45 Amendments of Hannes SWOBODA related to 2008/0016(COD)
Amendment 135 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) In the meantime a more comprehensive evaluation of the sustainability of biofuel production has shown that a 10% target may be too high to be achieved by 2020. Therefore on the basis of knowledge and experience 7% would seem to be more appropriate.
Amendment 149 #
Proposal for a directive
Recital 8
Recital 8
(8) In the light of the positions taken by the Commission, the Council and the European Parliament and the recent serious discussions on this issue, it is appropriate to establish mandatory targets for an overall 20% share of renewable energy and a 107% share of renewable energy in transport in the European Union's consumption in 2020.
Amendment 158 #
Proposal for a directive
Recital 10
Recital 10
(10) By contrast, it is appropriate for the 107% target for renewable energy in transport to be set at the same level for each Member State in order to ensure consistency in transport fuel specifications and availability. Because transport fuels are traded easily, Member States with low endowments of the relevant resources will easily be able to obtain renewable transport fuels from elsewhere. While it would technically be possible for the Community to meet its biofuel target solely from domestic production, it is both likely and desirable that the target will in fact be met through a combination of domestic production and imports. To this end, the Commission should monitor the supply of the Community market for biofuels, and should, as appropriate, propose relevant measures to achieve a balanced approach between domestic production and imports, taking into account the development of multilateral and bilateral trade negotiations as well as environmental, cost, energy security and other considerations.
Amendment 300 #
Proposal for a directive
Recital 48
Recital 48
(48) In order to permit the achievement of a 107% share of biofuels, it is necessary to ensure the placing on the market of higher blends of biodiesel in diesel than those envisaged by standard EN590/2004.
Amendment 310 #
Proposal for a directive
Recital 52
Recital 52
(52) When designing their support systems, Member States may encourage the use of biofuels which give additional benefits – including the benefits of diversification offered by biofuels made from wastes, residues, non-food cellulosic material, and ligno-cellulosic material, algae, as well as non irrigated plants grown in arid areas to fight desertification – by taking due account of the different costs of producing energy from traditional biofuels on the one hand and of these biofuels which give additional benefits on the other hand. Member States may encourage investment in the development of renewable energy technologies that need time to become competitive.
Amendment 319 #
Proposal for a directive
Recital 57
Recital 57
(57) Since the general objectives of achieving a 20% share of renewable energies in the Community’s overall energy consumption and a 107% share of biofuels in each Member State’s transport petrol and diesel consumption by 2020 cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 353 #
Proposal for a directive
Article 2 – point b
Article 2 – point b
(b) “biomass” means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste, of non fossil origin;
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 408 #
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 107% of final consumption of energy in transport in that Member State.
Amendment 427 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
In addition, the national action plans shall indicate the contributions to the use of energy from renewable resources by the different sectors of the economy. In particular, the contributions of the different modes of transportation shall be clearly documented.
Amendment 429 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 b (new)
Article 4 – paragraph 1 – subparagraph 2 b (new)
The national action plans shall have a special emphasis on efforts in research and development concerning energy from renewable sources and energy saving.
Amendment 438 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall notify their national action plans to the Commission by 31 March 2010 at the latest║. The national action plans and an evaluation thereof by the Commission shall be sent to the European Parliament and to the Council.
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 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 649 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Any financial support for construction, reconstruction and refurbishment of infrastructure, public and industrial buildings or housing should be linked to the promotion of energy saving and/or the use of energy from renewable sources.
Amendment 849 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
Amendment 855 #
Proposal for a directive
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
5b. If a country has not ratified the treaties listed in paragraph 5 a (a) but the national authorities or the economic operator provides the Commission with reliable information giving evidence that, in that country, the standards of environment protection are equivalent to those contained in those treaties, the Commission may decide, in accordance with the procedure referred to in Article 21 (2), that biofuels and other bioliquids produced in that country can be taken into account for the purposes referred to in paragraph 1.
Amendment 856 #
Proposal for a directive
Article 15 – paragraph 5 c (new)
Article 15 – paragraph 5 c (new)
5c. The Commission shall report every two years to the European Parliament and the council on the impact on social sustainability in the Community and in third countries of increased demand for biofuel, and on the impact of EU biofuel policy on the availability of foodstuffs in exporting countries, the ability of people in developing countries to afford the foodstuffs, and wider development issues. The first report shall be submitted in 2012. The report shall address the respect of land use rights. The report shall state, for each country that is a significant source of raw material for biofuel consumed in the EU, whether the country has ratified each of the following Conventions of the International Labour Organisation: i) Convention concerning Minimum Age for Admission to Employment (No 138) ii) Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (no 182) iii) Convention concerning the Abolition of Forced Labour (No 105) iv) Convention concerning Forced or Compulsory Labour (No 29) v) Convention concerning Equal Remuneration of Men and Women Workers for Work of Equal Value (No 100) vi) Convention concerning Discrimination in Respect of Employment and Occupation (No 111) vii) Convention concerning Freedom of Association and Protection of the Right to Organise (No 87) viii) Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (No 98) The Commission shall report on the implementation of these Conventions according to its information.
Amendment 961 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. For the purposes of demonstrating compliance with national renewable energy obligations placed on operators, the contribution made by biofuels produced from wastes, residues, non-food cellulosic material, and ligno-cellulosic material, algae, as well as non irrigated plants grown in arid areas to fight desertification shall be considered to be twice that made by other biofuels.
Amendment 977 #
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) how, where applicable, Member States have structured their support schemes to take into account renewable energy applications that give additional benefits in relation to other, comparable applications, but may also have higher costs, including biofuels made from wastes, residues, non- food cellulosic material, and ligno- cellulosic material; algae, as well as non irrigated plants grown in arid areas to fight desertification;
Amendment 985 #
Proposal for a directive
Article 19 – paragraph 1 – point i
Article 19 – paragraph 1 – point i
(i) the development and share of biofuels made from wastes, residues, non-food cellulosic material, and ligno-cellulosic material, algae, as well as non irrigated plants grown in arid areas to fight desertification;