34 Amendments of Christian EHLER related to 2023/0081(COD)
Amendment 157 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 216 #
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 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. The RePowerEU plan sets forthermore an objective of boosting sustainable biomethane production to 35 bcm by 2030. With its supply chain largely based in Europe today, biomethane already makes a contribution to Europe's resilience which should be further promoted. _________________ 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 265 #
Proposal for a regulation
Recital 29
Recital 29
(29) For the purposes of setting up schemes benefitting households, businesses or consumers which incentivise the purchase of net-zero technology final products, and without prejudice to the Union’s international commitments, the supply should be deemed insufficiently diversified where a single source outside the European Economic Area supplies more than 65% of the total demand within the Union for a specific net- zero technology within the Union. To ensure a consistent application, the Commission should publish a yearly list starting on the date of application of this Regulation, of the distribution of the origin of net zero technology final products which fall under this category, broken down by the share of Union supply originating in different sources in the last year for which data is available.
Amendment 270 #
Proposal for a regulation
Recital 31
Recital 31
(31) The application of the provisions on resilience in public procurement procedures set out in Article 19 should be without prejudice to the application of Article 25 of Directive 2014/24/EU of the European Parliament and of the Council47 , and Articles 43 and 85 of Directive 2014/25/EU of the European Parliament and of the Council48 , as according with the Commission’s guidance of 201949 . The same way, public procurement provisions should continue to apply to works, supplies and services subject to Article 19, including article 67 (4) of Directive 2014/24/EU and any implementing measures resulting from the Proposal for a Regulation establishing a framework for setting ecodesign requirements for sustainable products and the Regulation of the European Parliament and of the Council concerning batteries and waste batteries. _________________ 47 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 48 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 49 Communication from the Commission: Guidance on the participation of third country bidders and goods in the EU procurement market, Brussels, 24.7.2019, C(2019) 5494 final.
Amendment 273 #
Proposal for a regulation
Recital 32
Recital 32
(32) The weighting of criteria on the sustainability and resilience contribution of the tender in relation to public procurement procedures is without prejudice to the possibility for ca minimum threshold. Within this minimum threshold, the contracting authorities and contracting entities may freely differentiate the weighting of the individual criteria, without ignoring one completely. Contracting authorities and contracting entities tomay always set a higher threshold for the criteria relating to environmental sustainability and innovation, in line with Article 41 (3) and Recital 64 of Directive 2014/23/EU of the European Parliament and of the Council50 , Article 67 (5) of Directive 2014/24/EU and Article 82 (5) of Directive 2014/25/EU. _________________ 50 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1)one or several relevant criteria on the sustainability and resilience contribution. Given the importance of increasing the resilience of the Union’s energy system, the contracting authorities and contracting entities should pay significant attention to the resilience contribution.
Amendment 281 #
Proposal for a regulation
Recital 35
Recital 35
(35) Households, businesses and final consumers are an essential part of the Union’s demand for net-zero technologies final products and public support schemes to incentivize the purchase of such product by households, in particular for vulnerable low- and lower middle-class income households and consumers, are important tools to accelerate the green transition. Under the solar rooftop initiative announced in the EU solar strategy52 , Member States should for instance set-up national programmes to support the massive deployment of rooftop solar energy. In the REPowerEU plan, the Commission called Member States to make full use of supporting measures which encourage switching to heat pumps. Such support schemes set up nationally by Member States or locally by local or regional authorities should also contribute to improving the sustainability and resilience of the EU net-zero technologies. Public authorities should for instance provide higher financial compensation to beneficiaries for the purchase of net-zero technology final products that will make a higher contribution to resilience in the Union. Public authorities should ensure that their schemes are open, transparent and non-discriminatory, so that they contribute to increase demand for net-zero technology products in the Union. Public authorities should also limit the additional financial compensation for such products so as not to slow down the deployment of the net-zero technologies in the Union. To increase the efficiency of such schemes Member States should ensure that information is easily accessible both for consumers and for net-zero technology manufacturers on a free website. The use by public authorities of the sustainability and resilience contribution in schemes targeted at consumers or households should be without prejudice to State aid rules and to WTO rules on Subsidies. _________________ 52 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions : EU Solar Energy Strategy, COM(2022) 221 final, 18.05.2022.
Amendment 285 #
Proposal for a regulation
Recital 36
Recital 36
(36) When designing schemes benefitting households, businesses or consumers which incentivise the purchase of net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, should ensure the respect of the Union’s international commitments, including by ensuring that schemes do not reach a magnitude that causes serious prejudice to the interest of WTO members.
Amendment 287 #
Proposal for a regulation
Recital 37
Recital 37
(37) The Commission should also assist Member States in the design of schemes targeted at households and consumers to build synergies and exchange best practices. The Net-Zero Europe Platform should also play an important role in accelerating the implementation of the sustainability and resilience contribution by Member States and public authorities in their public procurement and auctioning practices. It should issue guidance and identify best practices on how to define the contribuis important that both the contracting authorities or contracting entities and the producing companies have a clear understanding of each of the sustainability and resilience criteria. Therefore, the Commission should, in close collaboration with the Net-Zero Europe Platform adopt an implementing act specifying the criteria to assess the resilience and sustainability contribution, with a particular attention for small and medium-sized enterprises, who should have a fair chance to participate in the substantial market for public procurement. Coherence with all existing legislation will be key. Furthermore, this implementing act should clarify the derogations and use it, providing concrete and specific examples provided in Article 19 (4). Besides, the Commission should, in close collaboration with the Net-Zero Europe Platform, issue guidance on how to link the sustainability and resilience criteria with upcoming legislation. This guidance can further provide concrete and specific examples and best practices. In order to be coherent with all future legislation, the Commission should update this guidance at least every 6 months.
Amendment 311 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) With the increase of EU ETS prices, revenues from the EU ETS for Member States have increased substantially. To promote the decarbonisation of Union industry, Member States should significantly increase their allocation of national revenues stemming from the EU ETS to support the decarbonisation of industry and should therefore allocate at least 25% of their national revenues stemming from the Emission Trading System to support the objectives of this Act.
Amendment 347 #
Proposal for a regulation
Recital 50
Recital 50
(50) At the same time, the unpredictability, complexity and at times, excessive length of national permit- granting processes undermines the investment security needed for the effective development of net-zero technologies manufacturing projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedures. In addition, Net-Zero Strategic Projects should be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them, without preventing competent authorities to streamline permitting for other net-zero technologies manufacturing projects that are not Net- Zero Strategic Projects or more generally. Furthermore, Member States should consider policy innovation in this field, for example by experimenting with shifting the weight from ex-ante permitting to controling ex-post compliance.
Amendment 402 #
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) At Union level, a European Advisory Board on Review and Regulatory Burden, should be established. The European Advisory Board on Review and Regulatory Burden (EABRRB) advises the European Parliament, the European Commission and Member States on how to minimise the regulatory burden on businesses, citizens and professionals. In doing so, EABRRB wants to contribute to a society in which legislation achieves its goals while people are hindered as little as possible by rules. The EABRRB advises on all proposed legislation that affect the regulatory burden. It does so at the earliest possible stage of the legislative process. the EABRRB also has the power to advise on draft regulations before final decision- making in the Council, Parliament or Commission. Furthermore, the EABRRB can contribute to reducing the regulatory burden with advice on existing legislation, at the request of the executive power, the co-legislators and from society and business community.
Amendment 421 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zero technologies in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neuclimate neutrality objectives, as defined by Regulation (EU) 2021/1119, foster the Union’s industriality target, as defined by Regulation (EU) 2021/1119, competitiveness, which will contribute to the creation of quality jobs and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies neein ordedr to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobsachieve the decarbonisation of our economy and society.
Amendment 537 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) ‘precommercial innovative net- zero technologies’ are innovative net-zero technologies that are not commercially available but are advanced enough to be tested in a controlled environment.
Amendment 538 #
Proposal for a regulation
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb) ‘commercial innovative net-zero technologies’ are innovative net-zero technologies which are not yet available on a large-scale commercial basis, which have a low market share, which improve on the dominant comparable technologies in at least one way and which carry a clear degree of risk when included in a procurement
Amendment 539 #
Proposal for a regulation
Article 3 – paragraph 1 – point c c (new)
Article 3 – paragraph 1 – point c c (new)
(cc) 'pre-commercial procurement' means the procurement of precommercial innovative net-zero technologies involving risk-benefit sharing under market conditions, and competitive development in phases, where there is a clear separation between the development activities of the procured products and the deployment of commercial volumes of the end-products;
Amendment 540 #
Proposal for a regulation
Article 3 – paragraph 1 – point c d (new)
Article 3 – paragraph 1 – point c d (new)
(cd) 'public procurement of innovative solutions' means procurement where contracting authorities act as a launch customer for commercial innovative net- zero technologies, and may include conformity testing;
Amendment 541 #
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 modifying an existing facility in order to integrate a net-zero technology in the existing manufacturing process leading to lower carbon emissions for this process.
Amendment 931 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Where the principle of administrative tacit approval does not exist in the national legal system and in case of an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directive 2000/60/EC, Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, 2011/92/EU or Directive 2012/18/EU or a determination of whether such environmental impact assessment is necessary, the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article shall result in effective, proportionate and dissuasive penalties. The revenue of the penalty shall be allocated to the project affected by the delay and shall correspond to the missed economic value as a result of the delay.
Amendment 1079 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Amendment 1178 #
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The tender’s sustainability and resilience contribution shall be based on the following cumulative criteria which shall be objective, transparent and non- discriminatory:
Amendment 1184 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) environmental sustainability going beyondfulfilling at least the minimum requirements in applicable national or Union legislation;
Amendment 1198 #
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
Amendment 1213 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. The tender’s resilience contribution shall be based on the following cumulative criteria which shall be objective, transparent and non- discriminatory: (a) where applicable, the tender’s contribution to the energy security of the Union; (b) the tender’s contribution to the resilience of the Union, taking into account the diversification of supplies by considering the proportion of the products originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council1a. The supply shall be deemed insufficiently diversified where a single source supplied outside the European Economic Area, in the last year for which data is available, more than 65% of the total demand within the European Union for a specific net-zero technology or the components primarily used for the production of these technologies. _________________ 1a Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 1222 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilience contribution a weight between 15% and 30of at least 15% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b)taking into account cumulatively all relevant sustainability and resilience criteria.
Amendment 1236 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. TBy derogation from paragraph 3, the contracting authority or the contracting entity shall not be obliged to apply the considerations relating to themay decide to lower the weight of the tender’s sustainability and resilience contribution of net-zero technologies where their application would clearly oblige that authority or entity to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 10%, compared to a tender without the sustainability and resilience contribution, may be presumed by contracting authorities and contracting entities to be disproportionate. This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award and exclusion criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.
Amendment 1275 #
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article20a Pre-commercial procurement and public procurement of innovative commercial solutions 1. Member States shall seek to use pre- commercial procurements for pre- commercial innovative net-zero technologies and public procurements of commercial innovative net-zero technologies within the framework of the implementation of their National Energy and Climate Plans. Both PCP and PPIs may be topped up with EU-level funding within the framework of existing Union Programmes for joint PCPs or PPIs across Member States. 2. NECPs, NECP-updates and NECP progress reports shall detail the timing of the PCPs and PPIs and their objectives (or the reports on progress towards NZIA recital targets). The Net-Zero Europe Platform shall prepare recommendations on the design of PCP or PPI.
Amendment 1282 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Articles 107 and 108 of the Treaty and Article 4 of Directive 2018/200173 and in line with the Union’s international commitments, when deciding to set up schemes benefitting households, businesses or consumers which incentivise the purchase of net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a high sustainability and resilience contribution as referred in Article 19(2), by providing additional proportionate financial compensation. _________________ 73 Directive 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
Amendment 1299 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where relevant, the Commission shall provide guidance onBy [12 months after the date of entry into force of this Regulation], the Commission shall adopt an implementing act specifying the criteria to assess the resilience and sustainability contribution of available products covered by the forms of public intervention covered under articles 19, 20 and 21, in coherence with similar provisions in other existing legislation, and establishing the criteria for a derogation as provided for in article 19, paragraph 4. In this implementing act, the Commission shall take the specific context of small and medium-sized enterprises into consideration.
Amendment 1303 #
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. In case of conflict between the different award and sustainability criteria set under other Union law, the Commission shall provide guidance on how those provisions coexist or if necessary which criteria prevails. The Commission shall update this guidance every 6 months.
Amendment 1436 #
Proposal for a regulation
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5a. Every three months, the Commission will provide the Platform as well as the Net- Zero Industry Expert Group and the European Advisory Board on Review and Regulatory Burden with a report on the implementation of the Competitiveness Check. The report will outline which legislative proposals were made in the three months covered by the report, how the Competitiveness Check was applied in the preparation of those proposals, and which changes were made to the proposals in order to ensure they would not unnecessarily harm the Union's competitiveness. At least twice per year, and based on input from the Net- Zero Industry Expert Group, the Platform shall discuss the implementation of the Competitiveness Check.
Amendment 1438 #
Proposal for a regulation
Article 28 – paragraph 5 b (new)
Article 28 – paragraph 5 b (new)
5b. Net-Zero Europe Platform shall regularly coordinate with the High-Level Forum on Standardisation to discuss the use of standardisation to support the development of net-zero technologies in Europe
Amendment 1461 #
Proposal for a regulation
Article 29 – paragraph 7 a (new)
Article 29 – paragraph 7 a (new)
7a. The Platform shall establish a Net- Zero Industry Expert Group. The Net- Zero Industry Expert Group will be composed of representatives of industrial sectors within the scope of this Regulation. At least one third of the members of the Expert Group will come from SMEs or represent SMEs. The Net- Zero Industry Expert Group will provide recommendations to the Platform, either on its own initiative or when requested by the Platform. The Net-Zero Industry Expert Group shall facilitate interaction between the Platform and consultative or advisory bodies set up in the framework of the Union’s industrial policy.
Amendment 1477 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Amendment 1479 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall take into considerationdetail the measures they will introduce to implement the objectives of this Regulation when preparing their national energy and climate plans and their updates, submitted pursuant to Articles 3, 9, and 14 of Regulation (EU) 2018/1999, in particular as regards the dimension “research, innovation and competitiveness” of the Energy Union, and in the submission of their biennial progress reports in accordance with Article 17 of that Regulation.