Activities of Jerzy BUZEK
Plenary speeches (25)
The European Green Deal (debate)
Sustainable investment plan, just transition fund and Roadmap on Social Europe (debate)
Establishing Horizon Europe – laying down its rules for participation and dissemination - Specific Programme implementing Horizon Europe – the Framework Programme for Research and Innovation - European Institute of Innovation and Technology - Strategic Innovation Agenda of the European Institute of Innovation and Technology (debate)
A European strategy for energy system integration – A European strategy for hydrogen (debate)
Just Transition Fund (debate)
Revised industrial strategy for Europe (debate)
European Climate Law (continuation of debate)
A European strategy for offshore renewable energy (debate)
The Power of the EU – Joint European Action for more affordable, secure and sustainable energy (debate)
Trans-European energy infrastructure (debate)
Gas storage (C9-0126/2022 - Cristian-Silviu Buşoi) (vote)
Question Time (Commission) Europe’s Energy Autonomy: The strategic importance of renewables and energy interconnections and efficiency
The REPowerEU Plan: European solidarity and energy security in face of Russia's invasion of Ukraine, including the recent cuts of gas supply to Poland and Bulgaria (debate)
Revision of the EU Emissions Trading System - Social Climate Fund - Carbon border adjustment mechanism - Revision of the EU Emissions Trading System for aviation - Notification under the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (joint debate – Fit for 55 (part 1))
Gas storage (debate)
Objection pursuant to Rule 111(3): Amending the Taxonomy Climate Delegated Act and the Taxonomy Disclosures Delegated Act (debate)
Renewable Energy Directive (debate)
A truly interconnected Energy Single Market to keep bills down and companies competitive (topical debate)
Renewable Energy, Energy Performance of Buildings and Energy Efficiency Directives: amendments (REPowerEU) (continuation of debate)
Revision of the EU Emissions Trading System - Monitoring, reporting and verification of greenhouse gas emissions from maritime transport - Carbon border adjustment mechanism - Social Climate Fund - Revision of the EU Emissions Trading System for aviation (debate)
Energy storage (debate)
Methane emissions reduction in the energy sector (debate)
Industrial Emissions Directive - Industrial Emissions Portal - Deployment of alternative fuels infrastructure - Sustainable maritime fuels (FuelEU Maritime Initiative) - Energy efficiency (recast) (joint debate - Fit for 55 and Industrial Emissions)
Framework for ensuring a secure and sustainable supply of critical raw materials (debate)
State of the Energy Union (debate)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the internal markets for renewable and natural gases and for hydrogen (recast)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on common rules for the internal markets in renewable and natural gases and in hydrogen (recast)
Opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Just Transition Fund
Institutional motions (45)
MOTION FOR A RESOLUTION on the situation in Belarus
JOINT MOTION FOR A RESOLUTION on the situation in Belarus
JOINT MOTION FOR A RESOLUTION on the continuous violations of human rights in Belarus, in particular the murder of Raman Bandarenka
MOTION FOR A RESOLUTION on Russia, the case of Alexei Navalny, the military build-up on Ukraine’s border and the Russian attack in the Czech Republic
JOINT MOTION FOR A RESOLUTION on Russia, the case of Alexei Navalny, the military build-up on Ukraine’s border and Russian attacks in the Czech Republic
MOTION FOR A RESOLUTION on The listing of German NGOs as 'undesirable organisations' by Russia and the detention of Andrei Pivovarov
MOTION FOR A RESOLUTION on the systematic repression in Belarus and its consequences for European security following abductions from an EU civilian plane intercepted by the Belarusian authorities
JOINT MOTION FOR A RESOLUTION on the listing of German NGOs as ‘undesirable organisations’ by Russia and the detention of Andrei Pivovarov
JOINT MOTION FOR A RESOLUTION on the systematic repression in Belarus and its consequences for European security following the abductions from an EU civilian plane intercepted by Belarusian authorities
MOTION FOR A RESOLUTION on the situation in Belarus after one year of protests and their violent repression
JOINT MOTION FOR A RESOLUTION on the situation in Belarus after one year of protests and their violent repression
MOTION FOR A RESOLUTION on continuous crackdown on civil society and human rights defenders in Russia: the case of human rights organisation Memorial
MOTION FOR A RESOLUTION on the situation at the Ukrainian border and in Russian-occupied territories of Ukraine
JOINT MOTION FOR A RESOLUTION on the continuous crackdown on civil society and human rights defenders in Russia: the case of human rights organisation Memorial
JOINT MOTION FOR A RESOLUTION on the situation at the Ukrainian border and in Russian-occupied territories of Ukraine
MOTION FOR A RESOLUTION on the situation in Kazakhstan
JOINT MOTION FOR A RESOLUTION on the situation in Kazakhstan
on the Russian aggression against Ukraine
MOTION FOR A RESOLUTION on the conclusions of the European Council meeting of 24-25 March 2022, including the latest developments of the war against Ukraine and the EU sanctions against Russia and their implementation
JOINT MOTION FOR A RESOLUTION on the conclusions of the European Council meeting of 24-25 March 2022, including the latest developments of the war against Ukraine and the EU sanctions against Russia and their implementation
MOTION FOR A RESOLUTION on the State of play on the EU-Moldova cooperation
the State of play on the EU-Moldova cooperation
MOTION FOR A RESOLUTION on the fight against impunity for war crimes in Ukraine
MOTION FOR A RESOLUTION on the prosecution of opposition and detention of trade union leaders in Belarus
JOINT MOTION FOR A RESOLUTION on the fight against impunity for war crimes in Ukraine
JOINT MOTION FOR A RESOLUTION on the prosecution of the opposition and the detention of trade union leaders in Belarus
MOTION FOR A RESOLUTION on the candidate status of Ukraine, the Republic of Moldova and Georgia
JOINT MOTION FOR A RESOLUTION on the candidate status of Ukraine, the Republic of Moldova and Georgia
MOTION FOR A RESOLUTION on human rights violations in the context of forced deportation of Ukrainian civilians to and forced adoption of Ukrainian children in Russia
JOINT MOTION FOR A RESOLUTION on human rights violations in the context of the forced deportation of Ukrainian civilians to and the forced adoption of Ukrainian children in Russia
MOTION FOR A RESOLUTION on Russia’s escalation of its war of aggression against Ukraine
JOINT MOTION FOR A RESOLUTION on Russia’s escalation of its war of aggression against Ukraine
MOTION FOR A RESOLUTION on recognising the Russian Federation as a state sponsor of terrorism
JOINT MOTION FOR A RESOLUTION on recognising the Russian Federation as a state sponsor of terrorism
MOTION FOR A RESOLUTION on 90 years after the Holodomor: recognising the mass killing through starvation as genocide
JOINT MOTION FOR A RESOLUTION on 90 years after the Holodomor: recognising the mass killing through starvation as genocide
DRAFT MOTION FOR A RESOLUTION on the establishment of a tribunal on the crime of aggression against Ukraine
JOINT MOTION FOR A RESOLUTION on the establishment of a tribunal on the crime of aggression against Ukraine
MOTION FOR A RESOLUTION on the preparation of the EU-Ukraine Summit
JOINT MOTION FOR A RESOLUTION on the preparation of the EU-Ukraine Summit
MOTION FOR A RESOLUTION on one year of Russia’s invasion and war of aggression against Ukraine
on one year of Russia’s invasion and war of aggression against Ukraine
JOINT MOTION FOR A RESOLUTION on one year of Russia’s invasion and war of aggression against Ukraine
MOTION FOR A RESOLUTION on the sustainable reconstruction and integration of Ukraine into the Euro-Atlantic community
JOINT MOTION FOR A RESOLUTION on the sustainable reconstruction and integration of Ukraine into the Euro-Atlantic community
Oral questions (2)
An EU Commissioner for Animal Welfare
An EU Commissioner for Animal Welfare
Written questions (13)
Development of a unified EU brain health strategy
Support for self-employed people
Resumption of logging activities on the Puszcza Białowiska site
Increase in the Modernisation Fund by 0.5 % of the total quantity of allowances in accordance with Article 10a(5b) of Directive (EU) 2018/410 amending Directive 2003/87/EC
Compliance of the drafted evaluation criteria for awarding offshore wind location licences in Poland with EU energy and State aid law
EU support for energy infrastructure and networks indispensable for making Europe independent from Russian gas
Forced deportations of Ukrainian citizens
Gazprom cuts off the gas supply to Poland and Bulgaria
Compliance of the evaluation criteria for awarding offshore wind location licences in Poland with EU State aid and energy laws
Possibility of excluding coking coal and coke oven production from Regulation COM(2022) 473 final, and exemption from payment of the temporary solidarity levy
A stable supply chain for the steel industry in the European Union
EU type-approval of the Smart Kid Belt
The Data Act – complementary legislation for the European automotive sector
Amendments (1219)
Amendment 14 #
2023/2123(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the European electrolyser manufacturing industry has set an objective of installing at least 25GW of manufacturing capacity by 2025 in order to fulfil the 10 million tonnes of domestic production of renewable hydrogen in the EU by 2030, representing around 120 GW of installed capacity in Europe;
Amendment 19 #
2023/2123(INI)
Motion for a resolution
Recital E
Recital E
E. whereas fuel cells and electrolysers require chemicals, technology-intensive components and several critical raw materials, in particular platinum-group metals, the main producers of which are either not located in the EU or whose production in the EU has been curtailed due to uncompetitive operating conditions;
Amendment 24 #
2023/2123(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a market for renewable and low-carbon hydrogen remains to be built and will require appropriate customer protection and significant investments in order to achieve climate and carbon neutrality targets to be incentivised in all hard-to-abate sectors;
Amendment 31 #
2023/2123(INI)
Motion for a resolution
Subheading -1
Subheading -1
Clarifying the role of the Hydrogen Bank as an “Umbrella-scheme”
Amendment 32 #
2023/2123(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication on the European Hydrogen Bank (EHB); notes that the name ‘European Hydrogen Bank’ can be misleading, as this is not a bank but an initiative aiming to coordinate activities and financing to support renewable and low-carbon hydrogen projects; considers that the EHB should bear clear responsibility for the implementation of the recommendations included in this resolution under an efficient and streamlined “umbrella-scheme”;
Amendment 35 #
2023/2123(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Encourages the Commission to provide more funding support and visibility to that initiative, as it will represent an important milestone for kick- starting the European hydrogen market;
Amendment 37 #
2023/2123(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the European Hydrogen Bank can act complementarily to the Net-Zero Industry Act, serving the increased demand for EU-produced hydrogen and the installed production of electrolysers;
Amendment 67 #
2023/2123(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the EHB should support, and act as an “umbrella-scheme” for, the whole supply chain of hydrogen across the Union;
Amendment 68 #
2023/2123(INI)
Motion for a resolution
Subheading 1
Subheading 1
Financial support for the domestic production of renewable and low-carbon hydrogen
Amendment 70 #
2023/2123(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s decision to launch a first price-based pilot auction to support renewable hydrogen; takes note of the budget of EUR 800 million for supporting the production of renewable hydrogen over 10 years;
Amendment 74 #
2023/2123(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Asks the Commission to not only consider price, but also to explore the inclusion of a clear system of bonus points for the ranking of bids; notes that such a system should reward bids that deliver the highest level of sustainability or lead to significant job creation and promote high-quality traineeships and the reskilling or upskilling of workers within the EU;
Amendment 75 #
2023/2123(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that the EHB should support the production of hydrogen based on renewable electricity; notes that where not sufficient renewable electricity (i.e. additional renewable electricity) is available, as a transition period and up to a certain point, low-carbon electricity should be allowed to be used for the production of hydrogen supported via the EHB;
Amendment 78 #
2023/2123(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Asks the Commission to consider complementary mechanisms for off-takers such as grants, contracts for difference and carbon contracts for difference; endorses also the Commission’s proposal to support producers with a fixed premium as it is a simple and transparent way to remunerate projects;
Amendment 81 #
2023/2123(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to revisit its proposed terms for cumulation of State aid as most hydrogen projects within the EU, which could sustainably deliver on relevant quantities, risk to be automatically excluded from the first EHB call;
Amendment 83 #
2023/2123(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates the importance of geographical and sectoral balance to enable the production and use of renewable and low-carbon hydrogen across the EU; calls on the Commission to develop sectoral and regional auctions, providing the opportunity for all Member States to develop their hydrogen economy despite varying access to renewables, preferably close to projects under the Net-Zero Industry Act and in “net-zero valleys”;
Amendment 90 #
2023/2123(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the design of future auctions should prioritise, but not restrict, the sale of renewable and low-carbon hydrogen to hard-to-abate industries and heavy transport, considering in particular sectors subject to a renewable hydrogen mandate under the Renewable Energy Directive alongside heavy transport and the maritime sector;
Amendment 94 #
2023/2123(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for clarity and coherence about the time of commissioning of projects, as it has to be sufficient and provide certainty that the equipment and infrastructure for the projects can be procured on time; stresses, therefore, that a maximum time of 5 years for the realisation of the projects has to be considered;
Amendment 97 #
2023/2123(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Asks the Commission to facilitate the access of SMEs in the bidding process, e.g. via a lower capacity minimum, the possibility of pooling and the submission of bids ahead of permits to ensure financial security;
Amendment 106 #
2023/2123(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises the urgent need to scale up the production of electrolysers in the EU; proposes differentiating between operating and capital expenditurealong with other hydrogen technologies in the EU; considers that potential support for capital expenditure on low-carbon hydrogen should onprimarily be directed towards investments that can contribute to the production of renewable hydrogen and the transition to climate neutrality at a later stage, in particular the purchase of electrolysers, and should not cover operating expenditure on low-carbon hydrogen;
Amendment 109 #
2023/2123(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Supports the Commission’s approach to further consult stakeholders on other elements, such as the use of bids or completion bonds (covering potentially the amount of 7.5% of the total support volume), making the tool more efficient to project developers and stakeholders;
Amendment 116 #
2023/2123(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Commission’s idea of launching the concept of ‘auctions as a service’; considers that this could lower the administrative costs for the Member States; stresses that the administrative burdens in the application process should be reduced, as far as possible, so that the award processes can also be handled by SMEs;
Amendment 125 #
2023/2123(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for an evaluation of the EU Energy Platform and the joint purchases of gas established by the Council under Article 122 TFEU; calls on the Commission to start working on a legislative proposal under the ordinary legislativen impact assessment to extend the duration of the EU Energy Platform also to the hydrogen market; notes, in the same spirit, that the joint procedure to extend the duration of the EU Energy Platformment mechanism should be expanded also for the facilitation of hydrogen imports;
Amendment 135 #
2023/2123(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses altogether the importance of importing renewable hydrogen from third countries for reaching the target of 10 million tonnes of imported hydrogen by 2030 as set in the REPowerEU Plan, in order to ensure a proper balance between internal industrial policy and hydrogen diplomacy abroad;
Amendment 137 #
2023/2123(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that the CBAM will apply to hydrogen; calls on the Commission to deliver a robust certification scheme in line with the revised Renewable Energy Directive for imports of renewable hydrogen, equivalent to the rules applying to domestic production, safeguarding a level playing field for reliable international partners; calls on the Commission to ensure that the CBAM adequately ensures a level playing field for hydrogen produced in Europe, including with regard to the indirect carbon costs that are passed on to consumers in European electricity prices but are not faced by consumers in other regions of the world;
Amendment 143 #
2023/2123(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to expand the joint procurement mechanism to facilitate hydrogen imports, to prepare guidelines with clear criteria for the selection of producers from non-EU countries that would be eligible for support, based on geopolitical risks, and their potential reduction through cooperation alignment with EU values and commitment to sustainability;
Amendment 153 #
2023/2123(INI)
Motion for a resolution
Subheading 3 a
Subheading 3 a
Financial support for the transportation of renewable and low-carbon hydrogen
Amendment 154 #
2023/2123(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Emphasises that for a successful acceleration of the hydrogen market, it is necessary to have the appropriate infrastructure in place, not only for the import of hydrogen, but also for the production of hydrogen in Europe;
Amendment 155 #
2023/2123(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Supports the idea of developing local infrastructure for hard-to-abate sectors and hydrogen valleys, mitigating transportation costs by enhancing exploitation of hydrogen in the areas of production;
Amendment 156 #
2023/2123(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Recognises the need to ensure sufficient investments into hydrogen infrastructure connecting supply and demand; emphasises the urgency to build a hydrogen infrastructure (e.g. the European Hydrogen Backbone) to distribute hydrogen throughout the EU and therefore ensure that hydrogen can reach those industries that need it the most;
Amendment 157 #
2023/2123(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Considers both grants and (carbon) contracts for difference with a transportation cost component as suitable instruments to support investments into hydrogen infrastructure; stresses, in the same perspective, that additional resources should be allocated to the CEF, enhancing the funding of relevant infrastructure by inviting the Commission to mobilise EU funding also under Cohesion Policy and the RRF;
Amendment 158 #
2023/2123(INI)
Motion for a resolution
Subheading 4
Subheading 4
Streamlining of EU instruments and financial implicationmechanisms
Amendment 159 #
2023/2123(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes note of the budget of EUR 3 billion for the EHB that was announced in the 2022 State of the Union address; calls on the Commission to significantly increase this budget; stresses that the budget of €800 million for the pilot auction should be increased to 2 billion euros per year until 2030 and to enshrine it into the legislative framework;
Amendment 163 #
2023/2123(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 167 #
2023/2123(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Urges the Commission to examine the possibility of a potential raise of the duration support from 10 to 15 years with subsequent increase of the budget of EUR 800 million over the next years;
Amendment 168 #
2023/2123(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Asks the Commission to clarify the yearly budget available for the next five years under each pillar of the EHB, prepare a road map of planned auctions and, where appropriate, make a legislative proposal for a financial instrument targeting imports from non-EU countries under the umbrella of the EHB; stresses that the dates of any future auction rounds should be announced at least 24 months in advance;
Amendment 172 #
2023/2123(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that funding for the EHB should not negatively impact the resources available under the Innovation Fund, which are themselves urgently needed to facilitate the transition to carbon neutrality; notes that, in addition to the Innovation Fund, other funding sources should be considered, such as unused RRF and MFF funds; suggests to the Commission to explore the possibility to establish a mechanism within the EHB to ensure synergies and coordinate resources from the RRF, the JTF, MFF and other related funds;
Amendment 174 #
2023/2123(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 189 #
2023/2123(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need for an annual report by the Commission assessing progress in the development of the renewable and low-carbon hydrogen market and evaluating the activities of the EHB; asks that this report also evaluate the geographical breakdown of funding, the number of jobs created, changes in supply and demand, the cost of renewable hydrogen compared to other forms of hydrogen, and the development of dedicated hydrogen infrastructures;
Amendment 254 #
2023/0081(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Leading globally on product sustainability is central to the Union’s industrial strategy and a decisive element of the Union’s competitiveness. To ensure a level-playing field for all suppliers of net-zero technologies, products placed on the internal market shall be subject to sustainability requirements, including but not limited to carbon footprint requirements, traceability, recyclability and recycled content requirements.
Amendment 446 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) net zero technologies placed on the internal market are subject to mandatory sustainability requirements.
Amendment 585 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘CO2 injectionstorage capacity’ means the annual amount of CO2 that can be injected stored in an operational geological storage site, permitted under Directive 2009/31/EC, with the purpose to reduce emissions or increase carbon removals, in particular from large scale industrial installations and which is measured in tonnes per annum;
Amendment 658 #
2023/0081(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article4a Net-Zero Europe Permitting Task Force 1. By [3 months after the date of entry into force of this Regulation], the Commission shall establish a Net-Zero Permitting Task Force. 2. The task force shall deliver technical assistance to the national competent authorities referred to in Article 4(1) with the objective to accelerate permit-granting process for net-zero technology manufacturing projects, including for net- zero strategic projects. 3. The European Commission shall manage the task force and may rely on experts and other third parties, as appropriate, to deliver support at the request of the national competent authorities on a specific permit granting process. 4. The task force shall identify and promote the adoption of best practices.
Amendment 854 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. A net-zero technology manufacturing project located in the Union that contributes to the realisation of the objectives set out in Article 1(1) and that either benefits from the ETS Innovation Fund, or is part of Important Projects of Common European Interest, European Hydrogen Valleys, or of the Hydrogen Bank, when the funds support investment in manufacturing capacities corresponding to a technology listed in the Annex, or identified as key project in manufacturing capacities corresponding to a technology listed in the Annex by the industrial alliances, shall be recognised by Member States as net- zero strategic project under Article 11(3) upon request of the project promoter without the project promoter having to submit a formal application under Article 11(2).
Amendment 1011 #
2023/0081(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
An annual injection technical capacity of at least 50 million tonnes of CO2 shall be achievimed by 2030, in storage sitesdepending on the interest expressed by market participants, in storage sites such as depleted oil and gas fields and saline aquifers, located in the territory of the European Union or EEA, its exclusive economic zones or on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS) and which are not combined with Enhanced Hydrocarbon Recovery (EHR).
Amendment 1161 #
2023/0081(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article18a Mandatory sustainability requirements By [1 year after the entry into force of this Regulation] the Commission shall ensure that mandatory sustainability requirements for the placing on the internal market of the net-zero technologies listed in the Annex are in place, including carbon footprint requirements.
Amendment 1325 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
Article 23 – paragraph 1 – point c a (new)
(ca) Member States shall ensure that sufficient funding is available to support education and training in the value- chains of net-zero technologies. For this purpose, Member States shall earmark a portion of European Union funds available for training, upskilling, and reskilling, such as the European Social Fund Plus, to programmes dedicated to net-zero technologies.
Amendment 1473 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 11
Article 29 – paragraph 11
11. The Platform shall coordinate and cooperate with invite existing industrial alliances to attend its meetings, including of the standing or temporary sub-groups referred to in Paragraph 6, in order to report on the status of and to make recommendations on the targets set out in Article 1.
Amendment 1521 #
2023/0081(COD)
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Strategic net-zero technologies 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 technologies 7. Carbon Capture Utilisation (CCU) and storage (CCS) technologies 8. Grid technologies 9. Low-carbon H2 and Ammonia production 10. Nuclear technologies (including: advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels)
Amendment 1543 #
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 technologies 7. Carbon Capture Utilisation (CCU) and storage (CCS) technologies 8. Grid technologies 8a. Low-carbon H2 and Ammonia production 8b. Nuclear technologies (including: advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels)
Amendment 315 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a – point i
Article 1 – paragraph 2 – point a – point i
(i) Union extraction capacity is able to extract the gases, ores, minerals or concentrates needed to produce at least 10% of the Union's annual consumption of strategic raw materials, to the extent that the Union’s reserves allow for this;
Amendment 340 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) sustain the capacity of extraction and processing of critical raw materials in the EU on the level corresponding to production of relevant critical raw materials in 2022 or average yearly production in years 2017-2022, whichever number is higher;
Amendment 388 #
2023/0079(COD)
(6) ‘extraction’ means the primary extraction of gases, ores, minerals and plant products from their original source, including from a mineral occurrence underground, mineral occurrence under water, sea brine and trees;
Amendment 395 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘processing’ means all physical, chemical and biological processes involved in the transformation of a raw material from ores, minerals, plant products, fluids, gases, or waste into pure metals, alloys, gases or other economically usable forms;
Amendment 434 #
2023/0079(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
An updated list of strategic raw materials shall include, from among the raw materials assessed, the raw materials that score among the highest in terms of strategic importance, forecasted demand growth and difficulty of increasing production. The strategic importance, projected demand growth and difficulty of increasing production shall be determined in accordance with Annex I, Section 2line with Union's industrial and environmental policies.
Amendment 477 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the project would make a meaningful contribution to the security of the Union's supply of strategic and critical raw materials;
Amendment 542 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 7 – point a
Article 6 – paragraph 7 – point a
(a) ensure a balanced representation of Strategic Projects for all strategic and critical raw materials and in all stages of the value chain;
Amendment 551 #
2023/0079(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Strategic Projects shall be considered to contribute to the security of supply of strategic and critical raw materials in the Union.
Amendment 981 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point a a (new)
Annex I – Section 1 – paragraph 1 – point a a (new)
(aa) Aluminium alloy
Amendment 993 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point f a (new)
Annex I – Section 1 – paragraph 1 – point f a (new)
(fa) Hydrogen - renewable, fossil free and low-carbon
Amendment 1007 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point j
Annex I – Section 1 – paragraph 1 – point j
(j) Natural Graphite - including battery grade graphite with a separate extraction and processing targets
Amendment 1040 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p a (new)
Annex I – Section 1 – paragraph 1 – point p a (new)
(pa) Coking coal
Amendment 1050 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p b (new)
Annex I – Section 1 – paragraph 1 – point p b (new)
(pb) Erbium
Amendment 1054 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p c (new)
Annex I – Section 1 – paragraph 1 – point p c (new)
(pc) Europium
Amendment 1056 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p d (new)
Annex I – Section 1 – paragraph 1 – point p d (new)
(pd) Lanthanum
Amendment 1058 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p e (new)
Annex I – Section 1 – paragraph 1 – point p e (new)
(pe) Ytterbium
Amendment 1060 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p f (new)
Annex I – Section 1 – paragraph 1 – point p f (new)
(pf) Yttrium
Amendment 1062 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 2
Annex I – Section 2
Amendment 252 #
2023/0077(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Network tariffs should incentivise transmission and distribution system operators to use flexibility services through further developing innovative solutions to optimise the existing grid and to procure flexibility services, in particular demand response or storage, storage and sector integration. For this purpose, network tariffs should be designed so as to take into account the operational and capital expenditures of system operators or an efficient combination of both so that they can operate the electricity system cost- efficiently. This would further contribute to integrating renewables at the least cost for the electricity system and enable final customers to value their flexibility solutions, based on locational investment signals where it helps to reduce redispatching and power grid reinforcement costs.
Amendment 303 #
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, storage investment needs and sector integration, Member States can design or redesign capacity mechanisms in order to create a green and flexible capacity mechanism. Member States that apply a capacity mechanism in line with the existing rules should promote the participation of non-fossil flexibility such as demand side response, storage and sectorage integration by introducing additional criteria or features in the design.
Amendment 427 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) No 2019/943
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
Amendment 594 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
Article 18, paragraph 2
Article 18, paragraph 2
2. Tariff methodologies shall reflect the fixed costs of transmission system operators and distribution system operators and shall consider both capital and operational expenditure to provide appropriate incentives to transmission system operators and distribution system operators over both the short and long run, including anticipatory investments, in order to increase efficiencies, including energy efficiency, to foster market integration and security of supply, to support the use of flexibility services, efficient investments including solutions to optimise the existing grid and facilitate demand response and related research activities, and to facilitate innovation in the interest of consumers in areas such as digitalisation, flexibility services and interconnection, interconnection and to provide locational investment signals, e.g. geographically differentiated tariffs, incentives via tariff structure, to reduce redispatching and power grid reinforcement costs;
Amendment 620 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a, paragraph 1
Article 19a, paragraph 1
1. Member States shall facilitate power purchase agreements (‘PPAs’) with a view to reaching the objectives set out in their integrated national energy and climate plan with respect to the dimension decarbonisation referred to in point (a) of Article 4 of Regulation (EU) 2018/1999, while preserving competitive and liquid electricity markets. Access to PPAs at cost reflective prices shall be facilitated for sectors which are particularly exposed to international trade and rely heavily on electricity for their value creation. PPAs intended to sectors which are particularly exposed to international trade and rely heavily on electricity for their value creation shall be priced at a level reflecting the cost of power generation in order to provide these sectors with a competitive energy price.
Amendment 921 #
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, storage and sectorage integration by introducing additional criteria or features in the design of the capacity mechanism.
Amendment 937 #
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, storage and dispatchable power generation in capacity mechanisms are insufficient to achieve the flexibility needs identified in accordance with19d, Member States may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and storage, storage and dispatchable power generation.
Amendment 948 #
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 may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and storage, storage and dispatchable power generation.
Amendment 962 #
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
Article 19 f
Flexibility support scheme for non-fossil flexibility such as demand response, storage and sectorage integration applied by Member States in accordance with Article 19e(2) and (3) shall:
Amendment 976 #
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 – subparagraph (b)
Article 19 f – subparagraph (b)
(b) be limited to new investments in non-fossil flexibility such as demand side response, storage and sectorage integration;
Amendment 983 #
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 – subparagraph (c)
Article 19 f – subparagraph (c)
Amendment 999 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) No 2019/943
Article 27 a (new)
Article 27 a (new)
(9a) In the Chapter IV Article 27 a (new) is inserted: Complementary extraordinary procurement process of capacity mechanisms 1. If a Member State identifies, in its national resource adequacy assessment in a manner consistent with European resource adequacy assessment, that resource adequacy for a given period cannot be achieved and national security of supply may be endangered, despite having applied the measures outlined in the implementation plan referred to in Article 20(3) and carried out all primary capacity procurement processes as envisaged in an approved capacity mechanism, Member State applying a capacity mechanism other than strategic reserves may request the Commission approve a complementary extraordinary procurement process. 2. The complementary extraordinary procurement process as prescribed in paragraph 1: (a) shall be open to all capacity providers, including generation capacity, energy storage and demand side management resources which meet the necessary criteria to deliver on capacity obligations, but was not eligible to participate in the primary capacity procurement process, (b) shall not grant capacity providers with contracts longer than one year and shall not overlap with remuneration obtained on the basis of the primary capacity procurement process, (c) shall be organised as a competitive bidding process. 3. The Commission shall assess the request of the Member State based on the condition envisaged in the paragraph 1 and adopt its decision within 3 months from the date of submission of the request.
Amendment 195 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 3
Article 2 – paragraph 2 – point 3
(3) ‘civil works’ means every outcome of building or civil engineering works taken as a whole that is sufficient in itself to fulfil an economic or technical function and entails including construction, as well as works consisting of reconstruction, installation, renovatione, or more elements of a physical infrademolition of a building structure;
Amendment 197 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 5 – point b
Article 2 – paragraph 2 – point 5 – point b
(b) they have legal personality or are entitled to legal capacity according to the provisions of the law;
Amendment 198 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 6
Article 2 – paragraph 2 – point 6
(6) ‘in-building physical infrastructure’ means physical infrastructure or installations at the end user’s location, including elements under joint ownership e.g. tenants' co-ownership, intended to host wired and/or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;
Amendment 202 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 9
Article 2 – paragraph 2 – point 9
(9) ‘major renovation and reconstruction works’ means building or civil engineering works at the end user’s location encompassing structural modifications of the entire in- building physical infrastructure or a significant part thereof and that require a building permit;
Amendment 216 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. USubject to paragraph 3 of this article, upon written request of an operator, public sector bodies owning or controlling physical infrastructure or network operators shall meet all reasonable requests for access to that physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of very high capacity networks or associated facilities. Public sector bodies owning or controlling physical infrastructure shall meet all reasonable requests for access also under non-discriminatory terms and conditions. Such written requests shall specify the elements of the physical infrastructure for which the access is requested, including a specific time frame.
Amendment 245 #
2023/0046(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point c
Article 3 – paragraph 3 – subparagraph 1 – point c
(c) the existence of safety and scientifically-based public health concerns;
Amendment 268 #
2023/0046(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Article 4 – paragraph 1 – subparagraph 1 – introductory part
In order to request access to physical infrastructure in accordance with Article 3, any operator shall have the right to access, upon request, the following minimum information on existing physical infrastructure in electronic format via a single information point or directly from network operators and public sector bodies:
Amendment 342 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The completeness of the application for permits or rights of way shall be determined by the competent authorities within 15 working days from the receipt of the application. Unless the competent authorities invited the applicant to provide any missing information within that period, the application shall be deemed complete.
Amendment 378 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Article 7 – paragraph 11 a (new)
11a. The Commission will monitor the implementation of this Article in the Member States, and the Member States will report annually to the Commission the status of their implementation and if the listed conditions are met;
Amendment 45 #
2022/2063(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
Amendment 46 #
2022/2063(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Reminds that the EIC Fund is set up to support startups and SMEs developing deeptech innovations. Highlights that cash flows are crucial for startups and SMEs, and that long delays in receiving expected funding can bankrupt these kinds of companies. Emphasises therefore the importance of the EIC Fund being able to invest within market conform timeframes. Deplores the examples where the EIC Fund failed to achieve this objective and where the original investment decision of the EIC Fund was rendered irrelevant, due to the long time lag and the company’s development during that time;
Amendment 106 #
2022/2063(INI)
Motion for a resolution
Paragraph 11 r (new)
Paragraph 11 r (new)
11 r. Emphasises that the Europe’s innovative capacity, economic growth and resilience is undermined because of the low participation of women in the startup and VC scene. Welcomes in this regard the efforts made by the EIC to promote woman leadership and participation in startups and VC. Regrets that this has not yet resulted in sufficient change. Points in this regard to the fact that of investments raised by European startups in 2021 only 1.8% was raised by all-women-founded startups and merely 9.3% was raised by mixed-gender founding teams1a _________________ 1a https://europeanwomeninvc.idcinteractive .net/
Amendment 107 #
2022/2063(INI)
Motion for a resolution
Paragraph 11 s (new)
Paragraph 11 s (new)
11 s. Is alarmed by the fact that the EIC Work Programme requires any project to comply with the Do No Significant Harm principle as enshrined in Regulation (EU) 2020/852, known as the EU Taxonomy. Highlights that the 2022 Work Programme refers to the principle both as an evaluation criterion for the EIC Accelerator and as an eligibility criterion for the EIC in general. Recalls that the scope of Regulation (EU) 2020/852 is limited to financial markets. Recalls that the Horizon Europe legislation in no way requires compliance with the DNSH principle. Concludes therefore that there is no legal base for this additional eligibility criterion;
Amendment 121 #
2022/2063(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission to refrain from the use of the DNSH principle as additional eligibility criterion for EIC projects;
Amendment 125 #
2022/2063(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Calls on the relevant Union bodies, including the European Court of Auditors and the EIC Board, to develop a dedicated auditing strategy for the EIC which reflects the particular nature of the EIC;
Amendment 101 #
2022/0047(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation complements and is without prejudice to the Union and national laws providing for the access to and enabling to use data for statistical purposes, in particular regulation 223/2009 on European Statistics and its related legal acts as well as national legal acts related to official statistics.
Amendment 109 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 112 #
2022/0047(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Data generation is the result of the actions of at least two actors, the designer or manufacturer of a product and the user of that product. It gives rise to questions of fairness in the digital economy, because the data recorded by such products or related services are an important input for aftermarket, ancillary and other services. In order to realise the important economic benefits of data as a non-rival good for the economy and society, a general approach to assigning access and usage rights on data is preferable to awarding exclusive rights of access and use. However, it is also important that data sharing based on voluntary agreements continues to develop in order to facilitate the development of data-driven value growth of European companies.
Amendment 113 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, andsensor-generated data or data captured by embedded applications, and data recorded by a device without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.
Amendment 113 #
2022/0047(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Regulation complements and is without prejudice to the Union and national laws providing for the access to and enabling to use data for statistical purposes, in particular regulation 223/2009 on European Statistics and its related legal acts as well as national legal acts related to official statistics.
Amendment 118 #
2022/0047(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Regulation complements and is without prejudice to the Union and national laws providing for the access to and enabling to use data for statistical purposes, in particular Regulation 223/2009 on European Statistics and its related legal acts as well as national legal acts related to official statistics.
Amendment 120 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate products including physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product if such data are collected. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 126 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 128 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, andsensor-generated data or data captured by embedded applications, and data recorded by a device without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.
Amendment 132 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 134 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate products including physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product if such data are collected. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 138 #
2022/0047(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In contrast, certain products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service should not be covered by this Regulation. Such products include, for example, personal computers, servers, tablets and smart phones, cameras, webcams, sound recording systems and text scanners. They require human input to produce various forms of content, such as text documents, sound files, video files, games, digital maps. Likewise defence related products as defined in Article 3(1) of Directive 2009/43 should not be covered by this Regulation.
Amendment 151 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, andsensor-generated data or data captured by embedded applications, and data recorded by a device without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.
Amendment 156 #
2022/0047(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The user of a product should be understood as the legal or natural person, such as a business or consumer or public sector body, which has purchased, rented or leased the product on other than short- term basis. Depending on the legal title under which he uses it, such a user bears the risks and enjoys the benefits of using the connected product and should enjoy also the access to the data it generates. The user should therefore be entitled to derive benefit from data generated by that product and any related service. An owner, renter or lessee should equally be considered as user, including when several entities can be considered as users. In the context of multiple users, each user may contribute in a different manner to the data generation and can have an interest in several forms of use.
Amendment 177 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate products including physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product if such data are collected. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 179 #
2022/0047(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Before concluding a contract for the purchase, rent, or lease of a product or the provision of a related service, clear and sufficient information should be provided to the user on how the data generated may be accessed. This obligation provides transparency over the data generated and enhances the easy access for the user. This obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to Article 12, 13 and 14 of Regulation 2016/679. The data holder cannot be expected to store the data indefinitely in view of the needs of the user of the product, but should however implement a reasonable data retention policy that allows for the effective application of the data access rights under this Regulation
Amendment 180 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset. However, in order to avoid imposing overly broad obligations, a service should not be considered data processing service where enabling on- demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature is merely a minor and purely ancillary feature of another service. For example, this should not apply to online platforms within the meaning of the Digital Services Act where data storing is merely a minor and purely ancillary feature of another service such as social networks or online marketplaces
Amendment 193 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset. However, in order to avoid imposing overly broad obligations, a service should not be considered data processing service where enabling on- demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature is merely a minor and purely ancillary feature of another service. For example, this should not apply to online platforms within the meaning of the Digital Services Act where data storing is merely a minor and purely ancillary feature of another service such as social networks or online marketplaces.
Amendment 209 #
2022/0047(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A third party to whom data is made available may be an enterprise, a research organisation or a not-for-profit organisation. In making the data available to the third party, the data holder nor the third party should not abuse its position to seek a competitive advantage in markets where the data holder and third party may be in direct competition. TNeither the data holder nor the third party should not therefore use any data generated by the use of the product or related service in order to derive insights about the economic situation of the data holder and third party or its assets or production methods or the use in any other way that could undermine the commercial position of the data holder or third party on the markets it is active on. Data intermediation services [as regulated by Regulation (EU) 2022/868] may support users or third parties in establishing a commercial relation for any lawful purpose on the basis of data of products in scope of this Regulation e.g. by acting on behalf of a user. They could play an instrumental role in aggregating access to data from a large number of individual users so that big data analyses or machine learning can be facilitated, as long as such users remain in full control on whether to contribute their data to such aggregation and the commercial terms under which their data will be used.
Amendment 213 #
2022/0047(COD)
3. Union law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC, including the powers and competences of supervisory authorities. Insofar as the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, the provisions of this Regulation shall complement the right of data portability under Article 20 of Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data shall prevail.
Amendment 218 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘data generated by the use of a product or a related service’ means any data recorded intentionally by the user or as a by-product of the user’s action, as well as data generated or recorded without any action by the user among others in stand by mode or while the product is switched off. This includes sensor-generated data, data captured by embedded applications and diagnostics data.
Amendment 222 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘data generated by the use of a product or a related service’ means any data recorded intentionally by the user or as a by-product of the user’s action, as well as data generated or recorded without any action by the user among others in standby mode or while the product is switched off. This includes sensor-generated data, data captured by embedded applications and diagnostics data;
Amendment 223 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) Diagnostic data is data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions
Amendment 226 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) 'diagnostic data' is data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions;
Amendment 236 #
2022/0047(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) GThis Regulation does not prevent micro and small enterprises to participate in the data sharing practices, however given the current state of technology, it is overly burdensome to impose further design obligations in relation to products manufactured or designed and related services provided by micro and small enterprises. That is not the case, however, wWhere a micro or small enterprise is sub- contracted to manufacture or design a product. In such situations, the enterprise, which has sub-contracted to the micro or small enterprise, is able to compensate the sub-contractor appropriately. A micro or small enterprise may nevertheless be subject to the requirements laid down by this Regulation as data holder, where it is not the manufacturer of the product or a provider of related services. In order to increase the participation of micro and small enterprises in the data economy, Member States should provide digital training and guidance to such enterprises.
Amendment 241 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who: i) has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, orto make available data generated by products or related services, or ii) in the case of non-personal data and through control of the technical design of the product and related services, has the ability, to make available certain data;
Amendment 242 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who: (i) has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, orto make available data generated by products or related services, or (ii) in the case of non-personal data and through control of the technical design of the product and related services, has the ability, to make available certain data;
Amendment 246 #
2022/0047(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Any agreement concluded in business-to-business relations for making the data available should not discriminate between comparable categories of data recipients, independently whether they are large companies or micro, small or medium-sized enterprises. In order to compensate for the lack of information on the conditions of different contracts, which makes it difficult for the data recipient to assess if the terms for making the data available are non- discriminatory, it should be on the data holder to demonstrate that a contractual term is not discriminatory. It is not unlawful discrimination, where a data holder uses different contractual terms for making data available or different compensation, if those differences are justified by objective reasons. These obligations are without prejudice to Regulation (EU) 2016/679.
Amendment 253 #
2022/0047(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42 a) Such reasonable compensation may include firstly the costs incurred and investment required for making the data available. These costs can be technical costs, such as the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Such technical costs could include also the costs for processing, necessary to make data available. Costs related to making the data available may also include the costs of organising answers to concrete data sharing requests. They may also vary depending on the arrangements taken for making the data available. Long-term arrangements between data holders and data recipients, for instance via a subscription model or the use of smart contracts, could reduce the costs in regular or repetitive transactions in a business relationship. Costs related to making data available are either specific to a particular request or shared with other requests. In the latter case, a single data recipient should not pay the full costs of making the data available. Reasonable compensation may include secondly a margin. Such margin may vary depending on factors related to the data itself, such as volume, format or nature of the data, or on the supply of and demand for the data. It may consider the costs for collecting the data. The margin may therefore decrease where the data holder has collected the data for its own business without significant investments or may increase where the investments in the data collection for the purposes of the data holder’s business are high. The margin may also depend on the follow-on use of the data by the data recipient. It may be limited or even excluded in situations where the use of the data by the data recipient does not affect the own activities of the data holder. The fact that the data is co-generated by the user could also lower the amount of the compensation in comparison to other situations where the data are generated exclusively by the data holder.
Amendment 255 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;
Amendment 255 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;
Amendment 259 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
Amendment 264 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
Amendment 266 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 267 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1 b. The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder.
Amendment 273 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'official statistics' means European statistics according to Regulation 223/2009 and statistics considered official according to national legislation.
Amendment 274 #
2022/0047(COD)
i) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 275 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c – point ii (new)
Article 3 – paragraph 2 – point c – point ii (new)
ii) The technical means to access the data, such as Software Development Kits or application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable the development of such means of access.
Amendment 280 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
Amendment 281 #
2022/0047(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In situations of exceptional need, it may be necessary for public sector bodies or Union institutions, agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. Exceptional needs are circumstances which are unforeseeable and limited in time. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. To limit the burden on businesses, micro and small enterprises should be exempted from the obligation to provide public sector bodies and Union institutions, agencies or bodies data in situations of exceptional need.
Amendment 281 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. In case when filing a request via electronic channels is not possible or limited by a disability, the data holder shall enable other forms of request that are appropriate for persons with communication problems.
Amendment 282 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
Amendment 285 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 286 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 286 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU)2016/943.
Amendment 290 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder
Amendment 299 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 301 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 302 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c b (new)
Article 3 – paragraph 2 – point c b (new)
Amendment 310 #
2022/0047(COD)
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third party. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU)2016/943.
Amendment 313 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
Amendment 317 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. In case when filing a request via electronic channels is not possible or limited by a disability, the data holder shall enable other forms of request that are appropriate for persons with communication problems.
Amendment 320 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 327 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 331 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset. However, in order to avoid imposing overly broad obligations, a service should not be considered data processing service where enabling on- demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature is merely a minor and purely ancillary feature of another service. For example, this should not apply to online platforms within the meaning of the Digital Services Act where data storing is merely a minor and purely ancillary feature of another service such as social networks or online marketplaces
Amendment 338 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Unless otherwise provided by Union law, including Article 6 of this Regulation, or by national legislation implementing Union law, an obligation to make data available to a data recipient shall not oblige the disclosureWhile the obligation to make data available as provided by Union law, including Articles 4(3), 5(8), Article 6 and Article 19(2) of this Regulation, or by national legislation implementing Union law, shall be effective, this Regulationshall not question the protection of trade secrets as such and that the access is only granted under measures that warrant for the protection of trade secrets within the meaning of Directive (EU) 2016/943.
Amendment 341 #
2022/0047(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) To promote the interoperability of smart contracts in data sharing applications, it is necessary to lay down essential requirements for smart contracts for professionals who create smart contracts for others or integrate such smart contracts in applications that support the implementation of agreements for sharing data. Specific training programmes on smart contracts for businesses, in particular SMEs, In order to facilitate the conformity of such smart contracts with those essential requirements, it is necessary to provide for a presumption of conformity for smart contracts that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council.
Amendment 343 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Article 8(3) shall apply accordingly.
Amendment 350 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 360 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise, the data recipient or user, respectively, if it is unfair.
Amendment 372 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Article 8(3) shall apply accordingly.
Amendment 380 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Union law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC, including the powers and competences of supervisory authorities. Insofar as the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, the provisions of this Regulation shall complement the right of data portability under Article 20 of Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data shall prevail.
Amendment 381 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.; or
Amendment 382 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
Article 15 – paragraph 1 – point c – point 2 a (new)
(2 a) obtaining data is necessary for official statistics purposes;
Amendment 386 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 386 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes.
Amendment 393 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise, the data recipient or user, respectively, if it is unfair.
Amendment 404 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘data generated by the use of a product or a related service’ means any data recorded intentionally by the user or as a by-product of the user’s action, as well as data generated or recorded without any action by the user among others in standby mode or while the product is switched off. This includes sensor-generated data, data captured by embedded applications and diagnostics data.
Amendment 407 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) ‘diagnostic data’ means data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions;
Amendment 409 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.
Amendment 419 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. Official statistics authorities are exempted from the latter obligation.
Amendment 425 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.; or
Amendment 426 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
Article 15 – paragraph 1 – point c – point 2 a (new)
(2a) obtaining data is necessary for official statistics purposes;
Amendment 428 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes..
Amendment 431 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. The notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1, the purposes of data processing and the period for which the data will be stored.
Amendment 432 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. After receiving a notification based on art. 21 par. 4, the data holder has the right to object to transmitting or making available data that was received from him or her within 10 days.
Amendment 435 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure, in terms of factors on their service side, that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 436 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, without prejudice to any financial commitments made by the customer regarding the service;
Amendment 437 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personalto make available certain data or can enable access to the data and through control of the technical design of the product and related services, the ability, to make available certainr means of access, in the case of non-personal data;.
Amendment 438 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contractand made available to the customer in advance of that customer accepting terms and conditions of the service priori to signing up to the service of the provider. Without prejudice to Directive (EU) 2019/770, that contracte information to be provided to the customer and the terms and conditions of the service shall include at least the following:
Amendment 440 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly byby the customer or which is uniquely relate to theat customers own usage of the service, to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall execute and provide clear information concerning:
Amendment 441 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who: (i) has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, orto make available data generated by products or related services, or (ii) in the case of non-personal data and through control of the technical design of the product and related services, has the ability, to make available certain data;
Amendment 442 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point -1 (new)
Article 24 – paragraph 1 – point a – point -1 (new)
(-1) the estimated, fastest possible in terms of factors on the side of the provider of the data processing service from which the switching is to take place, duration of the process for the customer to transition from the data processing service,including any operational, technical or organisational steps necessary for both the service provider and the customer to undertake, in order to complete the switching process;
Amendment 443 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist andance with the switching process that the provider can supply including, where technically feasible, completeion of the switching process from the provider’s side;
Amendment 444 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) any risks to continuity in the provision of the respective functions or services from the provider’s side during the switching process and commitment to make every effort on provider’s side to ensure full continuity in the provision of the respective functions or services.
Amendment 445 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 447 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘readily available data’ means data generated by the use of a product that the data holder obtains or can obtain without disproportionate effort, going beyond a simple operation;
Amendment 447 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the mandatoryprovider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible for the provider, the provider of data processing services shall notify the customer within 714 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period, which may not exceed 6 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured, where technically feasible, continue throughout the alternative transition period against reduced charges, referred to in Article 25(2) if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.
Amendment 448 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs] onwards, providers of data processing services shall not impose any charges on the customer for the switching process., unless the process is prolonged due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 449 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X]onwards, providers of data processing services shall, before the customer signs up to the service, provide clear information in the terms and conditions of the service, about the costing parameters for mandatory operations that the provider of data processing services must perform in relation to porting and switching.
Amendment 450 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned., unless the process is prolonged due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 452 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. Official statistics authorities are exempted from the latter obligation.
Amendment 452 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that the customer, after switching to aprovide capabilities, adequate information, documentation, technical support and, where appropriate, tools, to perform porting and switching, allowing for functional equivalence in the use of the new service coveringof the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service.
Amendment 453 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negativeto which normal measures for the maintenance of public safety, health and order, are plainly inadequate. such as public health emergencies, emergencies resulting from natural disasters, as well as human- induced major disasters, such as major cybersecurity incidents, negatively and suddenly affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial and immediate degradation of economic assets in the Union or the relevant Member State(s) and which is determined and officially declared according to the respective procedures under Union or national law;
Amendment 453 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generated and where technically feasible, export all data generated directly by the customer or which is uniquely related to that customers own usage of the service, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format for the relevant service type.
Amendment 459 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. All switching, porting and interoperability standards or specifications, as well as implementation of all measures of this regulation, shall ensure compliance with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC,legislation on cyber security, consumer protection, product safety, trade secrets or intellectual property rights, as well as with the accessibility requirements.
Amendment 463 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;
Amendment 464 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. The notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1, the purposes of data processing and the period for which the data will be stored.
Amendment 466 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
Amendment 469 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure, in terms of factors on their service side, that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 472 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for specific sectoral data exchange issues related to the implementation of this Regulation, the competence of sectoral authorities shall be respected; it refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1 shall not affect their professional independence.
Amendment 475 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, without prejudice to any financial commitments made by the customer regarding the service;
Amendment 479 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20 a) official statistics means European statistics according to Regulation 223/2009 and statistics considered official according to national legislation.
Amendment 490 #
2022/0047(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4 (3) and Article 5 (8);
Amendment 495 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contract. Without prejudice to Directive (EU) 2019/770, that contractand made available to the customer in advance of that customer accepting terms and conditions of the service priori to signing up to the service of the provider. Without prejudice to Directive (EU) 2019/770, the information to be provided to the customer and the terms and conditions of the service shall include at least the following:
Amendment 498 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
Amendment 500 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly byby the customer or which is uniquely relate to theat customers own usage of the service, to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall execute and provide clear information concerning:
Amendment 505 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 507 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1 b. The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder
Amendment 507 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point -1 (new)
Article 24 – paragraph 1 – point a – point -1 (new)
(-1) the estimated, fastest possible in terms of factors on the side of the provider of the data processing service from which the switching is to take place, duration of the process for the customer to transition from the data processing service,including any operational, technical or organisational steps necessary for both the service provider and the customer to undertake, in order to complete the switching process;
Amendment 510 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist andance with the switching process that the provider can supply including, where technically feasible, complete the switching process from the provider’s side;
Amendment 515 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) any risks to continuity in the provision of the respective functions or services from the provider’s side during the switching process and commitment to make every effort on provider’s side to ensure full continuity in the provision of the respective functions or services.
Amendment 526 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c – point i (new)
Article 3 – paragraph 2 – point c – point i (new)
i) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 527 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c – point ii (new)
Article 3 – paragraph 2 – point c – point ii (new)
ii) The technical means to access the data, such as Software Development Kits or application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable the development of such means of access.
Amendment 531 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 542 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the mandatoryprovider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible for the provider, the provider of data processing services shall notify the customer within 714 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period, which may not exceed 6 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured, where technically feasible, continue throughout the alternative transition period against reduced charges, referred to in Article 25(2). if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.
Amendment 549 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs] onwards, providers of data processing services shall not impose any additional charges on the customer for the switching process. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 555 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
Amendment 556 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X]onwards, providers of data processing services shall, before the customer signs up to the service, provide clear information in the terms and conditions of the service, about the costing parameters for mandatory operations that the provider of data processing services must perform in relation to porting and switching.
Amendment 564 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. In case when filing a request via electronic channels is not possible or limited by a disability, the data holder shall enable other forms of request that are appropriate for persons with communication problems.
Amendment 566 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 568 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 575 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken in advance to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU) 2016/943.
Amendment 578 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that the customer, after switching to aprovide capabilities, adequate information, documentation, technical support and, where appropriate, tools, to perform porting and switching allowing for functional equivalence in the use of the new service coveringof the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service.
Amendment 588 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The user shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product that competes with the product, or any part of it, from which the data originate and shall not use such data to derive insights about the economic situation, assets and production methods that could undermine the security of the product in a manner which is detrimental to the legitimate interests of the data holder.
Amendment 590 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generatedand where technically feasible, export all data generated directly by the customer or which is uniquely relate to that customers own usage of the service, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format. for the relevant service type.
Amendment 604 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a product or related service to a third party, without undue delayhat are readily available to the data holder to a third party, without undue delay, easily, securely in machine- readable format, free of charge to the user, of the same quality as is available to the data holder and, where applicable, continuously and in real-time. subject to compliance with applicable laws to the outsourcing of data driven services. Data shall be provided in the form in which they have been generated by the product, with only the minimal adaptations necessary to make them useable by a third party, including related metadata necessary to interpret and use the data.
Amendment 615 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 624 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The user or third party shall not be required to provide any information beyond what is necessary to verify the quality as user or as third party pursuant to paragraph 1. The data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure. When giving access to trade secrets, the identity of the data recipient and the scope of data must be disclosed to the data holder for an evaluation of trade secret related risk.
Amendment 641 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third party. The data holder shall therefore be entitled to implement technical or organizational measures, such as strict access protocols, to preserve the confidentiality of the shared data. The trade secret holder should have the possibility to refuse this sharing, when these guarantees are not ensured or respected ex-ante.
Amendment 643 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third party. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU) 2016/943.
Amendment 648 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. All switching, porting and interoperability standards or specifications, as well as implementation of all measures of this regulation, shall ensure compliance with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC,legislation on cyber security, consumer protection, product safety, trade secrets or intellectual property rights, as well as with the accessibility requirements.
Amendment 651 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for specific sectoral data exchange issues related to the implementation of this Regulation, the competence of sectoral authorities shall be respected;. It refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1shall not affect their professional independence.
Amendment 654 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) use the data it receives for the profiling of natural persons within the meaning of Article 4(4) of Regulation (EU) 2016/679, unless it is necessary to provide the service requested by the user or the user agreed to it;
Amendment 669 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
(f a) use the data it receives to undermine the commercial and industrial position of the data holder on the primary market of the product;
Amendment 670 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f b (new)
Article 6 – paragraph 2 – point f b (new)
(f b) use the data it receives in a manner that adversely impacts the security of the product or related service(s)
Amendment 674 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The third party shall bear the responsibility to ensure the security and protection of the data it receives from the data holder.
Amendment 692 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Unless otherwise provided by Union law, including Article 6 of this Regulation, or by national legislation implementing Union law, an obligation to make data available to a data recipient shall not oblige the disclosureWhile the obligation to make data available as provided by Union law, including Articles 4(3), 5(8), Article 6 and Article 19(2) of this Regulation, or by national legislation implementing Union law, shall be effective, this Regulation shall not question the protection of trade secrets as such and that the access is only granted under measures that warrant for the protection of trade secrets within the meaning of Directive (EU) 2016/943.
Amendment 706 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Article 8(3) shall apply accordingly.
Amendment 708 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, and the data holder is not, any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly.
Amendment 720 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1). The third party shall upon the request of the user or the data holder provide with information on how the data has been used when there is a reasonable doubt for unlawful use or onward sharing of the received data.
Amendment 725 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 727 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. AWhere a data recipient that has, for the purposes of obtaining data, provided inaccurate, incomplete or false information to the data holder, deployed deceptive or coercive means or abused evident gaps in the technical infrastructure of the data holder designed to protect the data, has used the data made available for unauthorised purposes or has disclosed those data to another party without the data holder’s authorisation, shall without undue delay, unless the data holder or the user instruct otherwise, including the development of a competing product within the meaning of Article 6(2)(e) or has disclosed those data to another party without the data holder’s authorisation, the data recipient shall be liable for the damages to the party suffering from the misuse or disclosure of such data and shall comply without undue delay with the requests of the data holder to:
Amendment 733 #
2022/0047(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. The obligations set out in this Regulation do not preclude a reciprocity of data sharing between a data recipient, user and data holder agreed in contracts.
Amendment 739 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise, the data recipient or user, respectively, if it is unfair.
Amendment 752 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 8 a (new)
Article 13 – paragraph 8 a (new)
8 a. Given the rapidity in which innovations occur on the markets, the list of unfair contractual terms within article 13 shall be reviewed regularly by the European Commission and be adapted to new business practices if necessary
Amendment 794 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.; or
Amendment 795 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
Article 15 – paragraph 1 – point c – point 2 a (new)
(2 a) obtaining data is necessary for official statistics purposes;
Amendment 801 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes.
Amendment 825 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e a (new)
Article 17 – paragraph 1 – point e a (new)
(e a) ensure that making the data available would not put the data holder in a situation to violate a national under Union law or national law. Or, assume liability for violations or damages resulting from the access it has requested while making the data available was prohibited under Union law or national law;
Amendment 832 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e b (new)
Article 17 – paragraph 1 – point e b (new)
(e b) commits that confidentiality of trade secrets disclosure will be ensured.
Amendment 841 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) respect the legitimate aims of the data holder, taking into account the protection of trade secrets and the, privacy, commercial sensitive information, intellectual property and the duration, cost and effort required to make the data available;
Amendment 847 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) concern, insofar as possible, non- personal data;
Amendment 876 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request within 15 working days following the receipt of a request for the data necessary to respond to a public emergency and within 145 working days in other cases of exceptional need, on either of the following grounds:
Amendment 878 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the data is unavailable; or the data holder does not have control over the data
Amendment 879 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a a (new)
Article 18 – paragraph 2 – point a a (new)
(a a) provided security measures concerning transfer, storing and maintaining data confidentiality are insufficient.
Amendment 884 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.
Amendment 894 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) not use the data in a manner incompatible with the purpose for which they were requested, nor use the date to develop products or related services that compete against the data holder;
Amendment 896 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 901 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
(b a) have in place the appropriate and proportionate technical and organisational measures to manage cyber risk to that data;
Amendment 905 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. Official statistics authorities are exempted from the latter obligation.
Amendment 909 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Disclosure of data constitutive of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, provided that all specific necessary measures required by the trade secret holder are taken to preserve the confidentiality of trade secrets, in particular with respect to the third parties. The trade secret holder, the data holder and the public sector body, or the Union institution, agency or body shall take appropriatecan contractually agree on measures to preserve the confidentiality of those trade secretse shared data, in particular in relation to third parties. The trade secret holder should have the possibility to refuse this sharing, when these guarantees are not ensured or respected ex-ante.
Amendment 945 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. The notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1, the purposes of data processing and the period for which the data will be stored.
Amendment 946 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. After receiving a notification based on Article 21(4), the data holder has the right to object to transmitting or making available data that was received from him or her within 10 days.
Amendment 953 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure, in terms of factors on their service side, that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 958 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, without prejudice to any financial commitments made by the customer regarding the service;
Amendment 962 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contractand made available to the customer in advance of that customer accepting terms and conditions of the service priori to signing up to the service of the provider. Without prejudice to Directive (EU) 2019/770, that contracte information to be provided to the customer and the terms and conditions of the service shall include at least the following:
Amendment 963 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly byby the customer or which is uniquely relate to theat customers own usage of the service, to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall execute and provide clear information concerning:
Amendment 966 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point -1 (new)
Article 24 – paragraph 1 – point a – point -1 (new)
(-1) the estimated, fastest possible in terms of factors on the side of the provider of the data processing service from which the switching is to take place, duration of the process for the customer to transition from the data processing service, including any operational, technical or organisational steps necessary for both the service provider and the customer to undertake, in order to complete the switching process;
Amendment 968 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist andance with the switching process that the provider can supply including, where technically feasible, completeion of the switching process from the provider’s side;
Amendment 970 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) any risks to continuity in the provision of the respective functions or services from the provider’s side during the switching process and commitment to make every effort on provider’s side to ensure full continuity in the provision of the respective functions or services.
Amendment 975 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 981 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the mandatoryprovider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible for the provider, the provider of data processing services shall notify the customer within 714 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period, which may not exceed 6 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured, where technically feasible, continue throughout the alternative transition period against reduced charges, referred to in Article 25(2) if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.
Amendment 982 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs] onwards, providers of data processing services shall not impose any additional charges on the customer for the switching process., unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 984 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X] onwards, providers of data processing services shall, before the customer signs up to the service, provide clear information in the terms and conditions of the service, about the costing parameters for mandatory operations that the provider of data processing services must perform in relation to porting and switching.
Amendment 988 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 992 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that the customer, after switching to aprovide capabilities, adequate information, documentation, technical support and, where appropriate, tools, to perform porting and switching, allowing for functional equivalence in the use of the new service coveringof the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service.
Amendment 998 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generated and where technically feasible, export all data generated directly by the customer or which is uniquely relate to that customers own usage of the service, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format for the relevant service type.
Amendment 1039 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission may, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this Article. To address the fragmentation of the internal market and the data economy in the internal market, as requested by the regulation (EU) 2022/868, the European Data Innovation Board should also assist the Commission enhancing cross-border, cross- sector interoperability of data as well as data sharing services between different sectors and domains.
Amendment 1066 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. All switching, porting and interoperability standards or specifications, as well as implementation of all measures of this regulation, shall ensure compliance with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC, legislation on cyber security, consumer protection, product safety, trade secrets or intellectual property rights, as well as with the accessibility requirements.
Amendment 1099 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for specific sectoral data exchange issues related to the implementation of this Regulation, the competence of sectoral authorities shall be respected; It refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1 shall not affect their professional independence.
Amendment 1151 #
2022/0047(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4(3) and Article 5(8);
Amendment 26 #
2021/2012(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the transition to a net-zero greenhouse gas (GHG) economy requires a clean energy transition that ensures sustainability, energy efficiency, security of supply and affordability of energy;
Amendment 42 #
2021/2012(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the transition to net-zero GHG emissions increases the demand for low-carbon energy;
Amendment 43 #
2021/2012(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas ORE electrification play a key role in fulfilling with the Unions 2030 climate target and the climate neutrality target in 2050;
Amendment 45 #
2021/2012(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas the EU ORE production sector is a technological leader with significant potential to boost the EU economy by supporting the growth of clean energy production in Europe and around the world;
Amendment 48 #
2021/2012(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
C e. whereas the under current policies in the EU, the present and projected installation capacity would only lead to only approximately 90 GW in 2050;
Amendment 49 #
2021/2012(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
C f. whereas it is estimated that the investment needs pursuing 300 GW of offshore wind by 2050 are estimated to be almost EUR 800 billion;
Amendment 50 #
2021/2012(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
C g. whereas the EU Member States spent around EUR 85 billion on offshore renewable energy investments from 2010 to 2018;
Amendment 52 #
2021/2012(INI)
Motion for a resolution
Recital C i (new)
Recital C i (new)
C i. whereas public R&D investments in the wind energy value chain already have played an crucial role in allowing the sector to develop;
Amendment 53 #
2021/2012(INI)
Motion for a resolution
Recital C j (new)
Recital C j (new)
C j. whereas the total amount of EU R&D programmes over the 10 past years offshore wind was EUR 496 million;
Amendment 54 #
2021/2012(INI)
Motion for a resolution
Recital C k (new)
Recital C k (new)
C k. whereas the vast majority of future offshore renewable energy projects will be funded privately;
Amendment 55 #
2021/2012(INI)
Motion for a resolution
Recital C l (new)
Recital C l (new)
C l. whereas the role of ORE in climate change mitigation and energy security is already well-known, the economic and socio-economic impacts from the expansion of ORE, especially when it comes to the occurrence of value- added jobs in the EU at a local level, need to be illuminated;
Amendment 56 #
2021/2012(INI)
Motion for a resolution
Recital C m (new)
Recital C m (new)
C m. whereas the NextGenerationEU recovery fund provides an unique opportunity to mobilise substantially public capital in addition to the private investments;
Amendment 57 #
2021/2012(INI)
Motion for a resolution
Recital C n (new)
Recital C n (new)
C n. whereas the North Sea is currently the world’s leading region for deployed capacity in offshore wind while regions such as the Atlantic, the Mediterranean, the Baltic Sea, and the Black Sea are promising locations to scale-up offshore production and deployment in the EU;
Amendment 58 #
2021/2012(INI)
Motion for a resolution
Recital C o (new)
Recital C o (new)
C o. whereas EU ports play a crucial role in ensuring cost effectiveness of offshore wind;
Amendment 59 #
2021/2012(INI)
Motion for a resolution
Recital C p (new)
Recital C p (new)
C p. whereas EU ports act as gateways to local development in coastal communities;
Amendment 60 #
2021/2012(INI)
Motion for a resolution
Recital C q (new)
Recital C q (new)
C q. whereas landlocked regions in the EU today do not have the same incentives, opportunities and benefits of an EU-level upscaling in offshore wind;
Amendment 62 #
2021/2012(INI)
Motion for a resolution
Recital C s (new)
Recital C s (new)
C s. whereas the EU currently provides only 1 % of the raw materials for wind energy,less than 1 % of Li-batteries, less than 1 % of fuel cells, only 2 % of the raw materials relevant to robotics and only 1 % of silicon-based photovoltaic assemblies;
Amendment 78 #
2021/2012(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to prioritise ORE, together with other relevant energy technologies, as a core component of Europe’s energy system by 2050;
Amendment 103 #
2021/2012(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to conduct an impact assessment that clarifies the economic and socio- economic impacts, with a special focus on existing jobs and job creation by deploying 340 GW of ORE by 2050 in the EU;
Amendment 118 #
2021/2012(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission and the Member States to ensure adequate infrastructure in geographically strategic ports in the EU in order to ensure a cost- effective deployment of ORE;
Amendment 120 #
2021/2012(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Invites the Commission to consider ports as users of ORE; calls the Commission to examine the added value of linking the ORE sector with the port clusters in the EU;
Amendment 121 #
2021/2012(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Stresses the need to secure adequate port infrastructure when deploying 340 GW of ORE by 2050 in the EU sea basins; points out that the Commission should take into account the potential of job creation and economic benefits when expanding infrastructure of ports in the EU;
Amendment 132 #
2021/2012(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recognises the potential for ORE in all sea basins of Europe and call upon the Commission and Member States to further progress the key technologies that will harness this energy;
Amendment 133 #
2021/2012(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that Member States' planning of ORE energy needs to take into account environmental protection, protection of nature and the respective legal frameworks at Member State level into account when new permits are approved;
Amendment 135 #
2021/2012(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Notes that deploying the 340 GW of ORE by 2050 is a comprehensive process and needs a well-functioning supply chain at national, EU and global level; underlines that the EU ORE sector is also relying on imported raw materials and components for production and that the supply chain of these materials should be protected;
Amendment 140 #
2021/2012(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes the inherent complementarity between different offshore renewable energy technologies, in terms of shared infrastructure, supply chain synergies and more reliable aggregate power production;
Amendment 143 #
2021/2012(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that MS collaboration is vital in order to maximise effective use of offshore energy resources; notes that the current legal framework does not facilitate such collaboration sufficiently; strongly believes that failure to increase collaboration between MSs, and inter- connected Third Countries, will inhibit the roll-out of offshore energy; urges the Commission and the MSs to take the necessary action without any further delays;
Amendment 155 #
2021/2012(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that electricity and direct heating and cooling from offshore renewables can contribute to the greening of district heating, decreasing and eventually eliminating its GHG emissions; highlights the potential to incorporate ORE in district heating through clean electricity and heat pumps and sea water air conditioning;
Amendment 162 #
2021/2012(INI)
Motion for a resolution
Subheading 5
Subheading 5
Research and development, innovation & marketscale-up
Amendment 174 #
2021/2012(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Strongly believes that the EU and the MSs should support research iember States should coordinate to support the deploymento and the developmentmarket uptake of floating offshore wind, tidal, wave and current stations, which can be adapted to the different seabed conditions in Europe; points out that the EU should continue to support research into and the development in these offshore technologies;
Amendment 181 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 188 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Highlights that the potential for new emerging technologies, such as floating wind; stresses that floating wind can provide promising new outlets for the EU industry and thus boost exports;
Amendment 189 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Supports the Commission’s ambition to support competent national and regional authorities in creating and delivering ORE-specific education and training programmes and the need to develop a skill pool in the ORE field; calls on the Commission to include the ORE field in its next ‘European Skills Agenda’ in order to help individuals, MNEs, and SMEs to develop the necessary skills for the ORE sector;
Amendment 195 #
2021/2012(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10 d. Stresses the need to develop ORE skills, via training, reskilling and upskilling programmes across the supply chain, e.g. in R&D, offshore transport, installation, operation and maintenance, to ensure that there is no labour shortage in the supply chain;
Amendment 245 #
2021/2012(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Calls for an EU-wide landfill ban on decommissioned wind turbine blades by 2025 in order to ensure circularity, minimise the negative environmental impacts and increase the level of soil protection in the EU;
Amendment 247 #
2021/2012(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14 d. Notes the need for a revision of the EU regulation on nature protection and restoration in order to strike a future- proof balance between facilitating the needed industrial framework for an ORE scale-up and balanced nature protection;
Amendment 100 #
2021/2011(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned that recovery plans do not sufficientlyAsks the Commission to make sure that national resilience and recovery plans under "Next Generation EU" tackle the challenges linked to CRM supply;
Amendment 228 #
Amendment 244 #
2021/2011(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Reiterates its call in its resolution of 25 March 2021 on a new EU-Africa Strategy – a partnership for sustainable and inclusive development8 for fair and sustainable exploitation of CRMs in Africa, which; notes that raw materials account for 49 % of EU imports from Africa, and; further notes that South Africa provides 71% of the EU's supply of platinum and an even higher share of iridium, rhodium and ruthenium, Guinea provides 64% of the EU's supply for bauxite and the Democratic Republic of Congo provides 68% of the EU's need for cobalt; supports the Commission in its endeavours to conclude new CRM partnerships with African countries; _________________ 8 Texts adopted, P9_TA(2021)0108.
Amendment 1 #
2021/2006(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Whereas methane emissions are the second-largest cause of global warming, with approximately one third of the global anthropogenic methane emissions coming from the energy sector; whereas the energy transition towards reaching climate neutrality by 2050 will require a substantial reduction in greenhouse gas (GHG)emissions from the energy sector, including in methane emissions;
Amendment 2 #
2021/2006(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Whereas the intensity of methane emissions varies widely between oil and gas producing countries; whereas oil and gas will continue to be part of the energy mix, in particular for the regions dependent on coal; taking into account the EU’s dependency on third countries for its energy supply;
Amendment 3 #
2021/2006(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Whereas the fact that methane emissions come from a wide range of sectors, like agriculture, waste and energy, and that, once in the atmosphere, methane blends well with other gases, makes it difficult to measure and report it, which leads to a lack of accurate data that gives methane emissions a relatively high uncertainty compared to CO2;
Amendment 4 #
2021/2006(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. Whereas R&I, development, improvement and implementation of fit- for-purpose and appropriately targeted technologies and practices to improve MRV and to mitigate emissions are at the backbone of effective reduction of methane emissions;
Amendment 5 #
2021/2006(INI)
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1 d. Acknowledges the work done so far by the gas industry to reduce methane emissions through voluntary initiatives, such as the OGCI, the MGP and the OGMP 2.0, and underlines the commitment shown to undertake even stronger steps to further minimise methane emissions along the entire gas value chain;
Amendment 18 #
2021/2006(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Agrees that an increased ambition of 55% GHG emission reduction by 2030 needs additional efforts to address all greenhouse gases; underlines that these efforts will mean that more investments are necessary.
Amendment 65 #
2021/2006(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the preparation of legislation for the energy sector with binding rules on monitoring, reporting and verification (MRV) and leak detection and repair, and the consideration of rules on routine venting and flaring; Underlines that a well-structured, fit for purpose MRV system, as adequately outlined by the strategy, will be core for more accurate detecting and quantifying methane emissions along the value chains and will allow better evaluation of the results of mitigation measures in place;
Amendment 111 #
2021/2006(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls the Commission to continue a close dialogue with regulators, as outlined in ACER’s Bridge beyond 2025 and the Commission’ methane strategy.
Amendment 112 #
2021/2006(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a thorough assessment of the cost efficiency of the actions proposed in the energy sector, which should consider local conditions and the specific aspects of the various parts of the value chain and provide flexibility to the industry for their implementation; Calls on the Commission to consider the existing best practices in relation to LDAR as a starting point, allowing for flexible approaches across countries and within the value chain to take into consideration local conditions in order to ensure tailored action across the Union;
Amendment 119 #
2021/2006(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Supports the design and deployment of appropriate and cost- effective methane mitigation tools that take into account the necessary flexibility for the industry to implement them at the lowest cost and in the shortest time.
Amendment 120 #
2021/2006(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Underlines that investments undertaken by infrastructure operators should be recognised within the scope of regulated activities, in order to allow the recovery of costs associated to the reduction of methane emissions, as a signal of the importance of safety and also sustainable activities, which should be incentivised by regulatory authorities; Draws attention to the case of non- regulated operators, which efforts and investments should be incentivised at national and European level;
Amendment 124 #
2021/2006(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to consider a target on renewable and decarbonised gases for 2030, as this would facilitate the development of biomethane and ensure the deployment of the most cost-efficient solutions across the Member States. Calls also for the revision of the gas market regulatory framework as soon as possible in 2021 to facilitate and incentivise the uptake of renewable and decarbonised gases;
Amendment 131 #
2021/2006(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to continue its active involvement in international initiatives, fostering cooperation with third countries to address methane emission reductions by disseminating best practices for cost- effective methane emission reductions across value chain segments and supports the EU’s diplomatic outreach campaign to fossil fuel producer countries and companies to become active in the OGMP.
Amendment 139 #
2021/2006(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls for a reinforcement of research on measurement and possible uses of methane emissions in coalmines, promoting good practices and disseminating best available technologies of regulatory and fiscal frameworks to foster also the development of commercial collection facilitating the utilization of methane from abandoned sites.
Amendment 1457 #
2021/0426(COD)
Proposal for a directive
Annex III – point I – paragraph 3 – indent 3
Annex III – point I – paragraph 3 – indent 3
— renewable energy and waste heat from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) …/… [recast EED].
Amendment 122 #
2021/0425(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In line with the EU Hydrogen Strategy as well as EU REPowerEU Communication and Action Plan, renewable hydrogen is expected to be deployed on a large-scale from 2030 onwardsalready by 2030 for the purpose of increasing the flexibility of the electricity system, decarbonising certain sectors, ranging from aviation and shipping to hard-to-decarbonise industrial sectors as well as replacing Russian fossil fuels as swift as possible. All final customers connected to hydrogen systems will benefit from basic consumer rights applicable to final customers connected to the natural gas system such as the right to switch supplier and accurate billing information. In those instances where customers are connected to the hydrogen network, e.g. industrial customers, they will benefit from the same consumer protection rights applicable to natural gas customers. However, consumer provisions designed to encourage household participation on the market such as price comparison tools, active customers and citizen energy communities do not apply to the hydrogen system.
Amendment 130 #
2021/0425(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the mostand low carbon hydrogen are compatible option with the EU’s climate neutrality and zero pollution goal in the long term and the most coherent with an integrated energy system. However, renewable hydrogen production probably will not scale fast enough to meet the expected growth in demand for hydrogen in Europe. Therefore, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) maywill play an important role in the energy transition, particularly in the short and medium term to rapidly reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogen. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 2031 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low- carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 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).
Amendment 137 #
2021/0425(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) In line with the EU Hydrogen Strategy and REPowerEU Communication and Action Plan, setting an indicative greenhouse gas intensity reduction target for gas consumed in the Union will provide a clear investor framework and pathway for the upscaling of renewable and low carbon gases across the Union. It will provide predictability to customers, in particular in hard-to- decarbonise sectors, to make the necessary investments to transform their operations. It will also enabling different technologies to contribute towards the Union indicative target and the overall Union decarbonisation commitments on a level playing field.
Amendment 140 #
2021/0425(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) The establishment of European hydrogen infrastructure targets related to hydrogen corridors identified in the REPowerEU Plan, including hydrogen networks, hydrogen storage and hydrogen import terminals, will help meeting the REPowerEU Plan targets for hydrogen production and imports by 2030.
Amendment 168 #
2021/0425(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The switch from fossil gas to renewable alternatives will concretise if energy from renewable sources becomes an attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players. Where final customers are required to switch fuels, it should be accompanied by measures that reduce adverse effects on final customers, especially vulnerable customers and people affected by or at risk of energy poverty, as well as measures that mitigate and resolve inequalities resulting from the energy transition.
Amendment 235 #
2021/0425(COD)
Proposal for a directive
Recital 97
Recital 97
(97) Producers of renewable and low- carbon gases are often connected to the distribution grid. To facilitate their uptake and market integration, it is essential that they obtain unhindered access to the wholesale market and the relevant virtual trading points. Participation in the wholesale market is determined by the way in which the entry-exit systems are defined. In several Member States, producers connected to the distribution grid are not part of the entry-exit system. Therefore, the access of renewable and low-carbon gases to the wholesale market should be facilitated by providing a definition of an entry-exit system and ultimately ensuring that production facilities connected to the distribution system arcan be part of it. In addition, Regulation [the recast Gas regulation as proposed in COM(2021)xxx] provides that distribution system operators and transmission system operates are to work together to enable reverse flows from the distribution to the transmission network or alternative means to facilitate the market integration of renewable and low carbon gases.
Amendment 256 #
2021/0425(COD)
Proposal for a directive
Recital 110
Recital 110
(110) When developing the network development plan, it is important that infrastructure operators take the energy efficiency first and system efficiency principles16 into account, in particular, the expected consumption used for the joint scenario development. _________________ 16 Commission Recommendation of 28.9/2021 on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond, COM (2021) 7014 final
Amendment 292 #
2021/0425(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. The rules for natural gas, including LNG, established by this Directive shall also apply in a non- discriminatory way to biogas, biomethane and gas from biomass or other types of gas, insofar as such gases can technically and safely be injected into, and transported through, the natural gas system. The rules for natural gas established by this Directive also apply to hydrogen insofar as it is injected into the natural gas system.
Amendment 365 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 24 a (new)
Article 2 – paragraph 1 – point 24 a (new)
(24 a) ‘hydrogen supply undertaking’ means any natural or legal person who carries out the function of hydrogen supply;
Amendment 375 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 53
Article 2 – paragraph 1 – point 53
(53) ‘entry-exit system’ means the aggregation of all transmission and distribution systems or all hydrogen networks to which one specific balancing regime applies;
Amendment 376 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 54
Article 2 – paragraph 1 – point 54
(54) ‘balancing zone’ means an entry- exit system to which a specific balancing regime is appliescable and which may include distribution systems or part of them;
Amendment 378 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 56
Article 2 – paragraph 1 – point 56
(56) ‘entry point’ means a point subject to booking procedures by network users or producers providing access to an entry-exit system., enabling gas flows in the entry- exit system;
Amendment 379 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 57
Article 2 – paragraph 1 – point 57
(57) ‘exit point’ means a point subject to booking procedures by network users or final customers providing access to an entry-exit system, enabling gas flows out of the entry exit system .;
Amendment 417 #
2021/0425(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that energy undertakings are subject to transparent, proportionate and non- discriminatory rules, fees and treatment, in particular with respect to connection to the network, access to wholesale markets, access to data, switching processes and billing regimes and, where applicable, licensing.
Amendment 420 #
2021/0425(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a EU indicative greenhouse gas intensity reduction target of the 2030 gas supply 1. In order to promote the production of renewable and low carbon gaseous energy the European Commission shall define by 31 December 2023 by means of a Delegated Act, an indicative EU level target for the reduction of the greenhouse gas intensity of gas consumed in the EU by 2030 compared to 2018 level. The Delegated Act should also specify the methodology for calculating the achievement of the target. 2. When setting the indicative target, the Commission shall take into account the combined ambition of the Renewable Energy Directive and REPowerEU as well as requirements of security of supplies and quality requirements for cross-border transmission of natural gas. 3. Member States shall collectively aim at ensuring that the EU indicative greenhouse gas intensity reduction target is met and define by August 2024 their individual national contribution towards the achievement of the target in their National Energy and Climate Plan. 4. When setting their individual national contribution towards the EU level, Member States may do so, by mean of measures such as volumes, energy content or greenhouse gas emissions and shall establish differentiated sectorial approaches. They shall also take into account necessary quality requirements.
Amendment 428 #
2021/0425(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States may apply public interventions in the price setting for the supply of natural gas to energy poor or vulnerable household customers or protected customers as defined in Regulation(EU) 2017/1938. Such public interventions shall be subject to the conditions set out in paragraphs 4 and 5. In the event of unprecedented price increase, interventions that comply with the criteria set out in paragraphs 4 and 5 could be expanded to other limited number of customer groups in order to avoid significant impact on the society.
Amendment 479 #
2021/0425(COD)
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Member States shall ensure that authorisations under national law for the construction and operation of natural gas pipelines and other network assets used for the transport of natural gas shall apply also to pipelines and network assets for the transport ofatural gas infrastructure assets, including network assets, shall apply also to pipelines and other infrastructure assets, including network assets, for hydrogen.
Amendment 483 #
2021/0425(COD)
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States shall ensure that existing contractual land-use rights for the construction and operation of natural gas pipelines and other assets, including network assets, shall be understood as encompassing alsapplied to pipelines and other assets, including network assets, for the transport of hydrogen.
Amendment 505 #
2021/0425(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The obligations laid down in paragraph 2 shall apply regardless of whether low carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of low carbon fuels or low carbon hydrogen per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis. Information on the level of the GHG emissions reduction achieved by the low-carbon hydrogen may be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and may be updated on an annual basis.
Amendment 513 #
2021/0425(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By 31 December 2024month after the entry into force of this Directive, the Commission shall adopt delegated acts in accordance with Article 83 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from low carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for carbon dioxide the capture of which has already received an emission credit under other provisions of law and that it is designed in a technology neutral manner, taking into consideration also a positive impact of carbon capture technologies.
Amendment 542 #
2021/0425(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11 a Fuel switch 1. Where governments or local heating and cooling plans laid out in Article 52a require final customers to switch from individual fossil fuel heating installations to alternative individual heat sources or district heating, Member States shall ensure that final customers are fully informed by the initiating organisation of any fuel switches, and shall ensure that the initiating organisation provides that information sufficiently in advance of any planned switch. 2. The initiating organisation shall provide final customers with a roadmap for the transfer from individual fossil fuel heating installations to alternative individual heat sources or district heating, including the procedure and the relevant timeline. 3. Member States shall ensure that final customers receive information on options to prepare or adapt their homes and on any support available to manage the costs associated with the planned fuel switch or a district heating connection. 4. Discrimination and cross-subsidisation between different categories of customers and between energy carriers shall be avoided when carrying out a fuel switch or a district heating connection. 5. Member States shall ensure that measures are put in place to mitigate and resolve any inequities resulting from policies to decarbonise the energy system. 6. Member States shall take all measures necessary to ensure that fuel switches or a district heating connections implemented pursuant to this Article have no adverse effect on final customers, vulnerable customers, people affected by or at risk of energy poverty and people living in social housing. Where applicable, Member States shall make the best possible use of funding, including public funding and funding facilities established at Union level, with the aim of removing adverse effects and ensuring a just and inclusive energy transition.
Amendment 626 #
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 that, insofar as it is technically possible, financially reasonable and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption.
Amendment 639 #
2021/0425(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
Amendment 641 #
2021/0425(COD)
Proposal for a directive
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Member States shall ensure that grid access costs to distribution, transmission and hydrogen transport for renewable gas production do not create an economic barrier for renewable gas project developers. For this purpose, these costs shall be shared between project developers and the appropriate transmission or distribution system operators. The regulatory authority shall define the level of costs that these operators must cover and are allowed to cover. It shall set out rules to ensure that, in the case one grid connection is expected to be used for several renewable gas production facilities with different timeframe of commissioning, the costs of such grid connection is not borne only by the first renewable gas production facility connected to it.
Amendment 646 #
2021/0425(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall ensure the implementation of a system of third party access to the transmission and distribution system, and LNG facilities based on published tariffs, applicable to all customers, including supply undertakings, and applied objectively and without discrimination between system users. Member States shall ensure that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by a regulatory authority referred to in Article 70 and that those tariffs — and the methodologies, where only methodologies are approved — are published prior to their entry into force. Tariff discounts can be granted only if so provided so by Union or Member States' legislation.
Amendment 666 #
2021/0425(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
Amendment 667 #
2021/0425(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
Member States shall ensure the implementation of a system of negotiated or regulated third party access to hydrogen storage, and line pack when technically and/or economically necessary for providing efficient access to the system for the supply of customers, as well as for the organisation of access to ancillary services, based on published tariffs and applied objectively and without discrimination between any hydrogen system users. Member States shall ensure if there is not a contractual basis that those tariffs, or the methodologies underlying their calculation, are approved prior to their entry into force in accordance with Article 72 by the regulatory authority.
Amendment 699 #
2021/0425(COD)
Proposal for a directive
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2 a. For the purpose of swift implementation of grid connection of renewable gas production, including biomethane production, Member States shall ensure that: (a) the transmission system operator and the hydrogen network operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t); (b) permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity and that do not create a hurdle to the achievement of the national renewable energy target.
Amendment 716 #
2021/0425(COD)
Proposal for a directive
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
For the purpose of swift implementation of grid connection of renewable gas production, including biomethane production, Member States shall ensure that: a) the distribution system operator comply with time limits to assess the requests for injection of renewable gases, make an offer and implement the connection, with monitoring of the national regulatory authority in line with Article 72(t); b) permitting procedures for the implementation of the connection are not hampered by lack of administrative capacity and that do not create a hurdle to the achievement of the national renewable energy target.
Amendment 724 #
2021/0425(COD)
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
Amendment 758 #
2021/0425(COD)
Proposal for a directive
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Such intergovernmental agreement may contain, as appropriate, rules specifying the implementation of the requirements of third-party access, tariff regulation and on the unbundling of the operator of the hydrogen interconnector, as well as rules on the certification of renewable and low-carbon hydrogen, including rules ensuring the collection of required data and the application of the criteria for accounting hydrogen produced from electricity as renewable hydrogen or for accounting low-carbon hydrogen.
Amendment 774 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. At least every two years , all transmission system operators and all hydrogen transmission network operators shall submit to the relevant regulatory authority a ten- year network development plan based on existing and forecast supply and demand after having consulted all relevant stakeholders. There shall be at least one single network development plan for gas and hydrogen per Member State. Infrastructure operators, including LNG terminal operators, storage operators, distribution system operators as well as hydrogen, district heating infrastructure and electricity operators shall be required to provide and exchange all relevant information to the transmission system operators required for developing the single plan. That network development plan shall contain efficient measures in order to guarantee the adequacy of the natural gas system and the hydrogen networks as well as the security of supply , in particular the compliance with the infrastructure standards under Regulation (EU) 2017/1938. The ten-year network development plan shall be published and accessible on a website .
Amendment 781 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
(a) contain the main infrastructure that needs to be built or upgraded over the next ten years, including infrastructure developed by distribution system operators to enable reverse flows to the transmission network;
Amendment 793 #
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; andrepurposed for the transport of hydrogen;
Amendment 809 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 2 – point e
Article 51 – paragraph 2 – point e
(e) be based on a joint scenario framework developed between the relevant infrastructure operators, including relevant distribution system operators, of at least gas, hydrogen and electricity;
Amendment 821 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. When elaborating the ten-year network development plan, the transmission system operators and the hydrogen transmission network operators shall fully take into account the potential for alternatives to system expansion, for instancein particular, repurposing of infrastructure as well as the use of demand response, as well asnd expected consumption following the application of the energy efficiency first principle, trade with other countries and the Union-wide network development plan. The transmission system operators and the hydrogen transmission network operators shall assess how to address, where possible, a need across electricity and gases systems including information on the optimal location and size of energy storage and power to gas assets . The transmission system operator shall also make reasonable assumptions about the evolution of the production, supply, consumption and exchanges with other countries.
Amendment 834 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 5 – introductory part
Article 51 – paragraph 5 – introductory part
5. The regulatory authority shall examine whether the ten-year network development plan covers all investment needs identified during the consultation process, and whether it is consistent with the most recent Union wide simulation of disruption scenarios carried out by the ENTSO for GasG&H under Article 7 of Regulation (EU) 2017/1938, with the regional and national risk assessments and the non-binding Union -wide ten-year network development plan ( Union -wide network development plan) referred to in Article 30(1), point (b), of Regulation (EU) 2019/943 . If any doubt arises as to the consistency with the Union -wide network development plan, the regulatory authority shall consult ACER . The regulatory authority may require the transmission system operator or the hydrogen transmission network operator to amend its ten-year network development plan.
Amendment 839 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 7 – introductory part
Article 51 – paragraph 7 – introductory part
7. In circumstances where the independenttransmission system operator or independthe hydrogent transmission network operator , other than for overriding reasons beyond its control, does not execute an investment, which, under the ten-year network development plan, was to be executed in the following three years, Member States shall ensure that the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made if such investment is still relevant on the basis of the most recent ten-year network development plan:
Amendment 841 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 7 – point a
Article 51 – paragraph 7 – point a
(a) to require the transmission system operator or the hydrogen transmission network operator to execute the investments in question;
Amendment 844 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 7 – point c
Article 51 – paragraph 7 – point c
(c) to oblige the transmission system operator or the hydrogen transmission network operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital.
Amendment 847 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 1 – introductory part
Article 51 – paragraph 7 – subparagraph 1 – introductory part
Where the regulatory authority has made use of its powers under point (b) the first subparagraph, it may oblige the transmission system operator or the hydrogen transmission network operator to agree to one or more of the following:
Amendment 851 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 7 – subparagraph 2
Article 51 – paragraph 7 – subparagraph 2
The transmission system operator or the hydrogen transmission network operator shall provide the investors with all information needed to realise the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment project.
Amendment 863 #
2021/0425(COD)
Proposal for a directive
Article 52 – paragraph 1 – introductory part
Article 52 – paragraph 1 – introductory part
1. HydrogeUntil no later than 1 January 2031, hydrogen transmission network operators shall submit to the regulatory authority, at regular intervals as determined by that authority, an overview of the hydrogen network infrastructure they aim to develop. That overview shall in particular:
Amendment 871 #
2021/0425(COD)
Proposal for a directive
Article 52 – paragraph 1 – point b a (new)
Article 52 – paragraph 1 – point b a (new)
(b a) include informationon the location of industrial customers and hydrogen production units;
Amendment 873 #
2021/0425(COD)
Proposal for a directive
Article 52 – paragraph 1 – point c
Article 52 – paragraph 1 – point c
(c) be in line with the integrated national energy and climate plan and its updates, and with the integrated national energy and 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 and be consistent with the Union-wide ten-year network development plan for gas and hydrogen as set out in Article 23[recast Gas Regulation as proposed in COM(2021) xxx].
Amendment 881 #
2021/0425(COD)
Proposal for a directive
Article 52 – paragraph 5
Article 52 – paragraph 5
5. Hydrogen network operators shall publish on a regular basiat least every two years a joint report on the development of the hydrogen system based on the overview submitted to the regulatory authority. They shall take the examination of the regulatory authority under paragraph 4 into account. The regulatory authority may issue an opinion on the report, assess its consistency with the Union-wide ten-year-development plan, and recommend amendments.
Amendment 882 #
2021/0425(COD)
Proposal for a directive
Article 52 – paragraph 6
Article 52 – paragraph 6
6. Member States may decide to apply the requirements pursuant to Article 51 to hydrogen network operators. As from 1 January 2031 an integrated network development plan for gas and hydrogen pursuant to the process set out in Article 51 shall be mandatory for hydrogen transmission network operators and transmission system operators. If Member States opt for a system of regulated third party access to hydrogen networks in accordance with Article 31, the requirements pursuant to Article 51 shall apply immediately.
Amendment 885 #
2021/0425(COD)
Proposal for a directive
Article 52 a (new)
Article 52 a (new)
Article 52 a European Hydrogen Infrastructure Targets The European Commission shall identify, togetherwith the Member States, and after having consulted the gas infrastructureoperators, the High-Level Regional Groups and other relevant stakeholders, anumber of European hydrogen infrastructure targets (including those related tohydrogen networks, hydrogen storage and hydrogen import terminals) toensure that the hydrogen corridors identified in the REPowerEU Plan are putinto operation not later than 2030.
Amendment 893 #
2021/0425(COD)
Proposal for a directive
Article 53 – paragraph 5
Article 53 – paragraph 5
Amendment 895 #
2021/0425(COD)
Proposal for a directive
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 899 #
2021/0425(COD)
Proposal for a directive
Article 53 – paragraph 7
Article 53 – paragraph 7
Amendment 902 #
2021/0425(COD)
Proposal for a directive
Article 53 – paragraph 8
Article 53 – paragraph 8
Amendment 903 #
2021/0425(COD)
Proposal for a directive
Article 53 – paragraph 9
Article 53 – paragraph 9
Amendment 949 #
2021/0425(COD)
Proposal for a directive
Article 66 – paragraph 8 a (new)
Article 66 – paragraph 8 a (new)
8 a. Adoption of the final decision on the certification of a transmission system operator for the transmission line between a Member State and a third country located in territorial sea of that Member State shall take place no later than 2 years from the date on which certification was requested by a transmission system owner or a transmission system operator or from the date of the opening of the procedure on the basis of paragraphs 1 and 2. The deadline for the final decision remains binding, also in spite of any formal defects in the request. Where two or more requests in respect to the same transmission line or its sections were submitted, the deadline set out in the first subparagraph runs from the day of submitting the first request.
Amendment 950 #
2021/0425(COD)
Proposal for a directive
Article 66 – paragraph 10 a (new)
Article 66 – paragraph 10 a (new)
Amendment 951 #
2021/0425(COD)
Proposal for a directive
Article 66 – paragraph 11 a (new)
Article 66 – paragraph 11 a (new)
11 a Where the obligation referred in paragraph 11 was not fulfilled, the regulatory authority of the Member State where territorial sea transmission line or its section is located, obliges the owner to decommission the infrastructure within six months from the decommissioning deadline referred to in paragraph 11. In the event of failure to meet this deadline, the regulatory authority of the relevant Member State shall, in cooperation with the competent national authorities, decommission the gas transmission line or its section.
Amendment 952 #
2021/0425(COD)
11 b Where the transmission line concerned is located in the territorial sea of more than one Member State, the obligations in paragraph 11 and 12 are performed in the territory of the Member State where the first connection point of such transmission line with a Member State’s network is located. The necessary decisions and actions in this regard shall be taken by the regulatory authority of the Member State where the first connection point with the Member State’s network is located.
Amendment 961 #
2021/0425(COD)
Proposal for a directive
Article 71 – paragraph 1 – point e
Article 71 – paragraph 1 – point e
(e) promoting connection and facilitating access to the network for new production capacity, in particular removing barriers that could prevent connection and access for new market entrants and of gas and hydrogen from renewable sources;
Amendment 1010 #
2021/0425(COD)
Proposal for a directive
Article 74 – paragraph 6 a (new)
Article 74 – paragraph 6 a (new)
6 a. Regulatory authorities shall cooperate with transmission system operators and with ENTSOG for the purpose of sharing information in case of suspect breach of a legal obligation by network users in accordance with Article 2(5) of Regulation (EU) 312/2014.
Amendment 1024 #
2021/0425(COD)
Proposal for a directive
Article 89 – paragraph 1
Article 89 – paragraph 1
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. The provisions of this Directive as amended shall apply to certification procedures initiated and not completed before the date of entry into force of this Directive.
Amendment 1031 #
2021/0425(COD)
Proposal for a directive
Annex I – point 5 – paragraph 4
Annex I – point 5 – paragraph 4
The disclosure of the share of renewable and low-carbon gas purchased by the final customers shall be done by using guarantees of origin.
Amendment 143 #
2021/0424(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
Amendment 220 #
2021/0424(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 342 #
2021/0424(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Facilitating biomethane connections and potential analysis 1. 1 year after the entry into force of the Regulation, Member States shall establish regional maps, identifying the areas with the highest potential for sustainable biogas and biomethane production and that fulfil the Union sustainability criteria within the meaning of Directive (EU) 2018/2001 due to the availability of raw materials, such as waste or residues, and existing operating biogas or biomethane plants. 2. Distribution system operators and transmission system operators shall be obliged to map connection potentials based on existing and expected capacity to facilitate connection requests, taking into consideration the potential for an increase of sustainable biogas and biomethane production provided on the basis of paragraph 1.
Amendment 477 #
2021/0424(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Distribution system operators operating a natural gas system or hydrogen network shall cooperate at Union level through the European entity for distribution system operators (‘EU DSO entity’) set up in accordance with Articles 52 to 57 of Regulation (EU) 2019/943 of the European Parliament and of the Council12 , in order to promote the completion and functioning of the internal market for natural gas and hydrogen and to promote optimal management and a coordinated operation of distribution and transmission systems. . _________________ 12 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).
Amendment 488 #
2021/0424(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The rules and procedures on the participation of distribution system operators in the EU DSO entity pursuant to Article 54 of Regulation (EU) 2019/942 shall also apply to distribution system operators operating a natural gas system or hydrogen network.
Amendment 490 #
2021/0424(COD)
Proposal for a regulation
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1 a. The governance rules and structures of the EU DSO Entity shall guarantee a fair and balanced representation for gas and hydrogen distribution system operators.
Amendment 493 #
2021/0424(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The Strategic Advisory Group pursuant to Article 54(2), point (f), of Regulation (EU) 2019/942 shall also consist of representatives of associations representing European distribution system operators solely operating a natural gas system or hydrogen network.
Amendment 494 #
2021/0424(COD)
Proposal for a regulation
Article 37 – paragraph 3 – introductory part
Article 37 – paragraph 3 – introductory part
3. By [one year after entry into force] the EU DSO entity shall submit to the Commission and to ACER draft updated statutes, including a code of conduct, a list of registered members, draft updated rules of procedure, including rules of procedures on the consultation with the ENTSO for Electricity, the ENTSO for GasG&H and other stakeholders, and draft updated financing rules. .
Amendment 497 #
2021/0424(COD)
Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1
Article 37 – paragraph 3 – subparagraph 1
The draft updated rules of procedure of the EU DSO entity shall ensure balanced representation of all participating distribution system operators, including those solely owning or operating natural gas systems or hydrogen network.
Amendment 502 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. The EU DSO entity shall exercise the tasks listed in Article 55(1) points (a) to (e) of Regulation (EU) 2019/943 and undertake the activities listed in Article 55(2) points (c) to (e) of that Regulation also as regards those distribution networks which are part of the natural gas system. or hydrogen network.
Amendment 514 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point a
Article 38 – paragraph 3 – point a
(a) cooperate with the ENTSO for GasG&H on the monitoring of the implementation of the network codes and guidelines adopted pursuant to this Regulation which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks;
Amendment 515 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
(b) cooperate with the ENTSO for GasG&H and adopt best practices on the coordinated operation and planning of transmission and distribution systems including issues such as exchange of data between operators and coordination of distributed energy resources;
Amendment 517 #
2021/0424(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point c
Article 38 – paragraph 3 – point c
(c) work on identifying best practices for the implementation of the results of the assessments pursuant to Article 23(1a) [proposal for REDIII] and Article 23 [proposal for revised EED] and for the cooperation between operators of electricity distribution networksystems, of natural gas distribution systems, of hydrogen distribution networks and of district heating and cooling systems including for the purpose of the assessment pursuant to Article 24(8) [proposal for REDIII].
Amendment 626 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 3 a (new)
Article 67 – paragraph 1 – point 3 a (new)
Regulation (EU) 2017/1938
Article 3 – paragraph 5
Article 3 – paragraph 5
"5. The Commission shall coordinate the action of the competent authorities at regional and Union levels, pursuant to this Regulation, inter alia, through the GCG or, in particular, in the event of a regional or Union emergency pursuant to Article 12(1), through the crisis management group referred to in Article 12(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)4(1a)." Or. en
Amendment 627 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 3 b (new)
Article 67 – paragraph 1 – point 3 b (new)
Regulation (EU) 2017/1938
Article 3 – paragraph 6
Article 3 – paragraph 6
"6. In the event of a regional or Union emergency, the transmission system operators shall cooperate and exchange information using the ReCo System for Gas established by ENTSOG. ENTSOG shall inform the Commission, the crisis group and the competent authorities of the Member States concerned accordingly. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 628 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 3 c (new)
Article 67 – paragraph 1 – point 3 c (new)
Regulation (EU) 2017/1938
Article 4
Article 4
"1. A Gas Coordination Group (GCG) shall be established to facilitate the coordination of measures concerning the security of gas supply. The GCG shall be composed of representatives of the Member States, in particular representatives of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the ‘Agency’), ENTSOG and representative bodies of the industry concerned and those of relevant customers. The Commission shall, in consultation with the Member States, decide on the composition of the GCG, ensuring it is fully representative. The Commission shall chair the GCG. The GCG shall adopt its rules of procedure. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)1a. A crisis group, chaired by the Commission, shall be established as a permanent sub-group of the GCG in order to facilitate the coordination of relevant actors and resolve security of supply crises. The crisis group shall be composed of representatives of the Member States, of the Agency and of ENTSOG. Where necessary, the Commission may also invite other relevant stakeholders. The members of the crisis group shall be expert in gas infrastructure, they shall be reachable and shall be able to be convened at any moment. The crisis group shall be able to act in the event of a crisis as long as half its members are present. It shall be equipped with the necessary tools in order to exercise a crisis coordination role. The Commission shall be empowered to specify, via a delegated act adopted in accordance with Article 19, the list of tools necessary to the crisis group to exercise its coordination role. 1b. The crisis group shall: (a) maintain channels of communications open with all relevant actors of the security of supply in natural gas including, Member States’ competent authorities, representatives of the Energy Community, TSOs, the risk groups listed in Annex I, Regional Coordination (ReCo) teams; (b) receive a copy of all national definitions of protected customers established pursuant to Article 6, common risk assessment carried out pursuant to Article 7, national emergency and preventative actions plans drafted pursuant to Article 8, lists of critical gas- fired power plants established pursuant to Article 11, and solidarity agreements concluded pursuant to Article 13, as well as any other relevant documents drafted pursuant to this Regulation; (c) cooperate with the Commission and, where relevant, the Member States or their relevant authorities in order to address and mitigate any crisis." Or. en
Amendment 633 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 7 a (new)
Article 67 – paragraph 1 – point 7 a (new)
Regulation (EU) 2017/1938
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
"4. The competent authorities shall report regularly to the GCG and the crisis group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans, in particular the regional chapters. In particular, competent authorities shall agree on a cooperation mechanism for the preparation of the preventive action plan and the emergency plan, including the exchange of draft plans. They shall report to the GCG and the crisis group on such agreed cooperation mechanism 16 months before the deadline for agreement of those plans and the updates of those plans. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 660 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 12 – point a – point iii a (new)
Article 67 – paragraph 1 – point 12 – point a – point iii a (new)
Regulation (EU) 2017/1938
Article 11 – paragraph 2
Article 11 – paragraph 2
"2. When the competent authority declares one of the crisis levels referred to in paragraph 1, it shall immediately inform the Commission, the crisis group, as well as the competent authorities of the Member States with which the Member State of that competent authority is directly connected and provide them with all the necessary information, in particular with information on the action it intends to take. In the event of an emergency which may result in a call for assistance from the Union and its Member States, the competent authority of the Member State concerned shall without delay notify the Commission's Emergency Response Coordination Centre (ERCC). (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN) and the crisis group." Or. en
Amendment 661 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 13 a (new)
Article 67 – paragraph 1 – point 13 a (new)
Regulation (EU) 2017/1938
Article 12 – paragraph 2
Article 12 – paragraph 2
"2. The Commission shall convene the GCG and the crisis group as soon as it declares a regional or Union emergency (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 662 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 13 b (new)
Article 67 – paragraph 1 – point 13 b (new)
Regulation (EU) 2017/1938
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
"3. In a regional or Union emergency, the Commission shall coordinate together with the crisis group the action of the competent authorities, taking full account of relevant information from, and the. The Commission shall ensure that the GCG is informed resgults of, the consultation of the GCG. In particular, the Commission shall: (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)arly about the work undertaken by the crisis group. In particular, the Commission shall:" Or. en
Amendment 663 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 13 c (new)
Article 67 – paragraph 1 – point 13 c (new)
Regulation (EU) 2017/1938
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 664 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 15 a (new)
Article 67 – paragraph 1 – point 15 a (new)
Regulation (EU) 2017/1938
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
"2. In the event of a regional or Union emergency, the Commission may request that the competent authority referred to in paragraph 1 provide it and the crisis group without delay with at least: (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 665 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 15 b (new)
Article 67 – paragraph 1 – point 15 b (new)
Regulation (EU) 2017/1938
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
"The Commission shall analyse the assessments of the competent authorities and shall inform the crisis group, the Member States, the European Parliament and the GCG of the results of its analysis in an aggregated form. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 666 #
2021/0424(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point 15 c (new)
Article 67 – paragraph 1 – point 15 c (new)
Regulation (EU) 2017/1938
Article 14– paragraph 6 – subparagraph 2
Article 14– paragraph 6 – subparagraph 2
"The competent authority shall notify the data listed in point (a) of the first subparagraph to the Commission and to the crisis group in an anonymised form. In the event of new contracts being concluded or changes being made to existing contracts, the whole set of data shall be notified by the end of September of the relevant year. Where the competent authority has doubts whether a given contract obtained under point (b) of the first subparagraph puts the security of gas supply of a Member State or a region at risk, it shall notify the contract to the Commission. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
Amendment 148 #
2021/0423(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to define the elements of the phase out of venting and flaring in coking coal mines, 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 to supplement this Regulation by setting out restrictions on venting methane from ventilation shafts for coking coal mines. In addition, in order to allow for further information to be required from importers, as proved necessary, 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 to supplement this Regulation by amending or adding to the information to be provided by importers. 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.
Amendment 866 #
2021/0423(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
Amendment 890 #
2021/0423(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 903 #
2021/0423(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Venting and flaring of methane from drainage stations shall be prohibited from [1 January 2025], except in the case of an emergency, a malfunction or where unavoidable and strictly necessary for maintenance. In such cases, drainage station operators shall vent only if flaring is not technically feasible or risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 23, drainage station operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.
Amendment 910 #
2021/0423(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 1047 #
2021/0423(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. A delegated act adopted pursuant to Articles 8(5), 22(3) and 27(1) 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 171 #
2021/0218(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The potential of grid-balancing power plants and cogeneration plants that participate in grid-balancing in support of intermittent renewable electricity and thus allowing the expansion of such renewable electricity, should be fully utilised.
Amendment 521 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive (EU) 2018/2001
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
With regard to the first subparagraph, point (a), (b), or (c), gas and electricity from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. Energy produced from renewable fuels of non-biological origin shall be accounted in the sector - electricity, heating and cooling or transport - where it is consumed. For the purposes of point (b), Member State may decide to count renewable fuels and electricity produced from renewable sources and used for the production of heat and cold in the heating and cooling sector in accordance with Article 23(7) and 24(4b). Renewable fuels and electricity counted towards point (b) shall not be taken into account for the purposes of achieving the goals set out in point (a) of the first subparagraph of paragraph 1 of this Article. Where Member State decide to count renewable fuels and electricity produced from renewable sources towards point (b) it will notify this to the Commission one year before the introduction of such mechanism.
Amendment 574 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c b (new)
Article 1 – paragraph 1 – point 5 – point c b (new)
(cb) Member States shall ensure that applicants are allowed to submit all relevant documents also in digital form. If an applicant makes use of the digital application option, the entire permitting process including the administrative internal processes needs to be carried out digitally. Member States shall further ensure the digitalization of the public hearings and the participation procedures.
Amendment 723 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
(9b) Article 20 - new paragraph 4 Member States shall, where relevant, take the necessary actions to integrate intermittent renewable electricity in the grid while ensuring grid stability and security of supply. Such actions can relate to the development of solutions such as storage facilities and grid-balancing power plants and cogeneration plants, that participate in grid-balancing in support of intermittent renewable electricity.
Amendment 822 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
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, including waste heat and cold, in that sector by at leastn indicative 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 833 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Amendment 841 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Amendment 900 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)
Article 1 – paragraph 1 – point 12 – point d a (new)
Directive (EU) 2018/2001
Article 23 – paragraph 7 a (new)
Article 23 – paragraph 7 a (new)
Amendment 917 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Directive (EU) 2018/2001
Article 24 – paragraph 4 – subparagraph 1
Article 24 – paragraph 4 – subparagraph 1
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 2n indicative 1.1 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 thintroduce appropriate measures necessary to that end. The national indicative 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 929 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point c
Article 1 – paragraph 1 – point 13 – point c
Directive (EU) 2018/2001
Article 24 – paragraph 4 b (new)
Article 24 – paragraph 4 b (new)
4a a. For the purposes of calculating the renewable fuels and electricity produced from renewable sources and used for the production of heat and cold in district heating and cooling towards the implementation of the minimum share referred to in paragraph 4, the rules set out in Article 23(7) apply.
Amendment 79 #
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 indo not achieve the same level of climate ambition, there is a risk of carbon leakage, which would undermine the Union’s competitiveness on global markets. 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-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 100 #
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 addressing risks ofpreventing carbon leakage resulting from the increased Union climate ambition.
Amendment 109 #
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. Free allocation at the level of best performers has been an adequate policy instrument for certain industrial sectors to address the risk of carbon leakage in the absence of a fair level playing field.
Amendment 117 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks tointends to complement and 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. 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. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAMshould be phased out only after a comprehensive transitional period between 2026 and 2030 and once the CBAM has proven to be efficient, fit for purpose, operational and tested to mitigate the risk of carbon leakage. The combined application of EU ETS allowances allocated free of charge and of the CBAM is needed to allow producers, importers and traders to adjust to the new regime and to assess the effective implementation of the CBAM but should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union as continuous trade with third countries are essential for the Union and its diversified supply chains.
Amendment 134 #
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, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. The CBAM hence might be an effective measure to lower emissions in third countries while ensuring European industry competitiveness. Reducing emissions in the Union as well as in third countries is an effective way to reduce the risk of carbon leakage. The CBAM should be seen as a step towards global pricing on carbon emissions which would further reduce the risk of carbon leakage globally.
Amendment 142 #
2021/0214(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) While the surrendering of CBAM certificates for EU importers addresses the risk of carbon leakage on the EU market, it is essential that the CBAM would also seek to reduce the possibility of European low-carbon exports being replaced by carbon-intensive items on third country markets or by goods that are not subject to equivalent climate policy and carbon costs, undermining the goal of lowering global emissions. It is therefore necessary to continue addressing the risk of carbon leakage associated with European exports to third countries that have not yet limited or priced GHG emissions at the same levels as the EU.
Amendment 149 #
2021/0214(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility and industrial competitiveness.
Amendment 151 #
2021/0214(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) As CBAM is a mechanism that addresses the risk of carbon leakage on the EU market for EU imports, it is essential to avoid the risk that EU exports are replaced by more carbon intensive goods on the global market. Hence, the Commission shall analyse its implementation and effectiveness throughout the administrative transitional period and shall by the end of this period submit a report to the European Parliament and Council that specifies the carbon leakage risk on export markets accompanied with a proposal preventing the carbon leakage risk on export markets with safeguards of products intended for exports, such as export rebates.
Amendment 166 #
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 athe administrative transitional period and upon further assessment on the impact on carbon leakage for energy-intensive sectors with a withdrawal of EU ETS compensation, as well to indirect emissions, mirroring the scope of the EU ETS.
Amendment 173 #
2021/0214(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) However, while the EU ETS sets an absolute cap on the GHG emissions from the activities under its scope and allows tradability of allowances (so called ‘cap and trade system’), the CBAM shouldmust not establish quantitative limits to import, so as to ensure that trade flows are not restricted or disrupted. Moreover, while the EU ETS applies to installations based in the Union, the CBAM should be applied to certain goods imported into the customs territory of the Union to ensure a level playing field and prevent the risk of carbon leakage while ensuring compatibility with WTO.
Amendment 189 #
2021/0214(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In terms of sanctions, Member States should apply penalties to infringements or circumvention practises of this Regulation and ensure that they are implemented. The amount of those penalties should be identical to penalties currently applied within the Union in case of infringement of EU ETS according to Article 16(3) and (4) of Directive 2003/87/EC.
Amendment 193 #
2021/0214(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broader product coverage, it would beis prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. The Commission should consider to further extend the scope of included goods, when CBAM is proven efficient to reduce carbon leakage for the sectors included in Annex I of this Regulation. A proposal of the inclusion of finished goods shall be presented by the Commission before the comprehensive transitional period. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 . __________________ 42Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 200 #
2021/0214(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden for European industry, affected authorities, companies and SMEs. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort.
Amendment 221 #
2021/0214(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) As importers of goods covered by this Regulation should not have to fulfil their CBAM obligations under this Regulation at the time of importation, specific administrative measures should be applied to ensure that the obligations are fulfilled at a later stage. Therefore, importers should only be entitled to import CBAM goods after they have been granted an authorisation by competent authorities responsible for the application of this Regulation.CBAM Authority (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 236 #
2021/0214(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) To avoid risks of circumvention and improve the traceability of actual CO2 emissions from import of electricity and its use in goods, the calculation of actual emissions should only be permitted through a number of strict conditions. In particular, it should be necessary to demonstrate a firm nomination of the allocated interconnection capacity and that there is a direct contractual relation between the purchaser and the producer of the renewable and low carbon electricity, or between the purchaser and the producer of electricity having lower than default value emissions. .
Amendment 238 #
2021/0214(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) To reduce the risk of carbon leakage as well as to ensure a level playing field for European industry, all practices of circumvention shall be prohibited. The Commission shall evaluate the risk of circumvention practices, especially the likelihood of modified trade patterns towards downstream products, as well as resource shuffling, cost absorption, manipulation of emissions data, wrongful labelling of goods and slight modifications of the product so as to import a product under a different customs code of all sectors included in Annex I of this Regulation. The Commission shall be empowered to adopt delegated acts to strengthen anti- circumvention measures when appropriate.
Amendment 243 #
2021/0214(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Integration of third countries into the Union electricity market is an important drive for those countries to accelerate their transition to energy systems with high shares of renewable energies. Market coupling for electricity, as set out in Commission Regulation (EU) 2015/122246 , enables third countries to better integrate electricity from renewable and low carbon energies into the electricity market, to exchange such electricity in an efficient manner within a wider area, balancing supply and demand with the larger Union market, and reduce the carbon intensity of their electricity generation. Integration of third countries into the Union electricity market also contributes to the security of electricity supplies in those countries and in the neighbouring Member States. __________________ 46Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24).
Amendment 247 #
2021/0214(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49 a) This Regulation shall progressively enter into force in two steps. Between 2023 and 2025 an administrative transitional period where Articles set out in Article 36 (a) and (c) of this Regulation shall apply. Between 2026 and 2030 a comprehensive transitional period where all Articles set out in Article 36 of this Regulation shall apply. During this period free allocation should remain in place.
Amendment 250 #
2021/0214(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) An administrative transitional period without financial adjustment should apply during the period 2023 until 2025. A CBAM without financial adjustment should applyto 2025, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade and European industry. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the administrative transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
Amendment 257 #
2021/0214(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) A comprehensive transitional period with financial adjustment should apply during the period 2026 to 2030, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disproportionate impacts on European industry.
Amendment 258 #
2021/0214(COD)
Proposal for a regulation
Recital 50 b (new)
Recital 50 b (new)
(50 b) A temporary Carbon Leakage Protection Reserve should be established between 2031 to 2035, linked to the reduction of free allocation. Each year, the free allocation no longer provided to the CBAM sectors, based on the free allocation phase-out calculation, should be placed into the temporary Carbon Leakage Reserve. To this purpose the Commission shall every year, from 2031 to 2035, present to the parliament and Council a report on the effectiveness of this Regulation in lowering carbon leakage. By 28 February, the following year the Commission shall report to the Parliament and the Council on the entry into force of CBAM and its effectiveness during the preceding year. If the assessment is positive, the allowances placed in the reserve should automatically be auctioned. If the assessment proves negative impact on lowering carbon leakage, the allowances placed in the reserve should automatically be returned to industry, to mitigate the risk of carbon leakage.
Amendment 259 #
2021/0214(COD)
Proposal for a regulation
Recital 51
Recital 51
Amendment 265 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the administrative transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope of Annex I to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as finished goods, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 .. The Commission should in particular focus on: (a) the impact on competitiveness of European industry and downstream industry, impact on SMEs, possible disproportionate administrative burden, possible circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050. Accompanied by proposals to avoid negative impact on such sectors; (b) a proposal to avoid possible carbon leakage in export markets; (c) a proposal to extend the scope of this Regulation to finished goods containing goods listed in Annex I; to ensure competitiveness of European manufacturing industry and prevent carbon leakage; __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 275 #
2021/0214(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
Amendment 279 #
2021/0214(COD)
Proposal for a regulation
Recital 52 b (new)
Recital 52 b (new)
(52 b) In case the CBAM is proven not to be efficient in lowering carbon leakage, creates disproportionate disadvantages for European industry or severe shortcomings appear in the implementation of this Regulation during the comprehensive transitional period, the Commission shall present a new or revised legislative proposal aiming at lowering carbon leakage in order for the Union to reach its goal of climate neutrality 2050.
Amendment 280 #
2021/0214(COD)
Proposal for a regulation
Recital 52 c (new)
Recital 52 c (new)
(52 c) If the CBAM is challenged by WTO and as an effect not implemented, the Commission shall present a revised legislative proposal aiming at lowering carbon leakage.
Amendment 282 #
2021/0214(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In light of the above, a dialogue with third countries should continue and there should be space for cooperation and solutions that could inform the specific choices that will be made on the details of the design of the measure during the implementation, in particular during the transitional periods.
Amendment 286 #
2021/0214(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism, provided that they deliver equivalent GHG emissions reductions and carbon costs constraints.
Amendment 293 #
2021/0214(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) In order for CBAM to be efficient in lowering carbon leakage, all possible circumvention practices should be addressed by this Regulation. In order to remedy circumvention of the provisions of this Regulation, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of supplementing the list of goods in Annex I.
Amendment 302 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage from the EU and contribute to the reduction of global carbon emissions.
Amendment 321 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The CBAM shall be compatible with WTO rules.
Amendment 366 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
Amendment 436 #
Amendment 437 #
2021/0214(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 440 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 445 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 449 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The Commission shall appoint the competent authority to perform obligations referred to in Articles 17 to 24 as the CBAM Authority.
Amendment 451 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 458 #
2021/0214(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 460 #
2021/0214(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 468 #
2021/0214(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Amendment 471 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 475 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 478 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 483 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 490 #
2021/0214(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 496 #
2021/0214(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Accounts in the national registries CBAM Registry 1. The CBAM Authority shall assign to each authorised declarant a unique CBAM account number. Each declarant shall be granted access to its account in the CBAM Registry to fulfil its obligations pursuant to Article 10. 2. The CBAM Authority shall set up the account at the time of authorisation and notify the authorised declarant thereof. 3. If the authorised declarant has ceased activity or the CBAM authorisation is withdrawn, the CBAM Authority shall close the account of that declarant. 4. The Commission shall adopt implementing acts laying down procedures concerning the accounts of the CBAM Registry. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).
Amendment 498 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 501 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 503 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 504 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 516 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 523 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point c
Article 17 – paragraph 4 – point c
(c) the CBAM account number in the CBAM Registry.
Amendment 535 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 8 a (new)
Article 17 – paragraph 8 a (new)
8a. The CBAM Authority may verify the accuracy and completeness of the information given by the applicant in accordance with Article 5(3) and the existence, authenticity, accuracy and validity of any supporting document. Such controls may be carried out at the premises of the applicant.
Amendment 539 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 9 a (new)
Article 17 – paragraph 9 a (new)
9a. The Commission shall adopt, by means of implementing acts, the modalities for the application of the criteria referred to in paragraph 1 and for guarantees referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).
Amendment 542 #
2021/0214(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition to paragraph 1, a national accreditation bodThe CBAM Authority may on request accredit a person as a verifier under this Regulation after checking the documentation attesting its capacity to apply the verification principles referred to Annex V to perform the obligations of control of the embedded emissions established in Articles 8, 10 and 38.
Amendment 557 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 560 #
2021/0214(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19 a Revenues The revenues generated by the sale of CBAM certificates shall constitute internal assigned revenue in accordance with Article 21(4) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council . They shall be assigned to cover the costs of the operation and maintenance of the CBAM Authority. Any revenue remaining after covering these costs shall be assigned to the Union budget.
Amendment 585 #
2021/0214(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 598 #
2021/0214(COD)
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5a. As of the initiation of investigations under Articles 28 and 29 and having informed the Member States in due time, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports shall be made subject to registration following a request, from the Union industry, which contains sufficient evidence to justify such action. Imports may also be made subjecte introduced by Commission regulation. Such regulation shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.
Amendment 606 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point f
Article 26 – paragraph 4 – point f
Amendment 616 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation, whether slightly modified or not, stems from a practice, process or work that have has insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation, or undermining their effects, including on overall GHG emissions and on prices of the like products.
Amendment 618 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point 1 (new)
Article 27 – paragraph 2 – point 1 (new)
(1) The practice, processor work referred to in the first subparagraph include, inter alia:
Amendment 619 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 (new)
Article 27 – paragraph 2 – subparagraph 1 (new)
(a) the slight modification of a product to make it fall under another customs code which are not subject to the obligations of this Regulation; b) false declarations regarding identity of the producer, the product concerned, the nature of the product concerned or the production process; (c) the consignment of the product concerned via third countries where no or more favourable obligations apply; (d) the reorganisation by exporters or producers of their patterns and channels of sales in order to avoid obligations of this Regulation, or undermine their effects, for instance via practices of resource shuffling. Resource shuffling shall be defined as any practice, process or work that that have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation, or undermining their effects, without delivering environmental benefits on global GHG emissions; (e) in the circumstances indicated in paragraph 2, the assembly of parts by an assembly operation in the Union or a third country.
Amendment 634 #
2021/0214(COD)
Proposal for a regulation
Chapter VI a (new)
Chapter VI a (new)
Amendment 652 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 667 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. During the comprehensive transitional period, biannual between 2025-2030 and every year thereafter until 2035 the Commission shall evaluate the application of this Regulation and report to the European parliament and the Council. The Commission should in particular focus on: (a) the impact on European industry and downstream industry of sectors listed in Annex I, as well as on SMEs and possible additional administrative burden for SMEs; (b) the effectiveness of this Regulation in reducing carbon leakage and possible circumvention practices; and (c) the impact of CBAM on Union trade of goods listed in Annex I and possible distortion in trade patterns;
Amendment 674 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. In case the CBAM is proven not to be efficient in lowering carbon leakage, the Commission shall present a new or revised legislative proposal aiming at lowering carbon leakage. Once the CBAM has fully demonstrated its WTO- compatibility, its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of European exports, the free allocation received by these sectors should be gradually phased out, however not prior to 2030. This phase-out of free allocation should be kept under review in light of the entry into force and effective implementation of the Carbon Border Adjustment Mechanism.