation (EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council59 . _________________ 59Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (OJ L 433I, 22.12.2020, p. 1).
Amendment 364 #
2021/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Proposal for a regulation
Article 14 Paragraph 1
Article 14 Paragraph 1
1. Member States shall' contribute at least to 50 percent of the total estimated costs of their Planion should be based on a thorough impact assessment taking into consideration their different starting points and income levels.
Amendment 373 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
Proposal for a regulation
Article 15 paragraph 2
Article 15 paragraph 2
(i) whether the Plan represents a response to the social impact on and challenges faced by vulnerable households, vulnerable micro-enterprises and vulnerable transport users in the Member State concerned from establishing the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/ECthe increased climate ambition, especially households in energy poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the long-term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
Amendment 380 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii
Article 15 – paragraph 2 – point a – point iii
Proposal for a regulation
Article 15 paragraph 2
Article 15 paragraph 2
(iii) whether the Plan contains measures and investments addressing the social impacts that contribute to the green transition, including to addressing the challenges resulting therefrom and in particular to the achievement of the 2030 climate and energy objectives of the Union and the 2030 milestones of the Mobility Strategy.
Amendment 395 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Proposal for a regulation
Article 17 paragraph 1
Article 17 paragraph 1
1. Where a Social Climate Plan, including relevant milestones and targets, is no longer achievable, either in whole or in part, by the Member State concerned because of objective circumstances, in particular because of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/ECincreased climate ambition, the Member State concerned may submit to the Commission an amendment of its Plan to include the necessary and duly justified changes. Member States may request technical support for the preparation of such request.
Amendment 398 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Proposal for a regulation
Article 17 paragraph 5
Article 17 paragraph 5
5. By 15 March 2027 each Member State concerned shall assess the appropriateness of its Plans in view of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/087/ECincreased climate ambition. Those assessments shall be submitted to the Commission as part of the biennial progress reporting pursuant to Article 17 of Regulation (EU) 2018/1999.
Amendment 412 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point f
Article 23 – paragraph 1 – point f
Proposal for a regulation
Article 23 paragraph 1
Article 23 paragraph 1
(f) in 2027, an assessment of the Plan referred to in Article 17(5) in view of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/087/ECincreased climate ambition;
Amendment 418 #
2021/0206(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The evaluation report shall, in particular, assess to which extent the objectives of the Fund laid down in Article 1 have been achieved, the efficiency of the use of the resources and the Union added value. It shall consider the continued relevance of all objectives and actions set out in Article 6 in light of the impact on greenhouse gas emissions from the emission trading system for buildings and road transport pursuant to Chapter IVa of Directive 2003/87/EC and from the national measures taken to meet the binding annual greenhouse gas emission reductions by Member States pursuant to Regulation (EU) 2018/842 of the European Parliament and of the Council63 . It shall also consider the continued relevance of the financial envelope of the Fund in relation to possible developments concerning the auctioning of allowances under the emission trading system for buildings and road transport pursuant to Chapter IVa of Directive 2003/87/EC and other relevant considerations. _________________ 63Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26-42).
Amendment 166 #
2021/0203(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to have an impact, the energy efficiency first principle needs to be consistently applied by decision makers in all relevant policy, planning and major investment decisions – that is to say large- scale investments with a value of more than 50 euro million each or 75 euro million for transport infrastructure projects – affecting energy consumption or supply. The proper application of the principle requires using the right cost-benefit analysis methodology, setting enabling conditions for energy efficient solutions and proper monitoring. Demand side flexibility can bring significant benefits to consumers and to society at large, and can increase the efficiency of the energy system and decrease the energy costs, for example by reducing system operation costs resulting in lower tariffs for all consumers. Member States should take into account potential benefits from demand side flexibility in applying the energy efficiency first principle and where relevant consider demand response, energy storage and smart solutions as part of their efforts to increase efficiency of the integrated energy system.
Amendment 241 #
2021/0203(COD)
Proposal for a directive
Recital 50
Recital 50
(50) When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85271 . Member States should not promote activities that are not environmentally sustainable such as use of solid fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion will not be eligible energy savings under energy savings obligation as of transposition of this Directive. It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report72 . The restriction aims at encouraging Member States to spend public money into future-proof, sustainable technologies only. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may not be eligible anymore under the energy savings obligation. WhileBoth energy savings resulting, for example, from the promotion of natural gas-based cogeneration would not be eligible, the restriction would not apply forand indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation, would be eligible. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco- driving, should remain eligible. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep renovations in line with the long- term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source. _________________ 71 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088, OJ L 198, 22.6.2020, p. 13–43. 72 IEA (International Energy Agency) (2021), Net Zero by 2050 A Roadmap for the Global Energy Sector, https://www.iea.org/reports/net-zero-by- 2050.
Amendment 252 #
2021/0203(COD)
Proposal for a directive
Recital 51
Recital 51
(51) Member States' energy efficiency improvement measures in transport are eligible to be taken into account for achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to promoting more efficient vehicles, a modal shift to cycling, walking and collective transport, or mobility and urban planning that reduces demand for transport. In addition, schemes which accelerate the uptake of new, more efficient vehicles or policies fostering a shift to fuels with reduced levels of emissions, except policy measures regarding the use of direct fossil fuel combustion, that reduce energy use per kilometre are also capable of being eligible, subject to compliance with the rules on materiality and additionality set out in Annex V to this Directive. Policy measures promoting the uptake of new fossil fuel vehicles should not qualify as eligible measures under the energy savings obligation.
Amendment 264 #
2021/0203(COD)
Proposal for a directive
Recital 54
Recital 54
(54) Member States and obligated parties should make use of all available means and technologies , except regarding the use of direct fossil fuel combustion technologies, to achieve the cumulative end-use energy savings required, including by promoting sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure and energy audits or equivalent management systems, provided that the energy savings claimed comply with the requirements laid down in Article 8 and Annex V to this Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative policy measures. Member States should encourage actions resulting in energy savings over the long lifetimes.
Amendment 320 #
2021/0203(COD)
Proposal for a directive
Recital 99
Recital 99
(99) Member States should empower and protect all people equally, irrespective of their sex, gender, age, disability, race or ethnic origin, sexual orientation, religion or belief, and ensure that those most affected or put at greater risk of being affected by energy poverty, or most exposed to the adverse impacts of energy poverty, are adequately protected. In addition, Member States should ensure that energy efficiency measures do not exacerbate any existing inequalities, notably with respect to energy poverty.
Amendment 322 #
2021/0203(COD)
Proposal for a directive
Recital 100
Recital 100
(100) Member States should ensure that national energy regulatory authorities take an integrated approach encompassing potential savings in the energy supply and the end-use sectors. Without prejudice to security of supply, market integration and anticipatory investments in offshore grids necessary for the deployment of offshore renewable energy, national energy regulatory authorities should ensure that the energy efficiency first principle is applied in the planning and decision making processes and that network tariffs and regulations incentivise improvements in energy efficiency. Member States should also ensure that transmission and distribution system operators consider the energy efficiency first principle. That would help transmission and distribution system operators to consider better energy efficiency solutions and incremental costs incurred for the procurement of demand side resources, as well as the environmental and socio-economic impacts of different network investments and operation plans. Such an approach requires a shift from the narrow economic efficiency perspective to maximised social welfare. TWithout prejudice to the principle of cost-reflectiveness of network tariffs, the energy efficiency first principle should in particular be applied in the context of scenario building for energy infrastructure expansion where demand side solutions could be considered as viable alternatives and need to be properly assessed, and it should become an intrinsic part of the assessment of network planning projects. Its application should be scrutinised by national regulatory authorities.
Amendment 339 #
2021/0203(COD)
Proposal for a directive
Recital 123
Recital 123
(123) Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied from fossil fuels. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union's energy dependence and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the context of the Paris Agreement. For the purposes of their cumulative energy savings obligation Member States may take into account energy savings from policy measures promoting renewable technologies to meet their energy savings requirements in accordance with the calculation methodology provided in this Directive . Energy savings from policy measures regarding the use of direct fossil fuel combustion should not be counted.
Amendment 363 #
2021/0203(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘final energy consumption’ means all energy supplied to industry, transport (including energy consumption in international aviation) , households, public and private services, agriculture , forestry and fishing and other end-users (final consumers of energy) . It excludes energy consumption in international maritime bunkers, ambient heat and deliveries of primary energy to the transformation sector, and the energy sector and losses due to transmission and distribution (definitions in Annex A of Regulation (EC) No 1099/2008 apply) (except activities listed as industry under group C of the NACE Rev.2 Statistical classification of economic activities in the European Community and losses due to transmission) and distribution;
Amendment 369 #
2021/0203(COD)
(13a) ‘industry’ means companies and products that fall under sections B, C, F and J, division (63) of the statistical classification of economic activities (NACE REV.2);
Amendment 395 #
2021/0203(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. In conformity with the energy efficiency first principle, taking into account the Commission Recommendation on the energy efficiency first principle Member States shall ensure that energy efficiency solutions are taken into account in the planning, policy and major public investment decisions related to the following sectors:
Amendment 407 #
2021/0203(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensureassess that the application of the energy efficiency first principle is verified by the relevant entitiesn case of new decisions when where policy, planning and major public investment decisions are subject to approval and monitoring requirements.
Amendment 426 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall collectively ensure a reduction of energy consumption of at least 9 % in 2030 compared to the projections of the 2020 Reference Scenario so that the Union’s final energy consumption amounts to no more than 787 Mtoe and the Union’s primary energy consumption amounts to no more than 1023 Mtoe in 2030.91 _________________ 91 The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition by at least 9 % in 2030 compared to the level of efforts under the 2020 Reference Scenario. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts needed. In addition the Member States shall collectively strive for the Union’s 2030 primary energy consumption amounts to no more than 1023 Mtoe in 2030.
Amendment 436 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Each Member State shall set an indicative national energy efficiency contributions for final andor primary energy consumption to meet, collectively, the binding Union target set in paragraph 1 . Member States shall notify those contributions together with an indicative trajectory for those contributions to the Commission as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999 . When doing so, Member States shallmay use the formula defined in Annex I of this Directive and take into account the requirements set out in paragraph 3 and explain how, and on the basis of which data, the contributions have been calculated.
Amendment 464 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point e – point iii
Article 4 – paragraph 2 – subparagraph 2 – point e – point iii
(iii) the current use and development of all sources of renewable energies, nuclear energy, carbon capture and storage;
Amendment 476 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Where the Commission concludes, on the basis of its assessment pursuant to Article 29(1) and (3) of Regulation (EU) 2018/1999, that insufficient progress has been made towards meeting the energy efficiency contributions, Member States that are above their indicative trajectories referred to in paragraph 2 of this Article shall ensure that additional measures are implemented within onetwo years following the date of reception of the Commission's assessment in order to ensure getting back on track to reach their energy efficiency contributions. Those additional measures shall include, but shall not be limited to, the following measures:
Amendment 506 #
2021/0203(COD)
2. Member States shall include, in their national energy and climate plans and updates thereof pursuant to Regulation (EU) 2018/1999, a list ofthe list of obliged public bodies which shall contribute to the fulfilment of the obligation set out in paragraph 1 of this Article, the amount of energy consumption reduction to be achieved by each of them and the measures they plan to achieve it. The list of obliged public bodies shall include at least ministries, government- designated central purchasing bodies and all state budget public bodies. As part of their integrated national energy and climate reports pursuant to Article 17 of Regulation (EU) 2018/1999, Member States shall report to the Commission the final energy consumption reduction achieved annually by the obliged public bodies.
Amendment 580 #
2021/0203(COD)
Proposal for a directive
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. For the purposes of this Article , Member States shall make publicly available an inventory of heated and/or cooled public bodies’ buildings with a total useful floor area of more than 250 m2. This inventory shall be updated at least once aevery three years. The inventory shall contain at least the following data:
Amendment 657 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 8 – point c
Article 8 – paragraph 8 – point c
(c) count towards the amount of required energy savings in point (a) and (b) and (c) of the first subparagraph of paragraph 1 , energy savings and avoided network losses achieved in the energy transformation, distribution and transmission sectors, including efficient district heating and cooling infrastructure, as a result of implementing the requirements set out in in Article 23(4), point (a) of Article 24(4), and Article 25(1), (5) to (9) and (11). Member States shall inform the Commission about their intended policy measures under this point for the period from 1 January 2021 to 31 December 2030 as part of their integrated national energy and climate plans. The impact of those measures shall be calculated in accordance with Annex V and included in those plans;. By 2024, the Commission shall adopt an implementing act laying down the methodology for the calculation and verification of avoided network losses
Amendment 671 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 13 a (new)
Article 8 – paragraph 13 a (new)
13 a. Re-introduce the deleted paragraphs 8, 9, 10 and 11.
Amendment 824 #
2021/0203(COD)
Proposal for a directive
Article 22 – paragraph 4 – introductory part
Article 22 – paragraph 4 – introductory part
4. Member States shall establish a network of experts from various sectors such as health sector, building sector and social sectors to develop strategies to support local and national decision makers in implementing energy efficiency improvement measures alleviating energy poverty, measures to generate robust long term solutions to mitigate energy poverty and to develop appropriate technical assistance and financial tools. Member States shall strive to ensure a network of experts’ composition that ensures gender balance and reflects the perspectives of people in all their diversity.
Amendment 874 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. In order to increase primary energy efficiency and the share of renewable energy in heating and cooling supply, an efficient district heating and cooling system is a system which meets the following criteria: a system using at least 50% renewable energy, 50% waste heat, 75% cogenerated heat or 50% of a combination of such energy and heat;
Amendment 877 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
Amendment 886 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
Amendment 901 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
Amendment 918 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
d. from 1 January 2045, a system using at least 75 % renewable energy and waste heat, where the share of renewable energy is at least 40%;eleted
Amendment 927 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
Amendment 942 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall ensure that where a district heating and cooling system is built or substantially refurbished it meets the criteria set out in paragraph 1 applicable at such time when it starts or continues its operation after the refurbishment, with the exception of reserve plants (operational during fewer than 180 days in the year). In addition, Member States shall ensure that when a district heating and cooling system is built or substantially refurbished, there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas.
Amendment 956 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 4 – point a
Article 24 – paragraph 4 – point a
(a) a thermal electricity generation installation with an average annual total energy input exceeding 5 MW , with the exception of campaign plants (operational during fewer than 180 days in the year) in order to assess the cost and benefits of providing for the operation of the installation as a high-efficiency cogeneration installation;
Amendment 995 #
2021/0203(COD)
Proposal for a directive
Article 25 – paragraph 9
Article 25 – paragraph 9
9. Where appropriate, national regulatory authorities may require transmission system operators and distribution system operators to encourage high-efficiency cogeneration to be sited close to areas of heat demand by reducing the connection and use-of-system charges or to encourage decentralised renewable energy production at end users to avoid network losses. By 2024, the Commission shall adopt an implementing act laying down the methodology for the calculation and verification of avoided network losses.
Amendment 1100 #
2021/0203(COD)
Proposal for a directive
Annex V – point 2 – point e
Annex V – point 2 – point e
(e) Member States cannot double count reduced energy use in sectors, including the transport and building sectorindustry already covered by the EU ETS, that would have occurred in any event as a result of emission trading pursuant to the EU ETS Directive towards the fulfilment of the energy savings obligation pursuant to Article 8(1). If an entity is an obligated party under a national energy efficiency obligation scheme under Article 9 of this Directive and under the EU Emissions Trading System for buildings and road transport [COM(2021) 551 final,2021/0211 (COD)], the monitoring and verification system shall ensure that the carbon price passed through when releasing fuel for consumption [according Article 1(21) of COM(2021) 551 final,2021/0211 (COD)] is taken into account when calculating and reporting the energy savings of its energy saving measures;scheme under Article 9 of the EU Emissions Trading System for industry, energy savings of projects have to be assessed on a case-by-case basis. The assessment shall determine the part of the energy saving from the project that is induced by the energy saving obligation scheme above the savings that would have occurred as a result of the ETS carbon price. This part of the reduced energy use shall count towards the fulfilment of the energy savings obligation pursuant to Article 8(1).
Amendment 1108 #
2021/0203(COD)
Proposal for a directive
Annex V – point 2 – point g
Annex V – point 2 – point g
(g) policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted , except those policy measures regarding the use of direct combustion of fossil fuel technologies that are implemented as from 1 January 2024 ;
Amendment 1131 #
2021/0203(COD)
Proposal for a directive
Annex V – point 2 – point h
Annex V – point 2 – point h
(h) Energy savings as a result of policy measures regarding the use of direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works shall not count maximum only for with a lifespan of 3 years towards the fulfilment of energy savings obligation as from 1 January 2024;
Amendment 1136 #
2021/0203(COD)
Proposal for a directive
Annex V – point 2 – point j a (new)
Annex V – point 2 – point j a (new)
(j a) measures promoting the installation of renewable energy technologies at end users may be eligible to be taken into account for the fulfilment of energy savings required under Article 8 (1), provided that they result in verifiable, and measurable or estimable, avoided network losses. The calculation of avoided network losses shall be based on the average amount of network losses of the relevant electricity distribution network in the previous 12 months;
Amendment 1144 #
2021/0203(COD)
Proposal for a directive
Annex V – point 2 – point k
Annex V – point 2 – point k
(k) for policies that accelerate the uptake of more efficient products and vehicles, except those regarding the use of direct fossil fuel combustion, full credit may be claimed, provided that it is shown that such uptake takes place before expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until end of the average expected lifetime of the product or vehicle to be replaced;
Amendment 30 #
2021/0202(COD)
-1 In Article 1, paragraph 5a is replaced by the following: "5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above the total number of allowances auctioned during the previous year shall no longer be valid. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015D1814-2000 million allowances shall no longer be valid." Or. en 20180408&qid=1642503924151)
Amendment 35 #
2021/0202(COD)
Proposal for a decision
Article 1 a (new)
Article 1 a (new)
Directive 2003/87/EC
Article 29a
Article 29a
Article 1 a (new) Amendments to Directive 2003/87/EC Article 29a of Directive 2003/87/EC is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1.If, for more than six consecutiveIf in a calendar months, the average allowance price on the European carbon market is more than threewo times the average price of allowances during the two preceding years five months period centred by the mon the European carbon market, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC. 2. If the price evolution referred to in paragraph 1 does not corresp two years prior to that month, 150 million allowances shall be automatically released from the market stability reserve established by Decision (EU) 2015/1814 and shall be auctioned according to Article 10 of this Directive during the second, to changing market fundamentals, one of hird and fourth monthes following measures may be adopted, taking into accountthe month in which that criteria was met. The respective auctioning amounts for each of the degthree of price evolution: (a)a measure which allows Member States to bring forward the auctioning of a part of the quantity to be auctioned; (b)a measure which allows Member States to auction up to 25 % of the remaining allowances in the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). months shall be evenly distributed. If the amount of the allowances contained in the reserve is less than 150 million, all allowances in the reserve shall be released." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1642503235409)
Amendment 16 #
2021/0201(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EU) 2018/841 as regards the scope, simplifying the compliance rules, setting out the targets of the Member States for 2030 and committing to the collective achievement of climate neutrality by 2035 in the land use, forestry and agriculture sector, and (EU) 2018/1999 as regards improvement in monitoring, reporting, tracking of progress and review (Text with EEA relevance)
Amendment 32 #
2021/0201(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to contribute to the increased ambition to reduce greenhouse gas net emissions from at least 40 % to at least 55 % below 1990 levels, bindingcative annual targets for net greenhouse gas removals should be set outoutlined for each Member State in the land use, land use change and forestry sector in the period from 2026 to 2030 (in analogy to the annual emission allocations set out in Regulation (EU) 2018/842 of the European Parliament and of the Council32 ), resulting in an updated target of 310 millions of tonnest CO2 equivalent of net removals for the Union as a whole in 2030. The methodology used to establish the national targets for 2030 should take into account the average greenhouse gas emissions and removals from the years 2016, 2017 and 2018, reported by each Member State, and reflect the current mitigation performance of the land use, land use change and forestry sector, and each Member State’s share of the managed land area in the Union, taking into account the capacity of that Member State to improve its performance in the sector via land management practices or changes in land use that benefit the climate and biodiversity. __________________ 32Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
Amendment 35 #
2021/0201(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The bindingcative annual targets for net greenhouse gas removals should be determined for each Member State by a linear trajectory. The trajectory should start in 2022, on the average of greenhouse gas emissions reported by that Member State during 2021, 2022 and 2023 and end in 2030 on the target set out for that Member State. For Member States that improve their methodology of calculating the emissions and removals, a concept of technical correction should be introduced. A technical correction should be added to the target of that Member State corresponding to the effect of the change in methodology on the targets and the efforts of the Member State to achieve them, in order to respect environmental integrity.
Amendment 44 #
2021/0201(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The land sector has the potential to become rapidly climate-neutral by 2035 in a cost-effective manner, and subsequently generate more greenhouse gas removals than emissions. A collective commitment aiming to achieve climate-neutrality in the land sector in 2035 at EU level can provide the needed planning certainty to drive land- based mitigation action in the short term, considering that it can take many years for such action to deliver the desired mitigation outcomes. Moreover, the land sector is projected to become the largest sector in the EU greenhouse gas flux profile in 2050. It is therefore particularly important to anchor that sector to a trajectory that can effectively deliver net zero greenhouse gas emissions by 2050. By mid-2024, the Member States should submit their updated integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council34 . The plans should include relevant measures by which each Member State best contributes to the collective target of climate neutrality in the land sector at EU level in 2035. On the basis of these plans, the Commission should propose indicative national targets, ensuring that the Union- wide greenhouse gas emissions and removals in the land use, land use change and forestry sector and the emissions from the agriculture non-CO2 sectors are at least balanced by 2035. Contrary to the EU level target of climate neutrality for the land sector by 2035, such national targets will be binding and enforceable on each Member State. __________________ 34Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p.1).
Amendment 77 #
2021/0201(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Considering the specificities of the land use, land use change and forestry sector in each Member State, as well as the fact that Member States need to increase their performance to achieve their national bindingcative targets, a range of flexibilities should remain at the disposal of the Member States, including trading surpluses and the extension of forest-specific flexibilities, while respecting the environmental integrity of the targets.
Amendment 85 #
2021/0201(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) With the setting of bindingcative national annual targets for greenhouse gas removals based on the reported greenhouse gas emissions and removals from 2026 onwards, the rules for target compliance should be set out. The principles laid down in Regulation (EU) 2018/842 should apply mutatis mutandis, with a penalty for non- compliance calculated in the following way: 108% of the gap between the assigned target and the net removals reported in the given year will be added to the greenhouse gas emission figure reported in the subsequent year by the Member State.
Amendment 109 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/841
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) commitments of Member States to take the necessary measures aiming towards the collective achievement of climate-neutrality in the Union by 2035 in the land use, land use change and forestry sector including emissions by the non-CO2 agriculture.’;
Amendment 132 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 143 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
The Commission shall adopt implementing acts setting out the indicative annual targets based on the linear trajectory for net greenhouse gas removals for each Member State, for each year in the period from 2026 to 2029 in terms of tonnes CO2 equivalent. These indicative national trajectories shall be based on the average greenhouse gas inventory data for the years 2021, 2022 and 2023, reported by each Member State. The value of the 310 million tonnes CO2 equivalent net removals as a sum of the targets for Member States set out in Annex IIa may be subject to a technical correction due to a change of methodology by Member States. The method for determination of the technical correction to be added to the indicative targets of the Member States, shall be set out in these implementing acts. For the purpose of those implementing acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by Member States pursuant to Article 26(4) of Regulation (EU) 2018/1999.
Amendment 153 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 211 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point c
Article 13 b – paragraph 3 – subparagraph 1 – point c
(c) the difference in the Union between the annual sum of all greenhouse gas emissions and removals on its territory and in all of the land reporting categories referred to in Article 2(2), points (a) to (j), and the Union target [of 310 million tonnes CO2 equivalent of net removals] is negative, in the period from 2026 to 2030.
Amendment 233 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/841
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Following the report, the Commission shall make legislative proposals where it deems it appropriate. In particular, the proposals shall set out annual targets and governance aiming towards the 2035 climate- neutrality target as laid down in Article 4(4), additional Union policies and measures, and a post- 2035 framework, including in the scope of the Regulation greenhouse gas emissions and removals from additional sectors, such as the marine and freshwater environment.;
Amendment 238 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
the Member State’s commitments and national targets for net greenhouse gas removals pursuant to Article 4(1) and (2) of Regulation (EU) 2018/841 and its contributions aim towards reaching the Union objective of reducing greenhouse gas emissions to net zero by 2035 and achieving negative emissions thereafter pursuant to Article 4(4) of that Regulation;;
Amendment 239 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EU) 2018/1999
Annex V
Annex V
Amendment 243 #
2021/0201(COD)
Proposal for a regulation
Annex III
Annex III
Regulation (EU) 2018/1999
Annex V – part 3
Annex V – part 3
Amendment 60 #
2021/0197(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to achieve a reduction in net greenhouse gas emissions of at least 55 % by 2030 compared to 1990, it is necessary to strengthen the reduction requirements set out in Regulation (EU) 2019/631 of the European Parliament and of the Council25 for both passenger cars and light commercial vehicles. A clear pathway also needs to be set for further reductions beyond 2030 to contribute to achieving the climate neutrality objective by 2050. Without ambitious action on greenhouse gas emission reductions in road transport, higher emission reductions would be needed in other sectors, including sectors where decarbonisation is more challenging. However, taking into account the economic and social importance of road transport, those measures will need to ensure that the competitiveness of the industry is maintained and that the transition is performed in a socially acceptable manner __________________ 25Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).
Amendment 77 #
2021/0197(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The principle of technological neutrality is fundamental to ensure there is a plurality of solutions, to preserve innovation and development, including in disruptive technologies, and to allow market flexibility and a diverse range of social behaviours. It is thus important not to limit road transport to a single technology but rather encourage innovation and complementarities between efficient alternative technologies, such as the combined use of hybrid vehicles and low-carbon fuels. Furthermore, a ‘one size fits all’ approach at European level would be compromised by the wide economic, social, geographical and infrastructural diversity within and between Member States, whereas a mix of complementary technologies allows each region to implement the solutions it deems most appropriate to reduce its emissions.
Amendment 87 #
2021/0197(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Against that background, new strengthened CO2 emission reduction targets should be set for both new passenger cars and new light commercial vehicles for the period 2030 onwards. Those targets should be set at a level that willrespects the principle of technological neutrality while delivering a strong signal to accelerate the uptake of zero-emission vehicles on the Union market and to stimulate innovation in zero-emission technologies in a cost- efficient way, while the different starting points of Member States, including differences in purchasing power of citizens should also be taken into account.
Amendment 98 #
2021/0197(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The targets in the revised CO2 performance standards should be accompanied by a European strategy to address the challenges posed by the specificities of each Member State, including the differences in purchasing power of citizens, the scale- up of the manufacturing of zero-emission and low emission vehicles and associated technologies, as well as the need for up- and re-skilling of workers in the sector and the economic diversification and reconversion of activities. Where appropriate, fFinancial support should be consideredstepped up at the level of the EU and Member States to mitigate the imbalance in purchasing power and to crowd in private investment, including via the European Social Fund Plus, the Just Transition Fund, the Innovation Fund, the Recovery and Resilience Facility, the Automotive Sector Support Fund and other instruments of the Multiannual Financial Framework and the Next Generation EU, in line with State aid rules. The revised environmental and energy state aid rules will enable Member States to support business to decarbonize their production processes and adopt greener technologies in the context of the New Industrial Strategy.
Amendment 106 #
2021/0197(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) A structural effect of the transition to zero-emission vehicles will be significant job losses in the automotive sector, from manufacturers and their suppliers to ancillary maintenance and repair services. In order to manage the social consequences of the transition, a specific fund to support the sector should be established to help with the requalification, training and retraining of automotive workers, particularly for small and medium-sized enterprises in the sector. This fund should be financed by the general budget of the Union.
Amendment 128 #
2021/0197(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The rollout of sufficient charging and refuelling infrastructure for alternative fuels is an essential prerequisite for the development of the market for zero- and low-emission vehicles and, therefore, for the success of this Regulation; thus, any increase in this regulation’s emission-reduction targets, including on interim objectives, should go hand-in-hand with an increase in rollout targets set as part of the revision of the Directive on the deployment of alternative fuels infrastructure; in this connection, it is vital that investment in its deployment should be continued and increased. The Member States should be provided with sufficient support and help to achieve this objective due to their significant investment needs in a decade in which their tax losses and transfers of tax revenues towards alternative fuels will increase. In this context, it is important to underline that the issue of refuelling is intrinsically linked to the very autonomy of vehicles, that, the more the latter increases, the less frequent refuelling will need to be – and that the Commission should therefore take account of technological developments, in particular with regard to the autonomy of batteries, which affect the deployment of infrastructure.
Amendment 159 #
2021/0197(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The progress made under Regulation (EU) 2019/631 towards achieving the reduction objectives set for 2030 and beyond should be reviewed in 20268. For this review, all aspects considered in the two yearly reporting should be considered.
Amendment 165 #
2021/0197(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 207 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5a – introductory part
Article 1 – paragraph 5a – introductory part
5a. From 1 January 203540, the following EU fleet-wide targets shall apply:
Amendment 212 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5a – point a
Article 1 – paragraph 5a – point a
(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 100 95% reduction of the target in 2021 determined in accordance with Part A, point 6.1.3, of Annex I; in order to maintain a residual proportion of low-emission plug-in hybrids on the market
Amendment 263 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2019/631
Article 8 a (new)
Article 8 a (new)
Amendment 66 #
2021/0114(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure a level playing field throughout the internal market and consistency in the application of this Regulation, the Commission should be the sole authority competent to apply this Regulation. The Commission should have the power to examine any foreign subsidy to the extent it is in the scope of this Regulation in any sector of the economy on its own initiative or at the request of the competent national authorities, and relying on information from all available sources. To ensure effective control, in the specific case of large concentrations (mergers and acquisitions) and public procurement procedures above certain thresholds, the Commission should have the power to review foreign subsidies based on a prior notification by the undertaking to the Commission.
Amendment 109 #
2021/0114(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Commission should be given adequate investigative powers to gather all necessary information. It should therefore have the power to request information from any undertaking or association of undertakings throughout the whole procedure. However, the obligation to provide information to the Commission should in no way jeopardize the essential national security interests of the Member States. In addition, the Commission should have the power to impose fines and periodic penalty payments for failure to timely supply the requested information or for supplying incomplete, incorrect or misleading information. The Commission could also address questions to Member States or to third countries. Furthermore, the Commission should have the power to make fact-finding visits at the Union premises of the undertaking, or, subject to agreement by the undertaking and the third country concerned, at the premises of the undertaking in the third country. The Commission should also have the power to take decisions on the basis of facts available if the undertaking in question does not cooperate.
Amendment 291 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) inform the undertaking concerned and the competent authorities of the Member State in which it has its registered office; and
Amendment 299 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Where the Commission, after a preliminary assessment, concludes that there are no sufficient grounds to initiate the in-depth investigation, either because there is no foreign subsidy or because there are no indications of an actual or potential distortion on the internal market, it shall close the preliminary review and inform the undertaking concerned and the competent national authorities.
Amendment 328 #
2021/0114(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
(4 a) However, the obligation to provide information to the Commission should in no way jeopardize the essential national security interests of the Member States.
Amendment 418 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
Amendment 429 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) When submitting a tender or a request to participate in a public procurement procedure, undertakings shall either notify to the contracting authority or the contracting entity all foreign financial contributions received in the three years, the total amount of which exceeds EUR 5 million, preceding that notification or confirm in a declaration that they did not receive any foreign financial contributions equalling to such amount in the last three years. Undertakings which do not submit such information or declaration shall not be awarded the contract.
Amendment 439 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributions under this paragraph shall extend to economic operators, and groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. This obligation shall also extend to those main subcontractors and main suppliers that are known at the time of tendering. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 30% of the estimated value of the contract.
Amendment 454 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
(2) The Commission shall carry out a preliminary review no later than 630 days after it received the notification.
Amendment 457 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 2090 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entity.
Amendment 465 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
(4 a) The Commission may request appropriate information from Member State authorities, if this is necessary under the procedures set out in paragraphs (2)- (4) of this article.
Amendment 471 #
2021/0114(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
(1) During the preliminary review and the in-depth investigation, the evaluation of tenders in a public procurement procedure may continue. The contract shall not be awarded to an undertaking subject to the preliminary investigation before the expiry of the time limit set in Article 29(2).
Amendment 474 #
2021/0114(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
(3) The contract may be awarded to an undertaking submitting a declaration under Article 28 before the Commission takes any of the decisions referred to in Article 30 or before the time limit laid down in Article 29(2) or (4) elapses only if the tender evaluation has established that the undertaking in question has in any case submitted the most economically advantageous tender.
Amendment 1 #
2020/2133(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the Treaty on European Union (TEU), in particular Articles 9 and 10, 15(3)3, 14, 15,16 and 17(3) thereof,
Amendment 2 #
2020/2133(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the special report 13/2019 of the European Court of Auditors on the ethical frameworks of the audited EU institutions
Amendment 5 #
2020/2133(INI)
Motion for a resolution
Citation 13
Citation 13
— having regard to the recommendations of Transparency Intthe Organisation for Economic Co-Opernational and Development (OECD), the Council of Europe’´s Group of States against Corruption (GRECO), and the Organisation for Economic Co-operation and Development (OECD)various NGO´s,
Amendment 7 #
2020/2133(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the TEU stipulates that ‘the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies and agencies’; whereas this implies that public decisions are taken in the interest of the common good and notthat conflicts of interests - which occur, according to the definancial power of individual actors; ition of the OECD "when an individual or a corporation (either private or governmental) is in a position to exploit his or their own profession or official capacity in some way for personal or corporate benefit" - should be avoided in the legislative process and whereas any definition of conflict of interest has a contextual and evolving nature and full transparency does not necessarily guarantee the absence of any conflict of interest, nor does it guarantee that public trust will be won or decreased;
Amendment 10 #
2020/2133(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Treaties have established a system of division of powers between the institutions of the Union that assigns to each institution its own role within the institutional structure of the Union and in the performance of the tasks entrusted to it;
Amendment 15 #
2020/2133(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the European Court of Auditors has stated in its special report 13/2019 1a on the ethical framework of the EU that Parliament, Council and Commission "have to a large extent adequate ethical frameworks in place for both staff and Members". _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/SR19_13/SR_ethical_frameworks _EN.pdf
Amendment 18 #
2020/2133(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas nevertheless the enforcement of the ethical framework could be improved;
Amendment 22 #
2020/2133(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the shortcomings of the current EU ethics framework derive largely from the fact that it relies on a self-regulatory approach and lacks adequate human and financial resources and competences to verify informany further evolution of the EU ethics framework must have a clear legal basis while respecting the separation of powers as laid down in the Treationes;
Amendment 24 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
Amendment 27 #
2020/2133(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, as a consequence, multiple cases of unethical conduct and their inadequate handling by the EU institutions have harmed every incidence of unethical behaviour can endanger the trust which European citizens place in the EU institutions;
Amendment 32 #
2020/2133(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the current ethics standards frameworks appearse to be highly fragmented, with different rules in different institutions, creating a complex system which is difficult for both EU citizens and for those who have to respect the rules to understandailored according to the specificities of each European institutions;
Amendment 35 #
2020/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the balance of powers assigned to the institutions is a fundamental guarantee afforded by the Treaty to European citizens;
Amendment 36 #
2020/2133(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the Meroni doctrine developed by the Court of Justice of the European Union (CJEU) allows for the delegation of EU institutions’ competences to external bodies; under strict conditions; whereas according to the court any delegation of competences must be limited and can only relate to clearly defined executive powers, the use of which must be entirely subject to the supervision of the high authority and cannot concern discretionary powers involving any political judgement in order not to jeopardise the balance of powers between the institutions;
Amendment 39 #
2020/2133(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas, following the preceding considerations, the legal margin for overarching rules applied to individual institutions with a common application is very narrow;
Amendment 40 #
2020/2133(INI)
Motion for a resolution
Recital G
Recital G
Amendment 43 #
2020/2133(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Underlines that all EU institutions have to meet the highest standards of independence and impartiality while stressing each institution´s right of organisational sovereignty;
Amendment 44 #
2020/2133(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Recalls that Members of Parliament´s freedom of the mandate is in the interest of the citizens they represent;
Amendment 45 #
2020/2133(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Amendment 46 #
2020/2133(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
G d. Points out that all staff in the institutions is covered by the EU staff regulations of officials of the European Union (EUSR) and conditions of employment of other servants of the European Union (CEOS);
Amendment 47 #
2020/2133(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
G e. Recalls that the Treaty on European Union and the Treaty on the Functioning of the European Union set out a European governance framework based on the separation of powers, laying down distinct rights and obligations for each institution;
Amendment 48 #
2020/2133(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
G f. Points out that based on the principle of conferral, institutions cannot delegate by means of an interinstitutional agreement, powers which they themselves do not have, for instance where such powers are conferred by the Treaties on the Court of Auditors or have remained with the Member States;
Amendment 49 #
2020/2133(INI)
Motion for a resolution
Recital G g (new)
Recital G g (new)
G g. Recalls furthermore that one of Parliament´s primary functions as laid down in the Treaty on European Union is to exercise political control;
Amendment 50 #
2020/2133(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 57 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Principles Considers that any option under discussion for improving transparency and integrity in the EU institutions must be respectful of the following principles: - the principle of sound financial management, ensuring the efficient and effective management of Union ressources - the principles of conferral and separation of powers - the freedom to choose an occupation and the right to engage in work as stipulated by article 15 of the Charter of Fundamental rights of the European Union - rule of law and fundamental European principles such as the presumption of innocence, the right to be heard, the principles of legality and proportionality - Freedom of the mandate of Members of European Parliament
Amendment 58 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Further stresses that any option under discussion requires a solid legal base for the constitution and for any competences to be assigned;
Amendment 59 #
2020/2133(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Insists that any option under discussion requires a clear definition of the mandate, composition and competences none of which must duplicate or interfere with the work of OLAF, the European Ombudsman, the European Court of Auditors or the European Court of Justice;
Amendment 60 #
Amendment 61 #
2020/2133(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Underlines that the principle of separation of powers is the foundation pillar of modern democracy; considers it imperative for the legislative to control the executive, as any reversal of the roles and powers of the legislative and executive would otherwise endanger the independence of the free mandate of elected Members of Parliament;
Amendment 62 #
2020/2133(INI)
Motion for a resolution
Subheading 1 b (new)
Subheading 1 b (new)
Stresses that any option under discussion for improving transparency and integrity in the EU institutions can neither, based on primary law, issue any decision on whether a criminal offense has been committed, nor impose any sanctions, nor impose any administrative measures intended to avoid or clean up accidental or negligent non-compliance with the rules;
Amendment 63 #
2020/2133(INI)
Motion for a resolution
Subheading 1 c (new)
Subheading 1 c (new)
Highlights that any option under discussion for improving transparency and integrity in the EU institutions which is to regulate the grey area in between can only have an advisory function for the institutions concerned;
Amendment 64 #
2020/2133(INI)
Motion for a resolution
Subheading 1 d (new)
Subheading 1 d (new)
Insists that any decisions on measures to be taken or sanctions to be imposed can only be taken by the competent bodies of the institutions themselves;
Amendment 65 #
2020/2133(INI)
Motion for a resolution
Subheading 1 e (new)
Subheading 1 e (new)
Recalls that distinction must be made between a conflict of interest arising during or after the exercise of a function and the importance to distinguish between the two and recalls furthermore to distinguish between acts that authorised if declared and acts that are not authorised at all.
Amendment 66 #
2020/2133(INI)
Motion for a resolution
Subheading 1 f (new)
Subheading 1 f (new)
Suggests that each institution concludes agreements on exchange of information with the Member States respecting the framework of the separation of powers;
Amendment 70 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Considers that the new EU Ethics Body should be delegated a list of competences to implement ethics rules for Members and staff; takes the view that this list should include by way of a minimum the competences provided for in:any options under discussion for improving transparency and integrity in the EU institutions should only have advisory competences for the members of the institutions;
Amendment 72 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
Amendment 73 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
Amendment 76 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
Amendment 79 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
Amendment 82 #
2020/2133(INI)
Motion for a resolution
Paragraph 2 – indent 5
Paragraph 2 – indent 5
Amendment 87 #
2020/2133(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 94 #
2020/2133(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the IIAany cooperation agreement between the institutions should be open to the participation of allother EU institutions and bodies; believes that the IIA should allow the Ethics Body to conclude agreements with national authorities with a view to ensuring the exchange of information necessary for the performance of its task in order to agree on common measures which can be implemented in respect of the division of powers;
Amendment 100 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 101 #
2020/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the participating institutions should entrust the EU Ethics Body with monitoring powers over ethics standards, as well as advisory, investigative and enforcement powersany options under discussion for improving transparency and integrity in the EU institutions has to be respectful of the balance between the institutions as established by the treaties, underlines that it must not replace, substitute or interfere with the responsibilities and prerogatives of each institution and points out that given these considerations, the decision-making powers must remain within the respective institutions, hence only a body with advisory function able to issue non- binding recommendations is conceivable;
Amendment 109 #
2020/2133(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 120 #
2020/2133(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 126 #
2020/2133(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 130 #
2020/2133(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that requesting tax documents and bank records are interventions in private law, for which there must be serious allegations that enter in competence of OLAF;
Amendment 134 #
2020/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that in relation to its enforcement powers, the body could take over from the Appointing Authority in dealing with staff ethics obligations, and that in relation to Members of Parliament or Commissioners, the body couldannot be granted enforcement powers within the limits of the provisionssince this transferral of powers would countained in the Treaties, and without prejudice to any additional mechanisms provided for in Parliament’s Rules of Procedure, in particular concerner the separation of powers laid down ing termination of officehe Treaties;
Amendment 142 #
2020/2133(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that thesuch an EU Ethics Body should be entrusted with advisory tasks in order to provideto improve the enforcement of existing provisions in the EU institutions in order to provide reliable and trustworthy advice to any individual possibly covered by its scope who wishes to request interpretation of an ethical standard in relation to appropriate conduct in a specific case;
Amendment 150 #
2020/2133(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. BelievUnderlines that the decision on the absence of conflicts of interest of designated Commissioners-designate should remain a competence of Parliament’s Committee on Legal Affair remains a political and institutional competence of the European Parliament and its bodies, while thesuch an EU Ethics Body shcould support the process with the publication of itsits non-binding analysis of each individual case and make its investigative capacities available;
Amendment 153 #
Amendment 154 #
2020/2133(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Recalls that the competent bodies in the institutions are regulated by law and that the composition of the competent body in the European Parliament could be made up of MEPs and former MEPs, such an EU Ethics Body may be composed of Members or former Members of the institutions;
Amendment 155 #
2020/2133(INI)
Motion for a resolution
Subheading 3 b (new)
Subheading 3 b (new)
Amendment 164 #
2020/2133(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that its members must be independent, chosen on the basis of their competence, experience and professional qualities, as well as their personal integrity, have an impeccable record of ethical behaviour and provide a declaration of the absence of conflicts of interest; is of the opinion that the composition of the body should be gender-balanced; underlines that all member shall be independent in the performance of their duties;
Amendment 176 #
2020/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. InsistsRecommend that the college be supported by a secretariat with the human, material and financial resources commensurate with its mandate and tasks in accordance with the principles of sound financial budget management;
Amendment 181 #
Amendment 182 #
2020/2133(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Proposes a two-stepn approach whereby, in the event that thesuch an EU Ethics Body becomes aware of a breachdeals with a breach of conduct or possible breach of ethics rules, it first recommends actions to put an end to the breach; considers that ithis first preventive step should ensure confidentiality and the right of the person to be heard; suggests that in the event that the individual concerned refuses to take the appropriate actions, the EU Ethics Body should make relevant information about the case publicly available and decide, if appropriate, on sanctions; considers that this two-step approach should apply provided that there are no reasonable grounds to believe that the individual acted in bad faith and recommends that intentional breach, gross negligence, the concealment of evidence and non- compliance with the obligation to cooperate should be, as such, subject to sanctions, even when the breach itself has ceaseto be heard;
Amendment 192 #
Amendment 193 #
2020/2133(INI)
Motion for a resolution
Subheading 5 a (new)
Subheading 5 a (new)
Amendment 194 #
2020/2133(INI)
Motion for a resolution
Subheading 5 b (new)
Subheading 5 b (new)
Insists that the procedures laid down in the Treaties must be applied, such as the transfer of investigations by the European Court of Auditors to OLAF and to the European Court of Justice;
Amendment 197 #
2020/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that the EU Ethics Body should publish an annual report containing both information about the fulfilment of its tasks and, where appropriate, recommendations for improving ethics standardsto be presented to the European Parliament;
Amendment 204 #
2020/2133(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Insists that the decisions of thean EU Ethics Body should bcannot issue legally binding, reviewable before the CJEU and subject to possible complaints to the EU Ombudsma decisions, since no institution can delegate decision- making authority to another institution;