53 Amendments of Paul RÜBIG related to 2008/0016(COD)
Amendment 192 #
Proposal for a directive
Recital 16
Recital 16
(16) Heat pumps using geothermal resources from the ground or water, and heat pumps using ambient heat from the air to transfer the thermal energy to a useful temperature level, need electricity to function. Heat pumps using ambient heat from the air often require the use of significant amounts of conventional energy. Therefore, only useful thermal energy coming from heat pumps using ambient heat from the air that meet the minimum requirements of the coefficient of performance established in Commission Decision 2007/742/EC, in accordance with Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme,aerothermal, geothermal or hydrothermal energy as heat source should be taken into account for the purpose of measuring compliance with the targets established by this Directive.
Amendment 287 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) The Commission and the Member States shall ensure that Member States take provisions to safeguard the global competitiveness of the energy-intensive industry mitigating the renewable surcharges on their energy costs.
Amendment 323 #
Proposal for a directive
Recital 57 a (new)
Recital 57 a (new)
(57a) The unilateral transposition of environmental protection measures, such as the water framework directive, may jeopardise overriding environmental and energy objectives, including climate protection. For this reason legislative programmes, particularly in the environmental field, should take account of the consequences for the use of renewable energy and as far as possible avoid conflicts of interest.
Amendment 332 #
Proposal for a directive
Article 2 – point a
Article 2 – point a
(a) “energy from renewable sources” means renewable non-fossil energy sources: wind, solar, geothermal, wave, tidal, hydropowerdistrict heating, aerothermal, wave, tidal, hydro (thermal and hydropower), sewage sludge, biomass, landfill gas, sewage treatment plant gas and biogases;
Amendment 341 #
Proposal for a directive
Article 2 – point a – subparagraph 1 a (new)
Article 2 – point a – subparagraph 1 a (new)
This definition may be adapted to technical progress by the Commission acting in accordance with the regulatory procedure with scrutiny referred to in Article 21(3);
Amendment 357 #
Proposal for a directive
Article 2 – point d
Article 2 – point d
(d) “district heating or cooling” means the distribution of thermal energy, of which at least 50 % is derived from waste heat, combined heat and power or renewable sources, in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings, for the use of space or process heating or coolingone or more consumers;
Amendment 375 #
Proposal for a directive
Article 2 – point h a (new)
Article 2 – point h a (new)
(ha) “transfer certificate” means a specially labelled electronic document serving as proof of the generation of a specified amount of energy from renewable sources and the attainment of Member States’ targets;
Amendment 381 #
Proposal for a directive
Article 2 – point i a (new)
Article 2 – point i a (new)
(ia) “transport subsectors” means rail, road and inland waterway transport.
Amendment 402 #
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
3. Each Member State shall ensure that the share of energy from renewable sources in transport in 2020 is at least 10% of final consumption of energy in transport in that Member State. In the case of electric power for rail operation that is delivered by the power generator or supplier, the same target shall apply for the share of renewable energy as for the share of renewable energy in the energy consumption of road transport. Each Member State shall indicate, for the subsectors of the transport industry, what share each of the subsectors shall contribute to attainment of the overall target and what shall be the target share of energy from renewable sources in the final energy consumption of each of the subsectors up to the year 2020.
Amendment 409 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. In its legislative proposals, particularly in the environmental sphere, the Commission shall take account of their impact on the use of renewable energy and avoid conflicts of interest.
Amendment 421 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
The national action plans shall set out Member States’ targets for the shares of energy from renewable sources in the various modes of transport, in electricity and in heating and cooling in 2020, and adequate measures to be taken to achieve these targets, including national policies to develop existing biomass resources and, mobilise new biomass resources for different uses, and the measures to be taken to fulfil the requirements of Articles 12 to 17. and promote their use in electricity and heating and cooling and * in the various modes of transport, taking account of competition with use for non- energy purposes (particularly food production and recycling), and the measures to be taken to fulfil the requirements of Articles 12 to 17. Each measure shall be shown together with its costs. [* Translator’s note: The words in non- bold italics appear in the German, but not in the English version of COM(2008)19.]
Amendment 443 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 – point c
Article 5 – paragraph 1 – subparagraph 1 – point c
(c) final energy from renewable sources consumed inby the various modes of transport.
Amendment 459 #
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
4. For the purposes of paragraph 1(a), final consumption of electricity from renewable sources shall be calculated as the quantity of electricity produced in a Member State from renewable energy sources, excluding the production of electricity byin pumped storage units usingfrom water that has previously been pumped uphill, adjusted in accordance with Article 10.
Amendment 466 #
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
Thermal energy generated by heat pumps using geaerothermal energy from the ground or water, geothermal and hydrothermal energy shall be taken into account for the purposes of paragraph 1(b). Thermal energy generated by heat pumps using ambient heat from the air shall be taken into account for the purposes of paragraph 1(b), provided that the energy efficiency of such heat pumps meets the minimum requirements of eco-labelling laid down pursuant to Regulation (EC) No 1980/2000, where applicable, in particular the minimum coefficient of performance established in Decision 2007/742/EC, and reviewed in accordance with that Regulation provided that the primary energy input is less than the final energy output. For the calculation of renewable energy produced by heat pumps, only the share taken from the environment (aerothermal, geothermal and hydrothermal energy) shall be counted.
Amendment 478 #
Proposal for a directive
Article 5 – paragraph 9 – point b
Article 5 – paragraph 9 – point b
(b) the electricity is produced by an installation that became operational after the date of entry into force of this Directive1 January 2005; and
Amendment 479 #
Proposal for a directive
Article 5 – paragraph 9 – point c
Article 5 – paragraph 9 – point c
(c) the electricity ishas been issued with a guarantee of origin and a transfer certificate that forms part of a system of guarantee of origin equivalent to that laid down by this Directive and the transfer certificates have been transferred to and cancelled on the register of certificates of the Member State to whose target the electricity is to be allocated.
Amendment 494 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producerand a transfer certificate are issued in respect of the share of renewable energy from these installations. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of originFor installations producing electricity from renewable sources which is not fed into a distribution or transmission network, a guarantee of origin and a transfer certificate shall be issued only in respect of eachonse to a request from the producer. For installations with a capacity of less than 5 MWth of energy producheating or cooling from renewable sources, the Member States shall decide whether guarantees of origin or transfer certificates are to be issued.
Amendment 499 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Guarantees of origin and transfer certificates shall be issued, transferred and cancelled electronically. They shall be accurate, reliable and fraud- resistant. A guarantee of origin and the transfer certificate shall specify, at least: (a) the energy source from which the energy was produced and the starting and ending dates of its production (b) whether the guarantee of origin relates to (i) electricity; or (ii) heating and/or cooling (c) the identity, location, type and capacity of the installation where the energy was produced, and the date of the installation’s becoming operational (d) the date and country of issue and a unique identification number (e) the amount and type of any investment aid that has been given for the installationir intended use: (i) in the case of transfer certificates, as an assessment of the fulfilment by the Member State of the requirements of this directive regarding the national targets; (ii) in the case of guarantees of origin, as evidence of renewable energy by energy producers, suppliers or consumers.
Amendment 503 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Where an installation which became operational after 1 January 2005 has received investment aid necessary for the technical operation of the installation, a note to this effect shall appear on all the installation’s guarantees of origin and transfer certificates.
Amendment 505 #
Proposal for a directive
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. Guarantees of origin and transfer certificates may be separately traded and may be cancelled simultaneously or at different times. Rules to this effect shall be enacted by the Member States.
Amendment 507 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall recognise guarantees of origin and transfer certificates issued by other Member States in accordance with this Directive. Any refusal by a Member State to recognise a guarantee of origin or transfer certificate shall be based on objective, transparent and non- discriminatory criteria. In the event of refusal to recognise a guarantee of origin or transfer certificate, the Commission may adopt a Decision requiring the Member State in question to recognise it.
Amendment 510 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that all guarantees of origin and transfer certificates to be issued in respect of renewable energy generated in a given calendar year are issued, at the latest, three months after the end of that year.
Amendment 524 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 527 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. To prevent duplication of the issue of guarantees, they may only be issued in the guarantee register of the country in which the installation is located. In the case of installations located on the territory of more than one Member State, the Member States in question must ensure that there is no duplication of the issue of guarantees.
Amendment 528 #
Proposal for a directive
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. Each operator shall have an account in the guarantee register. Operators with installations in more than one Member State shall have an account in each of the relevant national registers. Each register shall also contain an account in the name of the Member State in question. Energy suppliers and consumers may apply to open an account. Every operator of an installation producing renewable energy shall have the right to inspect the guarantees issued in respect of his installation in the guarantee register. This will enable operators to prove that the energy produced in their installations derives from renewable sources.
Amendment 529 #
Proposal for a directive
Article 7 – paragraph 1 c and d (new)
Article 7 – paragraph 1 c and d (new)
1c. Immediately after the issuing of a guarantee, the relevant guarantees of origin shall be credited to the account in the national guarantee register of the operator in whose installations the energy was produced. 1d. Immediately after the issuing of a guarantee, the relevant transfer certificates shall be credited to the account of the Member State in question in the national guarantee register.
Amendment 533 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The national register of guarantees of origin shall record the guarantees of origin or transfer certificates held by each person. A guarantee of origin or transfer certificate shall only be held in one register at one time.
Amendment 534 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The Commission shall appoint a central administrator linking the individual guarantee registers via interfaces. Guarantees shall be transferred via this central administrator (a) between Member States, (b) between persons in different Member States, and (c) between a Member State and persons in another Member State. The central administrator shall draw up an annual report on transfers between the individual guarantee registers.
Amendment 535 #
Proposal for a directive
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. With a view to the implementation of this directive the Commission shall issue a regulation on a standardised and secure system for the registration of guarantees in the form of standardised electronic data banks with common data items to track the issuing, possession, transfer and cancellation of guarantees of origin and transfer certificates, to guarantee public access and appropriate confidentiality and to ensure that no transfers take place which are incompatible with the requirements of this directive. The regulation shall be issued in accordance with the procedure set out in Article 21(3).
Amendment 536 #
Proposal for a directive
Article 7 – paragraph 3 c (new)
Article 7 – paragraph 3 c (new)
3c. Persons or Member States may transfer and submit for cancellation guarantees of origin or transfer certificates in their possession in accordance with the provisions of this directive.
Amendment 559 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 561 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Where a transfer accounting certificate is cancelled, the energy to which it refers shall be included in the assessment of the attainment of the requirements of this Directive concerning national targets, pursuant to Article 10, paragraph b.
Amendment 565 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Guarantees of origin shall nomust be submitted to a competent body for cancellation morenot later than 1two years after their date of issue.
Amendment 569 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Where a guarantee of origin is cancelled in the case of electricity, the proof of the share of renewable energy in the overall energy mix shall thereby be deemed to have been provided in accordance with Article 3, paragraph 6(a) of Directive 2003/54/EC.
Amendment 570 #
Proposal for a directive
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. A guarantee of origin can only be cancelled once. A cancelled guarantee of origin may no longer be transferred.
Amendment 578 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States whose share of energy from renewable sources equalled or exceeded the indicative trajectory in Part B of Annex I in the immediately preceding two-year period may request the competent bodies designated in accordance with Article 7 to transfer the guarantees of origin submitted for cancellation under Article 8(1) to another Member State. Such guarantees of origiransfer accounting certificates to the guarantee register to another Member State. Such transfer accounting certification shall immediately be cancelled by the competent body in the receiving Member State.
Amendment 589 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States may provide for a system of prior authorisation for the transfer of guarantees of origin to or from persons in other Member States if, in the absence of such a system, the transfer of guarantees of origin to or from the Member State concerned is likely to impair their ability to ensure a secure and balanced energy supply or is likely to undermine the achievement of the environmental objectives underlying their support scheme. Member States may provide for a system of prior authorisation for the transfer of guarantees of origin to persons in other Member States if in the absence of such a system, the transfer of guarantees of origin is likely to impair their ability to comply with Article 3(1) or to ensure that the share of energy from renewable sources equals or exceeds the indicative trajectory in Part B of Annex I. The system of prior authorisation shall not constitute a means of arbitrary discriminationalso transfer transfer accounting certifications to persons, providing they are issued in respect of energy produced from installations which became operational after 1 January 2005. The assignation of these transfer accounting certificates to persons shall occur through a transparent and discrimination-free procurement procedure.
Amendment 592 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Subject to the provisions adopted pursuant toBy way of derogation from the provisions of Article 7, paragraph 24, guarantees of origin may be transferred between persons in different Member States provided they have been issued in relation to energy produced from renewable sources by installations that became operational after the date of entry into force of this Directive. Such transfer may accompany the transfer of the energy to which the guaranMember States may before the entry into operation of an installation producing energy from renewable sources, agree with other Member States or the future operators of this installation that the transfer accounting certificates of this installation shall be transferred immediately after the issue of the guarantee to the Member Statee ofr origin relates, or may be separate from any such transferperator. Such agreements may be limited in time.
Amendment 596 #
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Subject toBy way of derogation from the provisions adopted pursuant to paragraph 2, guarantees of origin may be transferred between persons in different Member States provided they have been issued in relation to energy produced from renewable sources by installations that became operational after the date of entry into force of this Directivewithout restriction provided they (a) are not used to meet the national targets of this Directive or (b) come from installations which do not and have not received any aid and became operational after 1 January 2005.
Amendment 608 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 611 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
5. By 31 December 2014 at the latest, depending on data availability, the Commission shall assess the implementation of the provisions of this Directive for the transfer of guarantees of origintransfer certificates between Member States and the costs and benefits of this. It shall, if appropriate, submit proposals to the European Parliament and to the Council.
Amendment 618 #
Proposal for a directive
Article 10
Article 10
Amendment 621 #
Proposal for a directive
Article 11
Article 11
For the purpose of Article 5(9), Article 6(2), Article 8(2) and Article 9(2) and (3) units of renewable energy imputable to an increase in the capacity or regulatory capability of an installation shall be treated as if they were produced by a separate installation becoming operational at the moment at which the increase of capacity or regulatory capability occurred.
Amendment 716 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall develop certification schemes for installers of small-scale biomass boilers and stoves, solar photovoltaic and solar thermal systems and heat pumps as well as for installers of horizontal or vertical heat collectors (i.e. drilling and construction companies). Those schemes shall be based on the criteria laid down in Annex IV. Each Member State shall recognise certification awarded by other Member States in accordance with these criteria.
Amendment 720 #
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 1 a (new)
Article 13 – paragraph 3 – subparagraph 1 a (new)
By (1 year after entry into force of the directive), on the basis of information received from Member States and in consultation with the relevant sectors, the minimum requirements and the conditions for mutual recognition shall be established in accordance with the procedure referred to in Article 21 (3) in respect of training programmes and certification for both the companies and the relevant personnel involved in installation, maintenance or servicing of small-scale biomass boilers and stoves, solar photovoltaic and solar thermal systems, heat pumps and horizontal and vertical heat collectors, taking due account of existing certification schemes already applicable to those products and equipment.
Amendment 722 #
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 1 b (new)
Article 13 – paragraph 3 – subparagraph 1 b (new)
By (2 years after entry into force of the Directive) Member States shall establish or adapt their own training and certification requirements, on the basis of the minimum requirements referred to in paragraph 3.1. Member States shall notify the Commission of their certification programmes. Member States shall give recognition to the certificates issued in another Member State and shall not restrict the freedom to provide services or the freedom of establishment for reasons relating to the certification issued in another Member State.
Amendment 767 #
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall require transmission system operators and distribution system operators to provide any new producer wishing to be connected to the system with a comprehensive and detailed estimate of the costs associated with the connection. Member States may allow producers of electricity from renewable energy sources wishing to be connected to the grid to issue a call for tender for the connection work. Tenders shall be drawn up on the basis of the existing technical rules.
Amendment 771 #
Proposal for a directive
Article 14 – paragraph 8
Article 14 – paragraph 8
8. Member States shall ensure that fees charged by transmission system operators and distribution system operators for the transmission and distribution of electricity from plants using renewable energy sources reflect realisable cost benefithe costs resulting from the plant's connection to the network. Such cost benefits could arise from the direct use of the low-voltage grid.
Amendment 1035 #
Proposal for a directive
Annex II – new part to be added at the end of the annex
Annex II – new part to be added at the end of the annex
If the run-off statistics are known, the electricity generated can be calculated with the aid of the run-off coefficients for the last 15 years using the following formulae: QE = Hm * Vm * g * ρ * η * time where QE’ = electricity generated Hm = average drop Vm = average throughflow g = gravity constant ρ = density η = efficiency For small hydropower smaller surveys shall be carried out. In this case the annual report on actual annual electricity generated shall suffice. The additional electricity generated shall be calculated by means of a percentage increase in the variables concerned.
Amendment 1042 #
Proposal for a directive
Annex IV – paragraph 1
Annex IV – paragraph 1
1. The certification process shall be transparent and clearly defined by the Member State or the administrative body they appointa certification body to be appointed and accredited by the Member States (according to EN ISO 17024).
Amendment 1045 #
Proposal for a directive
Annex IV – paragraph 2
Annex IV – paragraph 2
2. Biomass, heat pump and, solar photovoltaic and solar thermal installers shall be certified by an accredited training programme or training provideras well as installers of horizontal or vertical heat collectors (i.e. drilling and construction companies) shall be certified by an accredited certification body.
Amendment 1052 #
Proposal for a directive
Annex IV – paragraph 3
Annex IV – paragraph 3
3. The accreditationquality assurance of the training programme or provider shall be done by Member States or administrthe certificativeon bodies they appoint. The accrediting. These bodyies shall ensure that the training programme offered by the training provider has continuity and regional or national coverage. The training provider shall have adequate technical facilities to provide practical training, including some laboratory equipment or corresponding facilities to provide practical training. The training provider shall also offer in addition to the basic training, shorter refresher courses on topical issues, including on new technologies, to enable life-long learning in installations. The training provider may be the manufacturer of the equipment or system, institutes or associations.
Amendment 1061 #
Proposal for a directive
Annex IV – paragraph 9
Annex IV – paragraph 9
9. The training course shall end with an examination leading toand a certificate. The examination shall include a practical assessment ofion process (according to EN ISO 17024). The examination shall include the testing of practical skills. Part of the certification requirements shall be the proof of the successfully installingation of biomass boilers or stoves, heat pump systems, solar photovoltaic or solar thermal installations. by the installer.