BETA

1219 Amendments of Jerzy BUZEK

Amendment 14 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 19 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 24 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 31 #

2023/2123(INI)

Motion for a resolution
Subheading -1
Clarifying the role of the Hydrogen Bank as an “Umbrella-scheme”
2023/07/20
Committee: ITRE
Amendment 32 #

2023/2123(INI)

Motion for a resolution
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”;
2023/07/20
Committee: ITRE
Amendment 35 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 37 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 67 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 68 #

2023/2123(INI)

Motion for a resolution
Subheading 1
Financial support for the domestic production of renewable and low-carbon hydrogen
2023/07/20
Committee: ITRE
Amendment 70 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 74 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 75 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 78 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 81 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 83 #

2023/2123(INI)

Motion for a resolution
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”;
2023/07/20
Committee: ITRE
Amendment 90 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 94 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 97 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 106 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 109 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 116 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 125 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 135 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 137 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 143 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 153 #

2023/2123(INI)

Motion for a resolution
Subheading 3 a
Financial support for the transportation of renewable and low-carbon hydrogen
2023/07/20
Committee: ITRE
Amendment 154 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 155 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 156 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 157 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 158 #

2023/2123(INI)

Motion for a resolution
Subheading 4
Streamlining of EU instruments and financial implicationmechanisms
2023/07/20
Committee: ITRE
Amendment 159 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 163 #

2023/2123(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Expresses strong concerns about the overall budget of the EHB compared to the subsidies, incentives and the more attractive investment framework in general for hydrogen projects in other regions of the world, in particular China and the US; encourages the Commission to expand the share of the Innovation Fund dedicated to the EHB and use the midterm review of the multiannual financial framework (MFF) to increase the resources allocated to the EHB;
2023/07/20
Committee: ITRE
Amendment 167 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 168 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 172 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 174 #

2023/2123(INI)

Motion for a resolution
Paragraph 21
21. Expresses concerns about the overall budget of the EHB compared to the subsidies given by economic partners and competitors, in particular China and the USA; encourages the Commission to expand the share of the Innovation Fund dedicated to the EHB and use the midterm review of the multiannual financial framework (MFF) to increase the resources allocated to the EHB;deleted
2023/07/20
Committee: ITRE
Amendment 189 #

2023/2123(INI)

Motion for a resolution
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;
2023/07/20
Committee: ITRE
Amendment 254 #

2023/0081(COD)

Proposal for a regulation
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.
2023/06/23
Committee: ITRE
Amendment 446 #

2023/0081(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
ba) net zero technologies placed on the internal market are subject to mandatory sustainability requirements.
2023/06/23
Committee: ITRE
Amendment 585 #

2023/0081(COD)

Proposal for a regulation
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;
2023/06/23
Committee: ITRE
Amendment 658 #

2023/0081(COD)

Proposal for a regulation
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.
2023/06/23
Committee: ITRE
Amendment 854 #

2023/0081(COD)

Proposal for a regulation
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).
2023/06/23
Committee: ITRE
Amendment 1011 #

2023/0081(COD)

Proposal for a regulation
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).
2023/06/23
Committee: ITRE
Amendment 1161 #

2023/0081(COD)

Proposal for a regulation
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.
2023/06/23
Committee: ITRE
Amendment 1325 #

2023/0081(COD)

Proposal for a regulation
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.
2023/06/23
Committee: ITRE
Amendment 1473 #

2023/0081(COD)

Proposal for a regulation
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.
2023/06/23
Committee: ITRE
Amendment 1521 #

2023/0081(COD)

Proposal for a regulation
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)
2023/06/23
Committee: ITRE
Amendment 1543 #

2023/0081(COD)

Proposal for a regulation
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)
2023/06/23
Committee: ITRE
Amendment 315 #

2023/0079(COD)

Proposal for a regulation
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;
2023/05/26
Committee: ITRE
Amendment 340 #

2023/0079(COD)

Proposal for a regulation
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;
2023/05/26
Committee: ITRE
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;
2023/05/26
Committee: ITRE
Amendment 395 #

2023/0079(COD)

Proposal for a regulation
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;
2023/05/26
Committee: ITRE
Amendment 434 #

2023/0079(COD)

Proposal for a regulation
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.
2023/05/26
Committee: ITRE
Amendment 477 #

2023/0079(COD)

Proposal for a regulation
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;
2023/05/26
Committee: ITRE
Amendment 542 #

2023/0079(COD)

Proposal for a regulation
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;
2023/05/26
Committee: ITRE
Amendment 551 #

2023/0079(COD)

Proposal for a regulation
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.
2023/05/26
Committee: ITRE
Amendment 981 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point a a (new)
(aa) Aluminium alloy
2023/05/30
Committee: ITRE
Amendment 993 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point f a (new)
(fa) Hydrogen - renewable, fossil free and low-carbon
2023/05/30
Committee: ITRE
Amendment 1007 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point j
(j) Natural Graphite - including battery grade graphite with a separate extraction and processing targets
2023/05/30
Committee: ITRE
Amendment 1040 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p a (new)
(pa) Coking coal
2023/05/30
Committee: ITRE
Amendment 1050 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p b (new)
(pb) Erbium
2023/05/30
Committee: ITRE
Amendment 1054 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p c (new)
(pc) Europium
2023/05/30
Committee: ITRE
Amendment 1056 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p d (new)
(pd) Lanthanum
2023/05/30
Committee: ITRE
Amendment 1058 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p e (new)
(pe) Ytterbium
2023/05/30
Committee: ITRE
Amendment 1060 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p f (new)
(pf) Yttrium
2023/05/30
Committee: ITRE
Amendment 1062 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 2
2 Methodology to select strategic raw materials 1. The strategic importance shall be determined based on the relevance of a raw material for the green and digital transition as well as defence and space applications, taking into account: (a) the amount of strategic technologies using a raw material as an input; (b) the amount of a raw material needed for manufacturing relevant strategic technologies; (c) the expected global demand for relevant strategic technologies. 2. The forecasted demand growth (DF/C) shall be calculated as follows: null where: DF is a demand forecast for a raw material for a reference year; GS is the global annual production of a raw material for a reference period. 3. The difficulty of increasing production shall be determined taking into account at least: (a) the current production scale (PS) of a raw material for a reference period, calculated as follows: null where: log10 is a common logarithm; GS is the global annual production of a raw material for a reference period; (b) the reserves-production ratio R/P of a raw material, calculated as follows: null where: R are known reserves of economically extractable geological resources of a raw material; GS is the global annual production of a raw material for a reference period.deleted
2023/05/30
Committee: ITRE
Amendment 252 #

2023/0077(COD)

Proposal for a regulation
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.
2023/05/25
Committee: ITRE
Amendment 303 #

2023/0077(COD)

Proposal for a regulation
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.
2023/05/25
Committee: ITRE
Amendment 427 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) No 2019/943
Article 3 – paragraph 2 a (new)
(2a) In the Article 3 new paragraph 3 is inserted: (3 new) By [3 months of the date of entry into force of this Regulation] the Commission shall present a report that investigates the adequacy of the current electricity market rules in enhancing the competitiveness and facilitating progress towards electrification of sectors which are particularly exposed to international trade and rely heavily on electricity for their value creation. Based on its findings and where appropriate, the European Commission shall put forward a legislative proposal introducing measures to support consumption of cost reflective renewable and low-carbon electricity in those sectors.
2023/05/25
Committee: ITRE
Amendment 594 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
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;
2023/05/25
Committee: ITRE
Amendment 620 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
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.
2023/05/25
Committee: ITRE
Amendment 921 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
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.
2023/05/25
Committee: ITRE
Amendment 937 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
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.
2023/05/25
Committee: ITRE
Amendment 948 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
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.
2023/05/25
Committee: ITRE
Amendment 962 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
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:
2023/05/25
Committee: ITRE
Amendment 976 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – subparagraph (b)
(b) be limited to new investments in non-fossil flexibility such as demand side response, storage and sectorage integration;
2023/05/25
Committee: ITRE
Amendment 983 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – subparagraph (c)
(c) must not imply starting fossil fuel- based generation located behind the metering point;deleted
2023/05/25
Committee: ITRE
Amendment 999 #

2023/0077(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) No 2019/943
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.
2023/05/25
Committee: ITRE
Amendment 195 #

2023/0046(COD)

Proposal for a regulation
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;
2023/07/07
Committee: ITRE
Amendment 197 #

2023/0046(COD)

Proposal for a regulation
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;
2023/07/07
Committee: ITRE
Amendment 198 #

2023/0046(COD)

Proposal for a regulation
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;
2023/07/07
Committee: ITRE
Amendment 202 #

2023/0046(COD)

Proposal for a regulation
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;
2023/07/07
Committee: ITRE
Amendment 216 #

2023/0046(COD)

Proposal for a regulation
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.
2023/07/07
Committee: ITRE
Amendment 245 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point c
(c) the existence of safety and scientifically-based public health concerns;
2023/07/07
Committee: ITRE
Amendment 268 #

2023/0046(COD)

Proposal for a regulation
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:
2023/07/07
Committee: ITRE
Amendment 342 #

2023/0046(COD)

Proposal for a regulation
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.
2023/07/07
Committee: ITRE
Amendment 378 #

2023/0046(COD)

Proposal for a regulation
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;
2023/07/07
Committee: ITRE
Amendment 45 #

2022/2063(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Is dismayed by the delays in the implementation of the blended finance actions under the Accelerator. Emphasises that the delays were completely and only the result of conflicts between different Directorates General of the European Commission about the management of the EIC Fund. Notes in this regard that the projects had been selected and that both the EIB and Investment Committee were ready to process the equity parts of the projects. Notes that conflicts only concerned the equity part of the project and should therefore not have affected the grant agreements. Deplores these internal Commission conflicts put at risk 96 European deep-tech companies. Welcomes that in late June 2022 the Commission seem to have been able to start moving forward with the implementation of these projects. Is dismayed that 51 beneficiaries selected following the October 2021 cut-off were informed in August 2022 that the Commission was not able sign their grant agreement in summer 2022 and that the Commission now hoped to sign in October 2022. Strongly condemns these intolerable delays leading to a time-to-grant of 12 months. Deeply concerned that, except for one exceptional Investment Decision, no decisions for actual investments have been taken by the EIC Fund. Notes that only in the summer of 2022 the Commisison started signing term sheets for beneficiaries selected in 2021 and that most will be signed after summer;1a _________________ 1a https://eic.ec.europa.eu/news/eic- accelerator-implementation-update-2022- 08-05_en
2022/09/09
Committee: ITRE
Amendment 46 #

2022/2063(INI)

Motion for a resolution
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;
2022/09/09
Committee: ITRE
Amendment 106 #

2022/2063(INI)

Motion for a resolution
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/
2022/09/09
Committee: ITRE
Amendment 107 #

2022/2063(INI)

Motion for a resolution
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;
2022/09/09
Committee: ITRE
Amendment 121 #

2022/2063(INI)

Motion for a resolution
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;
2022/09/09
Committee: ITRE
Amendment 125 #

2022/2063(INI)

Motion for a resolution
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;
2022/09/09
Committee: ITRE
Amendment 101 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 109 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 112 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 113 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 113 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 118 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 120 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 126 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 128 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 132 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 134 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 138 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 151 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 156 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 177 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 179 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/14
Committee: ITRE
Amendment 180 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/16
Committee: IMCO
Amendment 193 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 209 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
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.
2022/11/17
Committee: LIBE
Amendment 218 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 222 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 223 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/16
Committee: IMCO
Amendment 226 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 236 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 241 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/16
Committee: IMCO
Amendment 242 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 246 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 253 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 255 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/16
Committee: IMCO
Amendment 255 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 259 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 264 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 266 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 267 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 273 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
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.
2022/11/17
Committee: LIBE
Amendment 275 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 280 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 281 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 281 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 282 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 285 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 286 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 286 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 290 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/16
Committee: IMCO
Amendment 299 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 301 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 302 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point c b (new)
(cb) 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.
2022/11/16
Committee: IMCO
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.
2022/11/17
Committee: LIBE
Amendment 313 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 317 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 320 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 327 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 331 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/14
Committee: ITRE
Amendment 338 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 341 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 343 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 350 #

2022/0047(COD)

Proposal for a regulation
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).
2022/11/17
Committee: LIBE
Amendment 360 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 372 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 380 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 381 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/17
Committee: LIBE
Amendment 382 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
(2 a) obtaining data is necessary for official statistics purposes;
2022/11/17
Committee: LIBE
Amendment 386 #

2022/0047(COD)

Proposal for a regulation
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).
2022/11/16
Committee: IMCO
Amendment 386 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 393 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 404 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 407 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 409 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 419 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 425 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/16
Committee: IMCO
Amendment 426 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
(2a) obtaining data is necessary for official statistics purposes;
2022/11/16
Committee: IMCO
Amendment 428 #

2022/0047(COD)

Proposal for a regulation
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..
2022/11/16
Committee: IMCO
Amendment 431 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 432 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 435 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/17
Committee: LIBE
Amendment 436 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 437 #

2022/0047(COD)

Proposal for a regulation
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;.
2022/11/14
Committee: ITRE
Amendment 438 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/17
Committee: LIBE
Amendment 440 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/17
Committee: LIBE
Amendment 441 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 442 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 443 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 444 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 445 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 447 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 447 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 448 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 449 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 450 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 452 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 452 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 453 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 453 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 459 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 463 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 464 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 466 #

2022/0047(COD)

Proposal for a regulation
Article 21 – paragraph 4 a (new)
4a. 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.
2022/11/16
Committee: IMCO
Amendment 469 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/16
Committee: IMCO
Amendment 472 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 475 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/16
Committee: IMCO
Amendment 479 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 490 #

2022/0047(COD)

Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4 (3) and Article 5 (8);
2022/11/17
Committee: LIBE
Amendment 495 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/11
Committee: IMCO
Amendment 498 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 500 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/11
Committee: IMCO
Amendment 505 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 507 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/14
Committee: ITRE
Amendment 507 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/11
Committee: IMCO
Amendment 510 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/11
Committee: IMCO
Amendment 515 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 526 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 527 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 531 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/11
Committee: IMCO
Amendment 542 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 549 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/11
Committee: IMCO
Amendment 555 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 556 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 564 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 566 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 568 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/11
Committee: IMCO
Amendment 575 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 578 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 588 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 590 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 604 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 615 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 624 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 641 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 643 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 648 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 651 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 654 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 669 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 670 #

2022/0047(COD)

Proposal for a regulation
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)
2022/11/14
Committee: ITRE
Amendment 674 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 692 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 706 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 708 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 720 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 725 #

2022/0047(COD)

Proposal for a regulation
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).
2022/11/14
Committee: ITRE
Amendment 727 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/14
Committee: ITRE
Amendment 733 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 739 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 752 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/14
Committee: ITRE
Amendment 794 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/14
Committee: ITRE
Amendment 795 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
(2 a) obtaining data is necessary for official statistics purposes;
2022/11/14
Committee: ITRE
Amendment 801 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 825 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 832 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e b (new)
(e b) commits that confidentiality of trade secrets disclosure will be ensured.
2022/11/14
Committee: ITRE
Amendment 841 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 847 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point d
(d) concern, insofar as possible, non- personal data;
2022/11/14
Committee: ITRE
Amendment 876 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/14
Committee: ITRE
Amendment 878 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point a
(a) the data is unavailable; or the data holder does not have control over the data
2022/11/14
Committee: ITRE
Amendment 879 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point a a (new)
(a a) provided security measures concerning transfer, storing and maintaining data confidentiality are insufficient.
2022/11/14
Committee: ITRE
Amendment 884 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 894 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 896 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b
(b) implement, insofar as the processing of personal data is necessary, technical and organisational measures that safeguard the rights and freedoms of data subjects;deleted
2022/11/14
Committee: ITRE
Amendment 901 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 905 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 909 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 945 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 946 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 953 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/14
Committee: ITRE
Amendment 958 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 962 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/14
Committee: ITRE
Amendment 963 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/14
Committee: ITRE
Amendment 966 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 968 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 970 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 975 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 981 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 982 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 984 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 988 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 992 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 998 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 1039 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 1066 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 1099 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 1151 #

2022/0047(COD)

Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4(3) and Article 5(8);
2022/11/14
Committee: ITRE
Amendment 26 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 42 #

2021/2012(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the transition to net-zero GHG emissions increases the demand for low-carbon energy;
2021/07/07
Committee: ITRE
Amendment 43 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 45 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 48 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 49 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 50 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 52 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 53 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 54 #

2021/2012(INI)

Motion for a resolution
Recital C k (new)
C k. whereas the vast majority of future offshore renewable energy projects will be funded privately;
2021/07/07
Committee: ITRE
Amendment 55 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 56 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 57 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 58 #

2021/2012(INI)

Motion for a resolution
Recital C o (new)
C o. whereas EU ports play a crucial role in ensuring cost effectiveness of offshore wind;
2021/07/07
Committee: ITRE
Amendment 59 #

2021/2012(INI)

Motion for a resolution
Recital C p (new)
C p. whereas EU ports act as gateways to local development in coastal communities;
2021/07/07
Committee: ITRE
Amendment 60 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 62 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 78 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 103 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 118 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 120 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 121 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 132 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 133 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 135 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 140 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 143 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 155 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 162 #

2021/2012(INI)

Motion for a resolution
Subheading 5
Research and development, innovation & marketscale-up
2021/07/07
Committee: ITRE
Amendment 174 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 181 #

2021/2012(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Notes the Commission and the EIB’s commitment to supporting strategic investment in ORE through InvestEU, including for higher risk investments that advance EU technological leadership;
2021/07/07
Committee: ITRE
Amendment 188 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 189 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 195 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 245 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 247 #

2021/2012(INI)

Motion for a resolution
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;
2021/07/07
Committee: ITRE
Amendment 100 #

2021/2011(INI)

Motion for a resolution
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;
2021/06/23
Committee: ITRE
Amendment 228 #
2021/06/23
Committee: ITRE
Amendment 244 #

2021/2011(INI)

Motion for a resolution
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.
2021/06/23
Committee: ITRE
Amendment 1 #

2021/2006(INI)

Draft opinion
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;
2021/06/02
Committee: ITRE
Amendment 2 #

2021/2006(INI)

Draft opinion
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;
2021/06/02
Committee: ITRE
Amendment 3 #

2021/2006(INI)

Draft opinion
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;
2021/06/02
Committee: ITRE
Amendment 4 #

2021/2006(INI)

Draft opinion
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;
2021/06/02
Committee: ITRE
Amendment 5 #

2021/2006(INI)

Draft opinion
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;
2021/06/02
Committee: ITRE
Amendment 18 #

2021/2006(INI)

Draft opinion
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.
2021/06/02
Committee: ITRE
Amendment 65 #

2021/2006(INI)

Draft opinion
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;
2021/06/02
Committee: ITRE
Amendment 111 #

2021/2006(INI)

Draft opinion
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.
2021/06/02
Committee: ITRE
Amendment 112 #

2021/2006(INI)

Draft opinion
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;
2021/06/02
Committee: ITRE
Amendment 119 #

2021/2006(INI)

Draft opinion
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.
2021/06/02
Committee: ITRE
Amendment 120 #

2021/2006(INI)

Draft opinion
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;
2021/06/02
Committee: ITRE
Amendment 124 #

2021/2006(INI)

Draft opinion
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;
2021/06/02
Committee: ITRE
Amendment 131 #

2021/2006(INI)

Draft opinion
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.
2021/06/02
Committee: ITRE
Amendment 139 #

2021/2006(INI)

Draft opinion
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.
2021/06/02
Committee: ITRE
Amendment 1457 #

2021/0426(COD)

Proposal for a directive
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].
2022/07/06
Committee: ITRE
Amendment 122 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 130 #

2021/0425(COD)

Proposal for a directive
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).
2022/07/15
Committee: ITRE
Amendment 137 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 140 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 168 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 235 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 256 #

2021/0425(COD)

Proposal for a directive
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
2022/07/15
Committee: ITRE
Amendment 292 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 365 #

2021/0425(COD)

Proposal for a directive
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;
2022/07/15
Committee: ITRE
Amendment 375 #

2021/0425(COD)

Proposal for a directive
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;
2022/07/15
Committee: ITRE
Amendment 376 #

2021/0425(COD)

Proposal for a directive
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;
2022/07/15
Committee: ITRE
Amendment 378 #

2021/0425(COD)

Proposal for a directive
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;
2022/07/15
Committee: ITRE
Amendment 379 #

2021/0425(COD)

Proposal for a directive
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 .;
2022/07/15
Committee: ITRE
Amendment 417 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 420 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 428 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 479 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 483 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 505 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 513 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 542 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 626 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 639 #

2021/0425(COD)

Proposal for a directive
Article 25 – paragraph 2 a (new)
For final customers who are not connected to the natural gas or hydrogen systems due to the lack of infrastructure capacity or due to the fact that they are vulnerable or are affected or at risk of energy poverty, Member States shall, without delay, adopt measures to ensure their energy security, including by providing connection to the grid or alternative and comparable heating and cooling options, preferably to the district heating and cooling system.
2022/07/15
Committee: ITRE
Amendment 641 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 646 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 666 #

2021/0425(COD)

Proposal for a directive
Article 33 – paragraph 1
Member States shall ensure the implementation of a system of regulated third partyFor the organisation of 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 may choose either a negotiated or regulated access regime, or both. Member States shall base their decision on the applicable access regime on an assessment of the level of competition in the hydrogen storage market, taking into account the technical characteristics of hydrogen storage. In case of a regulated access regime, 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 the regulatory authority.
2022/07/15
Committee: ITRE
Amendment 667 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 699 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 716 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 724 #

2021/0425(COD)

Proposal for a directive
Article 45 – paragraph 1
Article 44 (1)This Directive shall not prevent the operation of a combined transmission, LNG, system, hydrogen network, LNG system, hydrogen terminal, natural gas and hydrogen storage and distribution system operator provided that the operator complies with Article 54 (1), or Articles 55 and 56, or Chapter IX .
2022/07/15
Committee: ITRE
Amendment 758 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 774 #

2021/0425(COD)

Proposal for a directive
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 .
2022/07/15
Committee: ITRE
Amendment 781 #

2021/0425(COD)

Proposal for a directive
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;
2022/07/15
Committee: ITRE
Amendment 793 #

2021/0425(COD)

Proposal for a directive
Article 51 – paragraph 2 – point c
(c) include information on infrastructure that can or will be decommissioned; andrepurposed for the transport of hydrogen;
2022/07/15
Committee: ITRE
Amendment 809 #

2021/0425(COD)

Proposal for a directive
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;
2022/07/15
Committee: ITRE
Amendment 821 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 834 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 839 #

2021/0425(COD)

Proposal for a directive
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:
2022/07/15
Committee: ITRE
Amendment 841 #

2021/0425(COD)

Proposal for a directive
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;
2022/07/15
Committee: ITRE
Amendment 844 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 847 #

2021/0425(COD)

Proposal for a directive
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:
2022/07/15
Committee: ITRE
Amendment 851 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 863 #

2021/0425(COD)

Proposal for a directive
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:
2022/07/15
Committee: ITRE
Amendment 871 #

2021/0425(COD)

Proposal for a directive
Article 52 – paragraph 1 – point b a (new)
(b a) include informationon the location of industrial customers and hydrogen production units;
2022/07/15
Committee: ITRE
Amendment 873 #

2021/0425(COD)

Proposal for a directive
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].
2022/07/15
Committee: ITRE
Amendment 881 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 882 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 885 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 893 #

2021/0425(COD)

Proposal for a directive
Article 53 – paragraph 5
5. After 31 December 2030, all affected hydrogen network operators shall negotiate a system of financial compensation to ensure financing for cross-border hydrogen infrastructure. While developing that, hydrogen network operators shall conduct an extensive consultation process involving all relevant market participants.deleted
2022/07/15
Committee: ITRE
Amendment 895 #

2021/0425(COD)

Proposal for a directive
Article 53 – paragraph 6
6. The hydrogen network operators concerned shall agree on the system of financial compensation within 3 years and by 31 December 2033. If no agreement is reached within that period, the involved regulatory authorities shall decide jointly within 2 years. Where the relevant regulatory authorities cannot reach a joint agreement within 2 years, ACER shall take a decision, following the process pursuant to Article 6(10) in Regulation (EU) 2019/942.deleted
2022/07/15
Committee: ITRE
Amendment 899 #

2021/0425(COD)

Proposal for a directive
Article 53 – paragraph 7
7. The system of financial compensation shall be implemented in line with Article 72(1), point (b).deleted
2022/07/15
Committee: ITRE
Amendment 902 #

2021/0425(COD)

Proposal for a directive
Article 53 – paragraph 8
8. For the transition to a system of financial compensation mechanism, existing capacity contracts shall not be affected by the established financial compensation mechanism.deleted
2022/07/15
Committee: ITRE
Amendment 903 #

2021/0425(COD)

Proposal for a directive
Article 53 – paragraph 9
9. Further details required to implement the process set out in this Article, including required processes and time frames, process for reviewing and if necessary amending the compensation mechanism allowing taking into account tariff evolution and the development of the hydrogen networks, shall be set in a network code established on the basis of Article 54 of [recast Gas Regulation as proposed in COM(2021)xxx].deleted
2022/07/15
Committee: ITRE
Amendment 949 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 950 #

2021/0425(COD)

Proposal for a directive
Article 66 – paragraph 10 a (new)
10 a. Where final decision on the certification of a transmission system operator for the transmission line between a Member State and a third country was not adopted within the period referred to in paragraph 8a, owner of the transmission line between a Member State and a third country in territorial sea of that Member State or its section in territorial sea of that Member State, is obliged to decommissioning of the transmission line or its section within six months from the deadline referred to in paragraph 8a.
2022/07/15
Committee: ITRE
Amendment 951 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
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.
2022/07/15
Committee: ITRE
Amendment 961 #

2021/0425(COD)

Proposal for a directive
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;
2022/07/15
Committee: ITRE
Amendment 1010 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 1024 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 1031 #

2021/0425(COD)

Proposal for a directive
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.
2022/07/15
Committee: ITRE
Amendment 143 #

2021/0424(COD)

Proposal for a regulation
Recital 14 a (new)
(14 a) In order to allow renewable and low-carbon gases to play their important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050, it is of utmost importance that the targets set by the REPowerEU Plan for the production of biomethane (35 bcm by 2030), for the domestic production of renewable hydrogen (10 mio to by 2030), for the imports of renewable hydrogen (10 mio to by 2030), for the industrial usage of renewable fuels of non-biological origin, notably renewable hydrogen (75% of the overall hydrogen consumption in industry) and for the usage of renewable fuels of non-biological origin in transport (5% of transport fuels) are effectively accomplished by 2030. For this to happen not only must the market integration of renewable and low- carbon gases be fostered but also the necessary infrastructure must be developed in due time. For biomethane this means to develop a strategic approach to overcome existing technical barriers to trade biomethane within the EU and to fully integrate biomethane into the current gas system. For renewable and low-carbon hydrogen this requires an urgent implementation of the plan for an European hydrogen network guaranteeing a sufficient level of cross- border interconnection capacity.
2022/07/15
Committee: ITRE
Amendment 220 #

2021/0424(COD)

Proposal for a regulation
Article 3 a (new)
Article 3 a Upscaling renewable gases and low- carbon gases in coal and carbon-intensive regions The Commission shall support and provide incentives to encourage the penetration of renewable gases and low- carbon gases, in particular hydrogen and biomethane, into the Union energy system, in particular in coal and carbon- intensive regions pursuant to Regulation (EU) 2021/1056 through an enabling framework that includes: (a) additional financial resources, including Union funds, to facilitate a just transition of these regions with the aim of increasing the share of renewable gases and low-carbon gases, in particular in industrial processes, district heating and energy storage for enhancing flexibility of the energy system; (b) effective support measures to accelerate the phase out of solid fossil fuels in industrial and district heating sectors through investments in their modernisation, innovation and development as well as to decarbonise existing fossil-based hydrogen production sites; (c) upskilling and reskilling programmes and projects aiming to create and strengthen a hydrogen-ready and biomethane-ready workforce; (d) the fast-track implementation of hydrogen valleys and Important Projects of Common European Interests (IPCEI), in particular innovation projects enabling the conversion from fossil fuels to renewable hydrogen and biomethane.
2022/07/15
Committee: ITRE
Amendment 342 #

2021/0424(COD)

Proposal for a regulation
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.
2022/07/15
Committee: ITRE
Amendment 477 #

2021/0424(COD)

Proposal for a regulation
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).
2022/07/15
Committee: ITRE
Amendment 488 #

2021/0424(COD)

Proposal for a regulation
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.
2022/07/15
Committee: ITRE
Amendment 490 #

2021/0424(COD)

Proposal for a regulation
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.
2022/07/15
Committee: ITRE
Amendment 493 #

2021/0424(COD)

Proposal for a regulation
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.
2022/07/15
Committee: ITRE
Amendment 494 #

2021/0424(COD)

Proposal for a regulation
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. .
2022/07/15
Committee: ITRE
Amendment 497 #

2021/0424(COD)

Proposal for a regulation
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.
2022/07/15
Committee: ITRE
Amendment 502 #

2021/0424(COD)

Proposal for a regulation
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.
2022/07/15
Committee: ITRE
Amendment 514 #

2021/0424(COD)

Proposal for a regulation
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;
2022/07/15
Committee: ITRE
Amendment 515 #

2021/0424(COD)

Proposal for a regulation
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;
2022/07/15
Committee: ITRE
Amendment 517 #

2021/0424(COD)

Proposal for a regulation
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].
2022/07/15
Committee: ITRE
Amendment 626 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 3 a (new)
Regulation (EU) 2017/1938
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
2022/07/15
Committee: ITRE
Amendment 627 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 3 b (new)
Regulation (EU) 2017/1938
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
2022/07/15
Committee: ITRE
Amendment 628 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 3 c (new)
Regulation (EU) 2017/1938
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
2022/07/15
Committee: ITRE
Amendment 633 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 7 a (new)
Regulation (EU) 2017/1938
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
2022/07/15
Committee: ITRE
Amendment 660 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 12 – point a – point iii a (new)
Regulation (EU) 2017/1938
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
2022/07/15
Committee: ITRE
Amendment 661 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 13 a (new)
Regulation (EU) 2017/1938
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
2022/07/15
Committee: ITRE
Amendment 662 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 13 b (new)
Regulation (EU) 2017/1938
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
2022/07/15
Committee: ITRE
Amendment 663 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 13 c (new)
Regulation (EU) 2017/1938
Article 12 – paragraph 4
4. The Commission may convene a crisis management group composed of the crisis managers referred to in point (g) of Article 10(1), of the Member States concerned by the emergency. The Commission, in agreement with the crisis managers, may invite other relevant stakeholders to participate. The Commission shall ensure that the GCG is informed regularly about the work undertaken by the crisis management group. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)"deleted" Or. en
2022/07/15
Committee: ITRE
Amendment 664 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 15 a (new)
Regulation (EU) 2017/1938
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
2022/07/15
Committee: ITRE
Amendment 665 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 15 b (new)
Regulation (EU) 2017/1938
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
2022/07/15
Committee: ITRE
Amendment 666 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 15 c (new)
Regulation (EU) 2017/1938
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
2022/07/15
Committee: ITRE
Amendment 148 #

2021/0423(COD)

Proposal for a regulation
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.
2022/10/24
Committee: ENVIITRE
Amendment 866 #

2021/0423(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c
(c) methane emissions occurring during post-mining activities.deleted
2022/10/24
Committee: ENVIITRE
Amendment 890 #

2021/0423(COD)

Proposal for a regulation
Article 20 – paragraph 5
5. Mine operators shall estimate coal post-mining emissions using coal post- mining emission factors, updated annually, based on deposit-specific coal samples and in accordance with appropriate scientific standards.deleted
2022/10/24
Committee: ENVIITRE
Amendment 903 #

2021/0423(COD)

Proposal for a regulation
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.
2022/10/24
Committee: ENVIITRE
Amendment 910 #

2021/0423(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. By … [three years from the date of entry into force of this Regulation] the Commission shall adopt a delegated act in accordance with Article 31 to supplement this Regulation by setting out restrictions on venting methane from ventilation shafts for coking coal mines.deleted
2022/10/24
Committee: ENVIITRE
Amendment 1047 #

2021/0423(COD)

Proposal for a regulation
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.
2022/10/24
Committee: ENVIITRE
Amendment 171 #

2021/0218(COD)

Proposal for a directive
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.
2022/03/17
Committee: ITRE
Amendment 521 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Directive (EU) 2018/2001
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.
2022/03/17
Committee: ITRE
Amendment 574 #

2021/0218(COD)

Proposal for a directive
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.
2022/03/17
Committee: ITRE
Amendment 723 #

2021/0218(COD)

Proposal for a directive
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.
2022/03/17
Committee: ITRE
Amendment 822 #

2021/0218(COD)

Proposal for a directive
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.
2022/03/17
Committee: ITRE
Amendment 833 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
That increase shall be of 1.5 percentage points for Member States where waste heat and cold is used. In that case, Member States may count waste heat and cold up to 40 % of the average annual increase.
2022/03/17
Committee: ITRE
Amendment 841 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
In addition to the minimum 1.1 percentage points annual increase referred to in the first subparagraph, each Member State shall endeavour to increase the share of renewable energy in their heating and cooling sector by the amount set out in Annex 1a.;deleted
2022/03/17
Committee: ITRE
Amendment 900 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)
Directive (EU) 2018/2001
Article 23 – paragraph 7 a (new)
(da) paragraph 7 a (new) is added Where Member State decides 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 art. 7(1), for the purposes of calculating the share referred to in paragraph 1 of this Article, the following rules apply: (a) Renewable fuels and electricity obtained from direct connection to an installation generating respective energy source may be fully counted as renewable where it is used for the production of heat and cold, provided that such an installation is not connected to the grid or is connected to the grid, but evidence can be provided that the energy concerned has been supplied without taking it from the grid. (b) Renewable fuels and electricity that has been taken from the grid and used for the production of heat and cold may be counted as fully renewable provided that it has been produced exclusively from renewable sources and the renewable properties have been demonstrated, ensuring that the renewable properties of that energy are claimed only once and only in the heating and cooling sector.
2022/03/17
Committee: ITRE
Amendment 917 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 – point b
Directive (EU) 2018/2001
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.
2022/03/17
Committee: ITRE
Amendment 929 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 – point c
Directive (EU) 2018/2001
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.
2022/03/17
Committee: ITRE
Amendment 79 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 100 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 109 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 117 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 134 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 142 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 149 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 151 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 166 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 173 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 189 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 193 #

2021/0214(COD)

Proposal for a regulation
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).
2022/02/08
Committee: ITRE
Amendment 200 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 221 #

2021/0214(COD)

Proposal for a regulation
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.)
2022/02/08
Committee: ITRE
Amendment 236 #

2021/0214(COD)

Proposal for a regulation
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. .
2022/02/08
Committee: ITRE
Amendment 238 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 243 #

2021/0214(COD)

Proposal for a regulation
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).
2022/02/08
Committee: ITRE
Amendment 247 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 250 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 257 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 258 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 259 #

2021/0214(COD)

Proposal for a regulation
Recital 51
(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should provide support to the competent authorities responsible for the application of this Regulation in carrying out their obligations.deleted
2022/02/08
Committee: ITRE
Amendment 265 #

2021/0214(COD)

Proposal for a regulation
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).
2022/02/08
Committee: ITRE
Amendment 275 #

2021/0214(COD)

Proposal for a regulation
Recital 52 a (new)
(52 a) 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, and possible additional administrative burden; (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;
2022/02/08
Committee: ITRE
Amendment 279 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 280 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 282 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 286 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 293 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 302 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 321 #
2022/02/08
Committee: ITRE
Amendment 366 #

2021/0214(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘competent authority’ means the authority, designated by each Member State in accordance with Article 11 of this Regulation;deleted
2022/02/08
Committee: ITRE
Amendment 436 #

2021/0214(COD)

Proposal for a regulation
Chapter III – title
III Competent aCBAM Authoritiesy
2022/02/08
Committee: ITRE
Amendment 437 #

2021/0214(COD)

Proposal for a regulation
Article 11 – title
Competent aAppointment of the CBAM Authoritiesy
2022/02/08
Committee: ITRE
Amendment 440 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Each Member State shall designate the competent authority to carry out the obligations under this Regulation and inform the Commission thereof. The Commission shall make available to the Member States a list of all competent authorities and publish this information in the Official Journal of the European Union.deleted
2022/02/08
Committee: ITRE
Amendment 445 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
The Commission shall make available to the Member States a list of all competent authorities and publish this information in the Official Journal of the European Union.deleted
2022/02/08
Committee: ITRE
Amendment 449 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 451 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Member States shall require that competent authorities exchange any information that is essential or relevant to the exercise of their functions and duties.deleted
2022/02/08
Committee: ITRE
Amendment 458 #

2021/0214(COD)

Proposal for a regulation
Article 12 – title
Commission Decisions taken by the CBAM Authority 1. The CBAM Authority shall, without delay, take any decision that is required to implement the provisions of this Regulation. 2. Any decision of the CBAM Authority shall take effect from the date of its notification to the holder of the decision. 3. If the CBAM Authority considers that it does not have all the necessary information to take a decision, it shall contact the holder of the decision and specify what additional information is required. The holder of the decision shall submit the required information to the CBAM Authority without delay. 4. The holder of the decision shall inform the CBAM Authority without delay of any changes to the information provided arising after the decision was taken, which may influence its continuation or content. In this case, the CBAM Authority shall reassess its decision in light of that information. 5. Any decision taken by the CBAM Authority which adversely affects the holder of the decision shall set out the grounds on which it is based and shall include a reference to the right of appeal provided for in Article 27a. Before the decision is taken, the CBAM Authority shall give the holder of the decision the opportunity to make its point of view known to the CBAM Authority within a given period of time. Following the expiry of that period, the holder of the decision shall be notified of the decision in the appropriate form. 6. The CBAM Authority may, at any time, annul, revoke or amend its decision upon reasoned request by the holder of the decision or on its own initiative, if appropriate. 7. The Commission shall specify, by means of implementing acts, any further detailed arrangement or procedural rule concerning the decision-making of the CBAM Authority. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article [29(2)].
2022/02/08
Committee: ITRE
Amendment 460 #

2021/0214(COD)

Proposal for a regulation
Article 12 – paragraph 1
The Commission shall assist the competent authorities in carrying out their obligations under this Regulation and coordinate their activities.deleted
2022/02/08
Committee: ITRE
Amendment 468 #

2021/0214(COD)

Proposal for a regulation
Article 14 – title
National registries and central database CBAM Registry 1. The CBAM Authority shall set up a CBAM Registry for the execution of processes relating to CBAM certificates, in accordance with the conditions set in Articles 22to 26. 2. The CBAM Registry shall contain a database with information about each authorised declarant, in particular:(a) name and contact details of the authorised declarant;(b) EORI number of the authorised declarant;(c) CBAM account number;(d) number, price and date of purchase of CBAM certificates held by each authorised declarant. 3. The CBAM Registry shall also contain, in a separate section of the database, the names and additional details of the operator and of the third country installations registered in accordance with Article 11. 4. This database shall be confidential. Only the names of the authorised declarants and of the operator and of the third country installations included in the database shall be accessible to the public. 5. The Commission shall adopt implementing acts concerning the infrastructure and specific processes of the CBAM Registry and the electronic databases containing the information above. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).
2022/02/08
Committee: ITRE
Amendment 471 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The competent authority of each Member State shall establish a national registry of declarants authorised in that Member State in the form of a standardised electronic database containing the data regarding the CBAM certificates of those declarants, and to provide for confidentiality in accordance with the conditions set out in Article 13.deleted
2022/02/08
Committee: ITRE
Amendment 475 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. The database referred to in paragraph 1 shall contain accounts with information about each authorised declarant, in particular: (a) the name and contact details of the authorised declarant; (b) the EORI number of the authorised declarant; (c) (d) date of purchase, the date of surrenddeleted the CBAM account number; the number, or the date of re-purchase, or that of the cancellation by the competent authority, of CBAM certificates for each authorised declarant.price of sale, the
2022/02/08
Committee: ITRE
Amendment 478 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2 shall be confidential.deleted
2022/02/08
Committee: ITRE
Amendment 483 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The Commission shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.deleted
2022/02/08
Committee: ITRE
Amendment 490 #

2021/0214(COD)

Proposal for a regulation
Article 15
1. central administrator to maintain an independent transaction log recording the purchase of CBAM certificates, their holding, surrender, re-purchase and cancellation and ensure coordination of national registries. 2. carry out risk-based controls on transactions recorded in national registries through an independent transaction log to ensure that there are no irregularities in the purchase, holding, surrender, re-purchase and cancellation of CBAM certificates. 3. result of tArticle 15 deleted Central administrator The Commission shall act as The coentrols carried out under paragraph 2, the Commission shall inform the Member State or Member States concerned for further investigation in order to correct the identified irregularities.al administrator shall If irregularities are identified as a
2022/02/08
Committee: ITRE
Amendment 496 #

2021/0214(COD)

Proposal for a regulation
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).
2022/02/08
Committee: ITRE
Amendment 498 #

2021/0214(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The competent authority shall assign to each authorised declarant a unique CBAM account number.deleted
2022/02/08
Committee: ITRE
Amendment 501 #

2021/0214(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Each authorised declarant shall be granted access to its account in the registry.deleted
2022/02/08
Committee: ITRE
Amendment 503 #

2021/0214(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. The competent authority shall set up the account as soon as the authorisation referred to in Article 17(1) is granted and notify the authorised declarant thereof.deleted
2022/02/08
Committee: ITRE
Amendment 504 #

2021/0214(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. If the authorised declarant has ceased its economic activity or its authorisation was revoked, the competent authority shall close the account of that declarant.deleted
2022/02/08
Committee: ITRE
Amendment 516 #

2021/0214(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. If the competent authority refuses to authorise a declarant, the declarant requesting the authorisation may, prior to an appeal, object to the relevant authority under national law, who shall either instruct the national administrator to open the account or uphold the refusal in a reasoned decision, subject to requirements of national law that pursue a legitimate objective compatible with this Regulation and are proportionate.deleted
2022/02/08
Committee: ITRE
Amendment 523 #

2021/0214(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point c
(c) the CBAM account number in the CBAM Registry.
2022/02/08
Committee: ITRE
Amendment 535 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 539 #

2021/0214(COD)

Proposal for a regulation
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).
2022/02/08
Committee: ITRE
Amendment 542 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 557 #

2021/0214(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The recipient of the notification referred to in paragraph 3 may lodge an appeal of the notification. The recipient of the notification shall be provided with information regarding the procedure to be followed in the event of an appeal.deleted
2022/02/08
Committee: ITRE
Amendment 560 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 585 #

2021/0214(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The recipient of the notification referred to in paragraph 3 may lodge an appeal of the notification. The recipient of the notification shall be provided with information regarding the procedure to be followed in the event of an appeal.deleted
2022/02/08
Committee: ITRE
Amendment 598 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 606 #

2021/0214(COD)

Proposal for a regulation
Article 26 – paragraph 4 – point f
(f) of the right of the authorised declarant or of the person to appeal under national rules.deleted
2022/02/08
Committee: ITRE
Amendment 616 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 618 #

2021/0214(COD)

Proposal for a regulation
Article 27 – paragraph 2 – point 1 (new)
(1) The practice, processor work referred to in the first subparagraph include, inter alia:
2022/02/08
Committee: ITRE
Amendment 619 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 634 #

2021/0214(COD)

Proposal for a regulation
Chapter VI a (new)
Appeals Article 27a Appeals against decisions taken by the CBAM Authority 1. An appeal shall lie from decisions of the CBAM Authority that adversely affect any interested person, including decisions on penalties, circumvention and actual mission values. Those decisions shall take effect only as from the date of expiration of the appeal period of two months. The filing of the appeal shall have suspensive effect. Products concerned by an appeal will be subject to registration according to Article 25(5a). 2. Any party to proceedings adversely affected by a decision may appeal. Any other parties to the proceedings shall be parties to the appeal proceedings as of right. 3. The Board of Appeal shall be newly set up and consist of three full members, to be respectively appointed by the Council, by the European Parliament and by the Commission. The chair will be appointed by the Council. The Council and the European Parliament will respectively appoint two additional alternate members. 4. The Commission shall adopt delegated acts pursuant to Article 28, to define the composition, the appointment and the procedures of the Board of Appeal with a view to assure the independence of its members, including during the transitional period. During the transitional period the Commission will hold the functions of the Board of Appeal. Article 27b Examination of appeals 1. The Board of Appeal shall examine whether the appeal is admissible. 2. In the examination of the appeal, the Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be fixed by the Board of Appeal, on communications from the other parties or issued by itself. 3. Following the examination as to the admissibility of the appeal, the Board of Appeal shall decide on the appeal. The Board of Appeal may either exercise any power within the competence of the CBAM Authority or remit the case to the latter for further prosecution. 4. If the Board of Appeal remits the case for further prosecution to the CBAM Authority, the latter shall be bound by the line of reasoning of the Board of Appeal, in so far as the facts are the same. 5. The decisions of the Board of Appeal shall take effect only as from the date of expiry of a period of two months, if an action has been brought before the General Court within that period, as from the date of dismissal of such action or of any appeal filed with the Court of Justice against the decision of the General Court. Article 27c Actions before the Court of Justice 1. Actions may be brought before the General Court against decisions of the Boards of Appeal in relation to appeals. 2. Actions may be brought before the General Court against any decision of the CBAM Authority. In this case administrative appeal under Article 27b will be precluded. 3. The action may be brought on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the TFEU, infringement of this Regulation or of any rule of law relating to their application or misuse of power. 4. The General Court shall have jurisdiction to annul or to alter the contested decision. 5. The action shall be open to any party to proceedings before the Board of Appeal adversely affected by its decision. 6. The action shall be brought before the General Court within two months of the date of notification of the decision of the Board of Appeal in case of action under paragraph 1 of this Article and within two month of the date of the notification of the decision of the CBAM Authority in case of actions under paragraph 2 of this Article. 7. The CBAM Authority shall take the necessary measures to comply with the judgment of the General Court or, in the event of an appeal against that judgment, the Court of Justice.
2022/02/08
Committee: ITRE
Amendment 652 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Before the end of the transitional 2. period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contaThe 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 first 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 methods: (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 manufacturin,g in particular,dustry and prevent carbon leakage; (d) the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
2022/02/08
Committee: ITRE
Amendment 667 #

2021/0214(COD)

Proposal for a regulation
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;
2022/02/08
Committee: ITRE
Amendment 674 #

2021/0214(COD)

Proposal for a regulation
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.
2022/02/08
Committee: ITRE
Amendment 676 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 3 b (new)
3b. In the event that the Commission in its annual report between 2031-2035 concludes that, the CBAM has been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces under this Article, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be made available to support innovation in accordance with Article 10a(8) of Directive 2003/87/EC.
2022/02/08
Committee: ITRE
Amendment 677 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 3 c (new)
3c. In the event that the Commission in its report concludes that the CBAM has not been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be reallocated to installations in accordance with Article10a(1) of Directive 2003/87/EC.
2022/02/08
Committee: ITRE
Amendment 695 #

2021/0214(COD)

Proposal for a regulation
Article 31 – paragraph 2 a (new)
2a. For the first years of operation of this Regulation, the production of products listed in Annex I shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of those products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period between 2026 and the end of 2030, 80 % in 2031 and shall be reduced by 20 percentage points each year to reach 0 % by the fifth year.
2022/02/08
Committee: ITRE
Amendment 700 #

2021/0214(COD)

Proposal for a regulation
Article 32 – paragraph 1
During the administrative transitional period of this Regulation, the CBAM mechanism shall apply as a reporting obligation as set out in Articles 33 to 35.
2022/02/08
Committee: ITRE
Amendment 745 #

2021/0214(COD)

Proposal for a regulation
Annex III – point 4 – point 4.1 – paragraph 1
When actual emissions cannot be adequately determined by the authorised declarant, default values shall be used. These values shall be set at the average emission intensity of the worst 10 per cent worst performing installations of each exporting country and for each of the goods listed in Annex I other than electricity, increased by a mark-up, the latter to be determined in the implementing acts of this Regulation. When reliable data for the exporting country cannot be applied for a type of goods, the default values shall be based on the average emission intensity of the 105 per cent worst performing EU installations for that type of goods.
2022/02/08
Committee: ITRE
Amendment 121 #

2021/0211(COD)

Proposal for a directive
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminating the support to any investments related to solid fossil fuels. A technology neutral approach should be applied in order to achieve the most cost-effective emission reductions. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 80 %; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
2022/02/04
Committee: ITRE
Amendment 151 #

2021/0211(COD)

Proposal for a directive
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions. Therefore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned. Due to their public utility nature, the units for the incineration of hazardous or municipal waste should continue to benefit from the exemption from the greenhouse gas emission permit. In addition, free allocation for the production of a product should be independent of the nature of the production process. It is therefore necessary to modify the definition of the products and of the processes and emissions covered for some benchmarks to ensure a level playing field for new and existing technologies. It is also necessary to decouple the update of the benchmark values for refineries and for hydrogen to reflect the increasing importance of production of hydrogen outside the refineries sector.
2022/02/22
Committee: ENVI
Amendment 220 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
In addition, 2,5 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1.5% of the total quantity of allowances from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of 1.5% of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).
2022/02/08
Committee: ITRE
Amendment 293 #

2021/0211(COD)

Proposal for a directive
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , isntends to complement and progressively offer an alternative to free allocation to address the risk of carbon leakage without undermining the Unions competitiveness. To the extent that sectors and subsectors are covered by that measure, and the measure has proven to be effective in preventing carbon leakage, including on leakage on export markets resulting from any drop in EU exports and investment leakage they should not receive free allocation. However, a transitional phasing-out of free allowances, combined with a reserve and review mechanism, is needed to allow producers, importers and traders to adjust to the new regime. The reduction of and to assess the effective implementation of the CBAM. Once the CBAM has fully demonstrated 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. Once the CBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of European exports, free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. Nonetheless, safeguards should be provided for the products intended for exports. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 202530, 980 % in 202631 and should be reduced by 120 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenfifth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. Theis phase-out of free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectorsshould be kept under review in light of the entry into force and effective implementation of the Carbon Border Adjustment Mechanism. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
2022/02/22
Committee: ENVI
Amendment 294 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii Directive 2003/87/EC
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028 except in case of heat benchmark for district heating, whose maximum annual reduction rate should be defined in line with the district heating sector decarbonisation commitments until 2030 and should not exceed 1.6%.
2022/02/08
Committee: ITRE
Amendment 307 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10 a, paragraph 6, first subparagraph
Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that s. The Commission shall adopt a delegated act to supplement this Directive concerning the determination of such sectors and subsectors. Such financial measures arshall be in accordance with State aid rules, and in particular doshall not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.
2022/02/08
Committee: ITRE
Amendment 310 #

2021/0211(COD)

Proposal for a directive
Recital 30 a (new)
(30a) A temporary Carbon Leakage Protection Reserve should be established between 2031 to 2040, 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 European 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 European 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 made available according to provisions of Article 10a(1b) of Directive 2003/87/EC. 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.
2022/02/22
Committee: ENVI
Amendment 312 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10 a – paragraph 6 – second subparagraph (new)
In addition Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant costs that are actually incurred from greenhouse gas emission costs passed on in cost incurred by introduction of Carbon Border Adjustment Mechanism and phase out of free allowances according to [Article 10, paragraph 1, paragraph 12, point d of this directive]. The Commission shall adopt a delegated act to supplement this Directive concerning the determination of such sectors and subsectors. Such financial measures shall be in accordance with State aid rules, and in particular shall not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1.
2022/02/08
Committee: ITRE
Amendment 319 #

2021/0211(COD)

Proposal for a directive
Recital 30 b (new)
(30b) If any aspect of the CBAM Regulation or related EU ETS provisions is challenged in the WTO and as a result CBAM is cancelled, withdrawn, terminated or not implemented, the free allowances should no longer be phased out, and those already placed in the Carbon Border Adjustment Reserve should automatically be returned to the industry, to mitigate the risk of carbon leakage.
2022/02/22
Committee: ENVI
Amendment 377 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point f a (new)
(fa) modernization of energy systems allowing for switch from coal to gas and increased use of gas with the perspective of introduction of renewable and low- carbon gases”;
2022/02/08
Committee: ITRE
Amendment 381 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a a (new)
Directive 2003/87/EC
Article 12 – paragraph 1
1.(aa) in Article 12 paragraph 1 is replaced by the following: "1. Without prejudice to the Article 29b, Member States shall ensure that allowances can be transferred between: (a) persons within the Union; (b) persons within the Union and persons in third countries, where such allowances are recognised in accordance with the procedure referred to in Article 25 without restrictions other than those contained in, or adopted pursuant to, this Directive. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
2022/02/08
Committee: ITRE
Amendment 382 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a a (new)
Directive 2003/87/EC
Article 12 – paragraph 1
(aa) Article 12, paragraph 1 is replaced by the following "1. Member States shall ensure that allowances can be transferred between: (a) personregulated entities within the Union ; (b) personregulated entities within the Union and persons in third countries, where such allowances are recognised in accordance with the procedure referred to in Article 25 without restrictions other than those contained in, or adopted pursuant to, this Directive. " Or. en (2003/87/EC)
2022/02/08
Committee: ITRE
Amendment 389 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c a (new)
Directive 2003/87/EC
Article 12 – paragraph 4
(ca) Article 12 paragraph 4 is replaced by the following "4. Member States shall take the necessary steps to ensure that allowances will be cancelled at any time at the request of the personregulated entity holding them. In the event of closure of electricity generation capacity in their territory due to additional national measures, Member States may cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 10(2) up to an amount corresponding to the average verified emissions of the installation concerned over a period of five years preceding the closure. The Member State concerned shall inform the Commission of such intended cancellation in accordance with the delegated acts adopted pursuant to Article 10(4). " Or. en (2003/87/EC)
2022/02/08
Committee: ITRE
Amendment 400 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 19 – paragraph 2
2. Any pers(19a) Article 19 paragraph 2 is replaced by the following "2. Without prejudice to paragraph 5 of this article, besides the central and national administration accounts, only regulated entities with past, current, or predictable future ETS compliance obligations may hold allowances. The registry shall be accessible to the public and shall contain separate accounts to record the allowances held by each personentity to whom and from whom allowances are issued or transferred. " Or. en (2003/87/EC)
2022/02/08
Committee: ITRE
Amendment 405 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29 b new
(https://eur-lex.europa.eu/legal-(19a) the following Article 29b is inserted: Article 29b 1. The access to the EU ETS market should be limited to entities that are installations, aviation and maritime operators with compliance obligations under the EU ETS. 2. Only financial intermediaries purchasing allowances for the accountent/EN/TXT/?uri=CELEX%3A02003L0087- of the installation and not their own can be an exception. 3. Article 6 paragraph 5 of the Auctioning Regulation (no 1031/20210101)) should be adjusted in accordance with paragraphs 1 and 2. Or. en
2022/02/08
Committee: ITRE
Amendment 407 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 19 – paragraph 5 (new)
Paragraph 5 new (19b) Article 19 paragraph 5 new "Paragraph 5 5. Regulated entities with total annual emissions lower than 25 000 tonnes of carbon dioxide equivalent per year may mandate a natural person or a legal entity to open to operate registry accounts belonging to the regulated entity and conduct all types of transactions to which that account is entitled, on behalf of the regulated entity. Responsibility for compliance remains with the regulated entity. When mandating the natural person or the legal entity, the regulated entity shall ensure that there is no conflict of interest amongst the mandated person or entity and competent authorities, national administrators, verifiers or other bodies subject to the provisions of this Directive." Or. en (2003/87/EC)
2022/02/08
Committee: ITRE
Amendment 426 #

2021/0211(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5
5. In any given year, if the total number of allowances in circulation is between 833 million and 1 096 million, a number of allowances equal to 50 % of the difference between the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, and 833 million, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 SeptemberJuly of that year. If the total number of allowances in circulation is above 1 096 million allowances, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 SeptemberJuly of that year shall be equal to 12 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubled.
2022/02/08
Committee: ITRE
Amendment 431 #

2021/0211(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 400 million allowances shall no longer be valid. be set aside for the purpose of increasing the Modernisation Fund, the Innovation Fund and prevention of triggering of the cross-sectoral correction factor.
2022/02/08
Committee: ITRE
Amendment 444 #

2021/0211(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 and 2 of this Directive by 31 December 2023of the subsequent year to the year of entry into force of this Directive at the latest. They shall forthwith communicate to the Commission the text of those provisions.
2022/02/08
Committee: ITRE
Amendment 631 #

2021/0211(COD)

Proposal for a directive
Recital 66 a (new)
(66a) In order to take account of impacts on households, a transitional measure should be in place to facilitate a smooth start of new emissions trading for road transport and buildings. This time-limited measure should release allowances from the Market Stability Reserve, or place allowances into the Market Stability Reserve, in relation to a defined corridor based on established values in this Directive.
2022/02/24
Committee: ENVI
Amendment 828 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3a
In addition, 2,5 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1,5% of the total quantity of allowances from the amount above 600 million allowances set aside in the Market Stability Reserve for the purpose of the Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of 1,5% of the total quantity of allowances between ... [year following the entry into force of this Directive] and 2030 from the amount above 600 million allowances set aside in the Market Stability Reserve for the purpose of the Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).
2022/02/28
Committee: ENVI
Amendment 970 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2b
No free allocation shall be given to installations in sectors or subsectors to the extent they are covered by other measures to address the risk of carbon leakage as established by Regulation (EU) …./.. [reference to CBAM](**) once CBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products.. The measures referred to in the first subparagraph shall be adjusted accordingly
2022/02/28
Committee: ENVI
Amendment 973 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks.;deleted
2022/02/28
Committee: ENVI
Amendment 978 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks.; In order to provide further incentives for reducing greenhouse gas emissions in the steel industry, the annual reduction rate of the product benchmark hot metal calculated pursuant to the previous sub- paragraph shall not be affected by the modification of benchmark definitions and system boundaries pursuant to the fifth sub-paragraph of article 10a1 when the calculation of such rate is influenced by installations that were operational in the period referred to the first sub- paragraph of Article 10a(2).
2022/03/04
Committee: ENVI
Amendment 1040 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a - paragraph 1a - subparagraph 2
By way of derogation from the previousfirst subparagraph, for the first years of operation of Regulation [CBAM], the production of these products listed in Annex I to that Regulation shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of theose products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period during thebetween … [ the date of entry into force of [CBAM regulation] and the end of 202530, 980 % in 202631 and shall be reduced by 120 percentage points each year to reach 0 % by the tenfifth year.
2022/03/04
Committee: ENVI
Amendment 1060 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 – paragraph 1a – subparagraph 4
Allowances resulting from the reduction of free allocation shall be made available to support innovation in accordance with Article 10a(8).;deleted
2022/03/04
Committee: ENVI
Amendment 1076 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b a (new)
Directive 2003/87/EC
Article 10a – paragraph 1a a (new)
(ba) the following paragraph is inserted: “1aa. For each year in the period from 2031 to 2040, the allowances resulting from the reduction of free allocation in accordance with paragraph 1a shall be placed in a Carbon Leakage Protection Reserve. By 28 February of each subsequent year in the period referred to in the first subparagraph, the Commission shall present a report to the European Parliament and to the Council on the implementation of the Carbon Border Adjustment Mechanism during the calendar year preceding that of the report. In its report, the Commission shall, in particular, assess if the Carbon Border Adjustment Mechanism has entered into force and has been effectively implemented in a way leading to a level of carbon leakage protection that is equivalent to that of the free allocation system which it replaces under this Article. In this analysis, the Commission shall evaluate whether production, EU sales, exports and investments of EU producers within this sector, as well as the volume of corresponding imports, have increased or decreased. In the event that the Commission in its report concludes that, in the calendar year preceding that of the report, the Carbon Border Adjustment Mechanism has been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces under this Article, pursuant to the methodology set out above the allowances placed in the Carbon Leakage Protection Reserve for the preceding calendar year shall by way of derogation from Article 10a(1) to (5) be made available for Member States that may use these allowances to give a transitional free allocation to installations within sectors covered by Regulation [CBAM] for the purpose of their decarbonisation in accordance with Article 10c(2), points (a) and (c) and second and fourth subparagraphs. The remaining allowances should be made available to support innovation in accordance with Article 10a(8). In the event that the Commission in its report concludes that, in the calendar year preceding that of the report, the Carbon Border Adjustment Mechanism has not been effectively implemented, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be reallocated to installations in accordance with Article 10a(1). In the event that any aspect of the CBAM Regulation, or related ETS provisions is challenged in WTO and as a result cancelled, withdrawn, terminated or not implemented, the free allowances shall no longer be phased out, and those already placed in the Carbon Leakage Protection Reserve shall automatically be returned to the industry, to mitigate the risk of carbon leakage.”
2022/03/04
Committee: ENVI
Amendment 1078 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b a (new)

Article 10a - paragraph 1a b (new)
(ba) the following paragraph is inserted: “1a b. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the Carbon Leakage Protection Reserve provided for in paragraph 1b of this Article, including the criteria to be used for the assessment referred to in the second subparagraph of that paragraph, and the modalities for the reallocation of allowances from the Carbon Border Leakage Protection Reserve to installations referred to in the fourth subparagraph of that paragraph.”
2022/03/04
Committee: ENVI
Amendment 1093 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028 except in case of heat benchmark for district heating, whose maximum annual reduction rate should be defined in line with the district heating sector decarbonisation commitments until 2030 and should not exceed 1,6 %.;
2022/03/04
Committee: ENVI
Amendment 1102 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 1,6%, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by wthichever of those two percentage rates is relevant, in respect of each year between 2008 ands percentage rate. Where the annual reduction rate is below 0,2%, the benchmark value for the period from 2026 to 2030 shall be the benchmark value applicable in the period from 2013 to 20280.;
2022/03/04
Committee: ENVI
Amendment 1140 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that such financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market. The sectors or subsectors shall be determined according to the methodology, criteria and thresholds set out in Article 10b, as applied to indirect emissions only, where relevant. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.;
2022/03/04
Committee: ENVI
Amendment 1156 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e a (new)
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1 a (new)
In addition Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant costs that are actually incurred from greenhouse gas emission costs passed on in cost incurred by introduction of Carbon Border Adjustment Mechanism and phase out of free allowances according to [Article 10, paragraph 1, paragraph 12, point (d) of this Directive]. The Commission shall adopt a delegated act to supplement this Directive concerning the determination of such sectors and subsectors. Such financial measures shall be in accordance with State aid rules, and in particular shall not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1.
2022/03/04
Committee: ENVI
Amendment 1157 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e a (new)
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 2 a (new)
(ea) in paragraph 6, the following subparagraph is inserted: “Member States may adopt transitional financial measures in favour of sectors or subsectors, suffering loss of production, employment, sales or profitability caused by an increase in greenhouse gas emission costs resulting from the withdrawal of free allowances pursuant to Art. 10a(1a) of this Directive and lack of comparably stringent emission reduction obligations in non-EU countries, provided that such financial measures are in accordance with State aid rules. The sectors or subsectors shall be determined at Member State level, based on factors characteristic to that Member State, such as trade intensity with non-EU countries and emission intensity within the sector or subsector concerned.”
2022/03/01
Committee: ENVI
Amendment 1272 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point c
(c) the improvement of demand and supply side energy efficiency, including in transport, buildings, agriculture and waste;
2022/03/01
Committee: ENVI
Amendment 1276 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point e
(e) the support of low-income households, including in rural and remote areas, to address energy poverty and to modernise their heating systemmodernisation of heating and cooling systems and energy efficiency efforts in buildings for both residential and commercial use, including in rural and remote areas; and
2022/03/01
Committee: ENVI
Amendment 1282 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point f a (new)
(fa) modernization of energy systems allowing for switch from coal to gas and increased use of gas with the perspective of introduction of renewable and low- carbon gases;
2022/03/01
Committee: ENVI
Amendment 1300 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point -a (new)
Directive 2003/87/EC
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that allowances can be transferred between: (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)(-a) in paragraph 1, the introductory part is replaced by the following: “1. Without prejudice to the Article 29b, Member States shall ensure that allowances can be transferred between:” Or. en
2022/03/01
Committee: ENVI
Amendment 1389 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 29 a
(19b) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than six consecutive months, the average allowance price is more than three times50% higher than the average price of allowances during the two preceding years on the European carbon market measured at the beginning of the six months period, the Commission shall release 100 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1(7) of Decision (EU) 2015/1814 over a period of six months. 1a. If, after the period of six months referred to in paragraph 1, the condition in paragraph 1 is still met, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC. to assess if the price evolution referred to in paragraph 1 corresponds to changing market fundamentals. 2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, as a matter of urgency, one of the following measures may be adoptedshall be taken, taking into account the degree of price evolution: (a) a measure which allows Member States to bring forward the auctioning of a part of the quantity to be auctioned; (b) a measure which allows Member States to auction up to 25 % of the remaining allowances in the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). 3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. 4. The arrangements for the application of these provisions shall be laid down in the acts referred to in Article 10(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
2022/03/01
Committee: ENVI
Amendment 1395 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 29 a a (new)
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-(19b) The following Article is inserted: “Article 29aa 1. The access to the EU ETS market should be limited to entities that are installations, aviation and maritime operators with compliance obligations under the EU ETS. 2. Only financial intermediaries purchasing allowances for the account of the installation and not their own can be an exception. 3. Article 6(5) of Commission Regulation (EU) No 1031/20210101) should be adjusted in accordance with paragraphs 1 and 2.” Or. en
2022/03/01
Committee: ENVI
Amendment 1470 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
By way of derogation from the first subparagraph, Member States shall use at least 15 % of the revenues generated from the auctioning of allowances for the development of public transport, in particular passenger and freight rail transport and bus services and technologies, as referred to in point (b) of the first subparagraph. This provision can be fulfilled by funding through the Social Climate Fund.
2022/03/01
Committee: ENVI
Amendment 1518 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 2 a (new)
2a. As the transitional measure to facilitate initial application of Chapter IVa through the application of a corridor for a period of 3 years, where the average price of allowance referred to in paragraph 1 is less than 20 EUR, allowances shall be placed into the Market Stability Reserve at a rate of 10 million allowances over 3 months. Where the average price of allowance referred to in paragraph 1 exceeds 60 EUR, allowances shall be released from the Market Stability Reserve at a rate of 10 million allowances over 3 months.
2022/03/02
Committee: ENVI
Amendment 1524 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 2 b (new)
2b. If paragraph 1 or 2 of this Article apply, the application of paragraph 2a shall be suspended during that period.
2022/03/02
Committee: ENVI
Amendment 1546 #

2021/0211(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1
In any given year, if the total number of allowances in circulation is between 833 million and 1 096 million, a number of allowances equal to the difference between the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, and 833 million, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 September of that year. If the total number of allowances in circulation is above 1 096 million allowances, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 September of that year shall be equal to 12 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubled if during the preceding year period on the European carbon market the average allowance price is lower than 30 EUR.
2022/03/02
Committee: ENVI
Amendment 1559 #

2021/0211(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 4600 million allowances shall no longer be validbe set aside for the purpose of increasing the Modernisation Fund, the Innovation Fund and prevention of triggering of the cross-sectoral correction factor.
2022/03/02
Committee: ENVI
Amendment 203 #

2021/0210(COD)

Proposal for a regulation
Recital 10
(10) Policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the principle of technological neutrality. Accordingly, limits should be set on the greenhouse gas intensity of the energy used on-board by ships without prescribing the use of any particular fuel or technology. Artificial contribution via additional multipliers for certain fuels should therefore be avoided. To maximize the impact on greenhouse gas intensity of shipping, especially in the short term, all fuels must be able to contribute to the target.
2022/02/18
Committee: ITRE
Amendment 226 #

2021/0210(COD)

Proposal for a regulation
Recital 17
(17) The well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. The performance of fossil fAllowing the use of actual and certified valuels should however only be assessed through the use of default emission factoris an essential tool for incentivizing the research and development of cleaner fuels asnd provided for by this Regulationpulsion systems.
2022/02/18
Committee: ITRE
Amendment 260 #

2021/0210(COD)

Proposal for a regulation
Recital 40 a (new)
(40 a) Low-carbon fuels and technologies are a quickly developing area of research and development. To ensure the relevancy of the initiative, the Commission should prepare two years after the entry into force of this Regulation a technology- readiness report, analyzing the market readiness and availability of key zero- and low-emission propulsion systems and fuel technologies. Based on this report, the Commission should review the emission factors listed in Annex and, if necessary, include the well-to-wake emission factors related to any new sources of energy and update existing values.
2022/02/18
Committee: ITRE
Amendment 329 #

2021/0210(COD)

Proposal for a regulation
Article 4 – paragraph 4 a (new)
4 a. The Commission should prepare three years after the entry into force of this Regulation a technology-readiness report, analyzing the market readiness and availability of key zero- and low- emission propulsion systems and fuel technologies. Based on this report, the Commission should review the emission factors listed in Annex II and, if necessary, include the well-to-wake emission factors related to any new sources of energy.
2022/02/18
Committee: ITRE
Amendment 429 #

2021/0210(COD)

Proposal for a regulation
Annex II – paragraph 6
Column 2 identifies the name or the pathway of the relevant fuels within the class. For the Liquid Biofuels, Gaseous Biofuels, RFNBO (e-Fuels) the values for the WtT section shall be taken from Directive (EU) 2018/2001 (without combustion32 ); for fossils fuels only the default values in the table shall be used. _________________ 32Reference is made to Directive (EU) 2018/2001, Annex V.C.1.(a) to the term eu ‘emissions from the fuel in use’.
2022/02/18
Committee: ITRE
Amendment 430 #

2021/0210(COD)

Proposal for a regulation
Annex II – paragraph 8
Column 4 contains the CO2eq emissions values in [gCO2eq/MJ]. For fossils fuels only the default values in the table shall be used. For all otherall fuels, (except were expressly indicated), values shall be calculated by using the methodology or the default values as per in Directive (EU) 2018/2001 deducted of the combustion emissions considering full oxidation of the fuel33 . _________________ 33Reference is made to Directive (EU) 2018/2001, Annex V.C.1.(a) to the term eu ‘emissions from the fuel in use’
2022/02/18
Committee: ITRE
Amendment 34 #

2021/0206(COD)

Proposal for a regulation
Recital 10
(10) The increase in the price for fossil fuels may disproportionally affect vulnerable households, vulnerable micro- enterprises, vulnerable small and medium enterprises (SMEs) and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regions, do not have access to alternative, affordable mobility and transport solutions and who may lack the financial capacity to invest into the reduction of fossil fuel consumption.
2022/02/11
Committee: ITRE
Amendment 45 #

2021/0206(COD)

Proposal for a regulation
Recital 12
(12) This is even more relevant in view of the existing levels of energy poverty. Energy poverty is a situation in which households are unable to access essential energy services such as cooling, as temperatures rise, and heaheating or lighting. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6.9% of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey32 . Overall, the Energy Poverty Observatory estimates that more than 50 million households in the European Union experience energy poverty. Energy poverty is therefore a major challenge for the Union. Establishing a common Union- level definition will allow to further compare data across the EU and consequently to better target policy actions. While social tariffs or direct income support can provide immediate relief to households facing energy poverty, only targeted structural measures, in particular energy renovations, can provide lasting solutions. _________________ 32 Data from 2018. Eurostat, SILC [ilc_mdes01]).
2022/02/11
Committee: ITRE
Amendment 54 #

2021/0206(COD)

Proposal for a regulation
Recital 13
(13) A Social Climate Fund (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transport on vulnerable households, vulnerable micro-enterprises, vulnerable SMEs and vulnerable transport users. This should be achieved notably through temporary income support and measures and investments intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low- emission mobility and transport to the benefit of vulnerable households, vulnerable micro-enterprises, vulnerable SMEs and vulnerable transport users.
2022/02/11
Committee: ITRE
Amendment 63 #

2021/0206(COD)

Proposal for a regulation
Recital 14
(14) For that purpose, each Member State shouldmust submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises, vulnerable SMEs and vulnerable transport users the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehicles and mobility. Secondly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans shouldmust have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including temporary direct income support to mitigate adverse income effects in the shorter term. The Plans should set concrete objectives, an implementation timeline and periodically report on progress towards the attainment of the objectives.
2022/02/11
Committee: ITRE
Amendment 76 #

2021/0206(COD)

Proposal for a regulation
Recital 16
(16) Ensuring that the measures and investments are particularly targeted towards energy poor or vulnerable households, vulnerable micro-enterprises, vulnerable SMEs and vulnerable transport users is key for a just transition towards climate neutrality. Support measures to promote reductions in greenhouse gas emissions should also help Member States to address the social impacts arising from the emissions trading for the sectors of buildings and road transport.
2022/02/11
Committee: ITRE
Amendment 85 #

2021/0206(COD)

Proposal for a regulation
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measure accompanying the decarbonisation of the housing and transport sectors and should not exceed 25% of the total expenditure of the national plans. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directive. Eligibility for such direct income support should be limited in time.
2022/02/11
Committee: ITRE
Amendment 99 #

2021/0206(COD)

Proposal for a regulation
Recital 22
(22) The Union should support Member States with financial means to implement their Plans through the Social Climate Fund. Payments from the Social Climate Fund should be made conditional on achievement of the milestones and targets included in the Plans. This would allow efficiently taking into account national circumstances and priorities while simplifying financing and facilitating its integration with other national spending programmes while guaranteeing the impact and the integrity of EU spending. To ensure that vulnerable, households, vulnerable microenterprises and vulnerable SMEs can receive support from the Fund as soon as possible, the Plans should be effectively implemented from the entry into force of the Social Climate Fund, consequently the Commission should pre-finance an amount of up to 15% of the financial contribution of Member States.
2022/02/11
Committee: ITRE
Amendment 126 #

2021/0206(COD)

Proposal for a regulation
Article 1 – paragraph 3
The measures and investments supported by the Fund shall benefit households, micro-enterprises, SMEs and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC, especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas).
2022/02/11
Committee: ITRE
Amendment 133 #

2021/0206(COD)

Proposal for a regulation
Article 1 – paragraph 4
The general objective of the Fund is to contribute to the transition towards climate neutrality by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC. The specific objective of the Fund is to support vulnerable households, vulnerable micro-enterprises, vulnerable SMEs and vulnerable transport users through temporary direct income support and, to a larger extent, through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low- emission mobility and transport.
2022/02/11
Committee: ITRE
Amendment 141 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘building renovation’ means all kinds of energy-related building renovation, including the insulation of the building envelope, that is to say walls, roof, floor, the replacement of windows, the replacement of heating, cooling and cooking appliances, the upgrading of electrical installations and the installation of on-site production of energy from renewable sources;
2022/02/11
Committee: ITRE
Amendment 150 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) ‘energy poverty’ means energy poverty as defined in point [(49)] of Article 2 of Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council50 ; _________________ 50[Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council (OJ C […], […], p. […]).] [Proposal for recast of Directive 2012/27/EU on energy efficiency]ffecting households in the lowest income deciles whose energy costs exceed twice the median ratio between energy costs and disposable income after deduction of housing costs;
2022/02/11
Committee: ITRE
Amendment 155 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ‘small or medium-sized enterprise’ or ‘SME’ means a small or medium-sized enterprise as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC;
2022/02/11
Committee: ITRE
Amendment 159 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘transport users’ means households or, micro-enterprises or SMEs that use various transport and mobility options;
2022/02/11
Committee: ITRE
Amendment 165 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy or to upgrade road vehicles on which they rely in the course of business;
2022/02/11
Committee: ITRE
Amendment 172 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
(12 a) ‘vulnerable SMEs’ means SMEs that are significantly affected by the price impacts of the inclusion of buildings and road transport into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy or to upgrade road vehicles on which they rely in the course of business;
2022/02/11
Committee: ITRE
Amendment 187 #

2021/0206(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures and investments to address the impact of carbon pricing on vulnerable households, vulnerable micro-enterprises, vulnerable SMEs and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union.
2022/02/11
Committee: ITRE
Amendment 201 #

2021/0206(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a
(a) finance measures and investments to increase energy efficiency of buildings, to implement energy efficiency improvement measures, to carry out building renovation, including addressing seismic, fire and electrical safety renovations, and to decarbonise heating and cooling of buildings, including the integration of energy production from renewable energy sources;
2022/02/11
Committee: ITRE
Amendment 214 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) detailed figures on the number of vulnerable households, vulnerable micro- enterprises, vulnerable SMEs and vulnerable transport users, specific reduction goals of these figures and concrete measures and investments in accordance with Article 3 to reduce the negative effects referred to in point (c) of this paragraph together with an explanation of how they would contribute effectively to the achievement of the objectives set out in Article 1 within the overall setting of a Member State’s relevant policies;
2022/02/11
Committee: ITRE
Amendment 227 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c
(c) an estimate of the likely effects of that increase in prices on households, and in particular on incidence of energy poverty, on micro-enterprises, SMEs and on transport users, comprising in particular an estimate and the identification of vulnerable households, vulnerable micro- enterprises, vulnerable SMEs and vulnerable transport users; these impacts are to be analysed with a sufficient level of regional disaggregation, taking into account elements such as access to public transport and basic services and identifying the areas mostly affected, particularly territories which are remote and rural;
2022/02/11
Committee: ITRE
Amendment 232 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point d
(d) where the Plan provides for measures referred to in Article 3(2), the criteria for the identification of eligible final recipients, the indication of the envisaged time limit for the measures in question and their justification on the basis of a quantitative estimate and a qualitative explanation of how the measures in the Plan are expected to reduce energy and transport poverty and the vulnerability of households, micro-enterprises, SMEs and transport users to an increase of road transport and heating fuel prices;
2022/02/11
Committee: ITRE
Amendment 264 #

2021/0206(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point e
(e) reductions in the number of vulnerable households, especially households in energy poverty, of vulnerable micro-enterprises, vulnerable SMEs and of vulnerable transport users, including in rural and remote areas.
2022/02/11
Committee: ITRE
Amendment 279 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such supportdirect income support shall not exceed 25% of the costs of Member States national plans and shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d).
2022/02/11
Committee: ITRE
Amendment 283 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 2 – introductory part
2. After requesting guidance to the Commission on investments in the context of this paragraph, Member States may include the costs of the following measures and investments in the estimated total costs of the Plans, provided they principally benefit vulnerable households, vulnerable micro- enterprises, vulnerable SMEs or vulnerable transport users and intend to:
2022/02/11
Committee: ITRE
Amendment 296 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) contribute to the decarbonisation, including the electrification, of heating and cooling of, powering appliances and cooking in, buildings and the integration of energy from renewable sources that contribute to the achievements of energy savings;
2022/02/11
Committee: ITRE
Amendment 306 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c
(c) support public and private entities in developing and providing affordable and energy efficiency renovation solutions and appropriate funding instruments in line with the social goals of the Fund;
2022/02/11
Committee: ITRE
Amendment 336 #

2021/0206(COD)

Proposal for a regulation
Article 8 – paragraph 1
Member States may include into the estimated total costs financial support provided to public or private entities other than vulnerable households, vulnerable micro-enterprises, vulnerable SMEs and vulnerable transport uses, if those entities carry out measures and investments ultimately benefitting vulnerable households, vulnerable micro- enterprises, vulnerable SMEs and vulnerable transport users.
2022/02/11
Committee: ITRE
Amendment 362 #

2021/0206(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2 a. To ensure that vulnerable, households, vulnerable microenterprises and vulnerable SMEs can receive support from the Fund as soon as possible, the Plans should be effectively implemented from the entry into force of the Social Climate Fund the Commission should be able to pre-finance an amount of up to 15% of the financial contribution of Member States.
2022/02/11
Committee: ITRE
Amendment 378 #

2021/0206(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
(i) whether the Plan represents a response to the social impact on and challenges faced by vulnerable households, vulnerable micro-enterprises, vulnerable SMEs and vulnerable transport users in the Member State concerned from establishing the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, especially households in energy poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the long-term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
2022/02/11
Committee: ITRE
Amendment 386 #

2021/0206(COD)

(i) whether the Plan is expected to have a lasting impact on the challenges addressed by that Plan and in particular on vulnerable households, vulnerable micro- enterprises, vulnerable SMEs and vulnerable transport users, especially households in energy poverty, in the Member State concerned;
2022/02/11
Committee: ITRE
Amendment 396 #

2021/0206(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. The Commission shall assess the amended Plan in accordance with Article 15 and independently of the positive or negative assessment the Commission shall provide guidance on the most efficient mesures and investments foreseen in Article 6, paragraph 2.
2022/02/11
Committee: ITRE
Amendment 408 #

2021/0206(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The recipients of Union funding shallMember States shall ensure that the recipients of Union funding, including for temporary direct income support, acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
2022/02/11
Committee: ITRE
Amendment 409 #

2021/0206(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. The Commission shall implement information and communication actions relating to the Fund, to actions taken pursuant to this Regulation and to the results obtained, including, where appropriate and with the agreement of the national authorities, through joint communication activities with the national authorities and the representation offices of the European Parliament and of the Commission in the Member State concerned. In case of non-compliance with paragraphs 1 and 2 the Commission should be empowered to defer the allocation of funds until the Member State concerned complies with the visibility provisions.
2022/02/11
Committee: ITRE
Amendment 617 #

2021/0203(COD)

Proposal for a directive
Article 8 – paragraph 1 – point b – point i (new)
i) 1,2 % of annual final energy consumption from 1 January 2024 to 31 December 2030, averaged over the three- year period prior to 1 January 2019.
2022/03/22
Committee: ITRE
Amendment 620 #

2021/0203(COD)

Proposal for a directive
Article 8 – paragraph 1 – point c
(c) new savings each year from 1 January 2024 to 31 December 2030 of 1,5 % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020.deleted
2022/03/22
Committee: ITRE
Amendment 882 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point a
a. until 31 December 2025, a system using at least 50% renewable energy, 50% waste heat, 75% cogenerated heat or 50% of a combination of such energy and heat, going into the network;
2022/03/22
Committee: ITRE
Amendment 898 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point b
b. from 1 January 2026, a system using at least 50% renewable energy, 50% waste heat, 8075% of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the network where the share of renewable energy is at least 5% and the total share of renewable energy, waste heat or high- efficiency cogenerated heat is at least 50%;
2022/03/22
Committee: ITRE
Amendment 906 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point c
c. from 1 January 2035, a system using at least 50% renewable energy and waste heat, where the share of renewable energy is at least 20% or a system using at least 75% of high efficiency cogenerated heat and renewable energy, where the share of renewable energy is at least 10%;
2022/03/22
Committee: ITRE
Amendment 916 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point d
d. from 1 January 2045, a system using at least 75 % renewable energy and waste heat, where the share of renewable energy is at least 40%;eleted
2022/03/22
Committee: ITRE
Amendment 928 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point e
e. from 1 January 2050, a system using only renewable energy and waste heat, where the share of renewable energy is at least 60%.deleted
2022/03/22
Committee: ITRE
Amendment 936 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point e a (new)
e a. where the share of waste and non- carbon heat exceeds the criteria in points (c), (d) and (e), waste and non-carbon heat may replace any of the other energy sources;
2022/03/22
Committee: ITRE
Amendment 939 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 2
2. Member States shall ensure that where a district heating and cooling system is built or substantially refurbished it meets the criteria set out in paragraph 1 applicable at such time when it starts or continues its operation after the refurbishment. In addition, Member States shall ensure that when a district heating and cooling system is built or substantially refurbished, there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas.
2022/03/22
Committee: ITRE
Amendment 17 #

2021/0202(COD)

Proposal for a decision
Recital 8 a (new)
(8a) To effectively align emissions trading with the 2030 climate targets, strengthen the ETS resilience to price shocks, and increase planning certainty for the development of and investment in decarbonisation technologies, ad hoc interventions in the market stability reserve must be carefully scrutinized and where possible avoided.
2022/02/01
Committee: ITRE
Amendment 18 #

2021/0202(COD)

Proposal for a decision
Recital 10 a (new)
(10a) It has been observed that the delay between the publication of the total number of allowances in circulation and the start of the period where allowances are placed in the market stability reserve by deducting certain quantities from the volume of allowances to be auctioned, currently of three and a half months, incentivises a speculative behaviour leading to an artificial increase of prices of allowances. This delay should therefore be reduced to one month and a half.
2022/02/01
Committee: ITRE
Amendment 19 #

2021/0202(COD)

Proposal for a decision
Recital 12 a (new)
(12a) Any review and adjustment to the market stability reserve should aim to minimize regulatory complexity and market speculation, while ensuring a maximum degree of market predictability and fitness of the EU Emissions Trading System in line with the Union’s increased climate ambition for 2030.
2022/02/01
Committee: ITRE
Amendment 33 #

2021/0202(COD)

Proposal for a decision
Article 1 – paragraph 1
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1a
By way of derogation from the first and second sentences, until 31 December 2030, the percentages and the 100 million allowances referred to in those sentences shall be doubled, if during the preceding year period on the European carbon market the average allowance price is lower than EUR 30.
2022/02/01
Committee: ITRE
Amendment 138 #

2021/0106(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) The development of AI applications might bring down the costs and increase the volume of services available, e.g. health services, public transport, Farming 4.0, making them more affordable to a wider spectrum of society; that AI applications may also result in the rise of unemployment, pressure on social care systems, and an increase of poverty; in accordance with the values enshrined in Article 3 of the Treaty on European Union, there might be a need to adapt Union AI transformation to socioeconomic capacities, to create adequate social shielding, support education and incentives to create alternative jobs; the establishment of a Union AI Adjustment Fund building upon the experience of The European Globalisation Adjustment Fund (EGF) or the currently developed Just Transition Fund should be considered.
2022/03/31
Committee: ITRE
Amendment 169 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended to distort human behaviour, whereby with due diligence it could be predicted that physical or psychological harms are likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
2022/03/31
Committee: ITRE
Amendment 250 #

2021/0106(COD)

(76a) An AI advisory council (‘the Advisory Council’) should be established as a sub-group of the Board consisting of relevant representatives from industry, research, academia, civil society, standardisation organisations, relevant common European data spaces, and other relevant stakeholders, including social partners, where appropriate depending on the subject matter discussed, representing all Member States to maintain geographical balance. The Advisory Council should support the work of the Board by providing advice relating to the tasks of the Board. The Advisory Council should nominate a representative to attend meetings of the Board and to participate in its work.
2022/03/31
Committee: ITRE
Amendment 253 #

2021/0106(COD)

Proposal for a regulation
Recital 86 a (new)
(86a) In order to ensure uniform conditions for the implementation of this Regulation, it shall be accompanied by the publication of guidelines to help all stakeholders to interpret key concepts covered by the Regulation, such as prohibited or high-risk AI cases and the precise means and implementation rules of the Regulation by national competent authorities;
2022/03/31
Committee: ITRE
Amendment 260 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) users of AI systems located withusing the AI system in the Union ;
2022/03/31
Committee: ITRE
Amendment 275 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, indispensably with some degree of autonomy, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
2022/03/31
Committee: ITRE
Amendment 322 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm that could be predicted with due diligence;
2022/03/31
Committee: ITRE
Amendment 324 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm that could be predicted with due diligence;
2022/03/31
Committee: ITRE
Amendment 328 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use by law enforcement is strictly necessary for one of the following objectives:
2022/03/31
Committee: ITRE
Amendment 328 #

2021/0106(COD)

(3 a) The development of AI applications might bring down the costs and increase the volume of services available, e.g. health services, public transport, Farming 4.0, making them more affordable to a wider spectrum of society; that AI applications may also result in the rise of unemployment, pressure on social care systems, and an increase of poverty; in accordance with the values enshrined in Article 3 of the Treaty on European Union, there might be a need to adapt the Union AI transformation to socioeconomic capacities, to create adequate social shielding, support education and incentives to create alternative jobs; the establishment of a Union AI Adjustment Fund building upon the experience of The European Globalisation Adjustment Fund (EGF) or the currently developed Just Transition Fund should be considered;
2022/06/13
Committee: IMCOLIBE
Amendment 351 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph -1 (new)
-1. The AI system shall be considered high-risk where it meets the following two cumulative criteria:  (a) the AI system is used or applied in a sector where, given the characteristics of the activities typically undertaken, significant risks of harm to the health and safety or a risk of adverse impact on fundamental rights of users, as outlined in Article 7(2) can be expected to occur. (b) the AI system application in the sector in question is used in such a manner that significant risks of harm to the health and safety or a risk of adverse impact on fundamental rights of users, as outlined in Article 7(2) are likely to arise.
2022/03/31
Committee: ITRE
Amendment 357 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, and in accordance with paragraph -1 of this Article, AI systems referred to in Annex III shall also be considered high-risk.
2022/03/31
Committee: ITRE
Amendment 376 #

2021/0106(COD)

Proposal for a regulation
Recital 8
(8) The notion of biometric identification system, including remote biometric identification system as used in this Regulation, should be defined functionally, as an AI system intended for the identification of natural persons including at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database repository, excluding verification/ authentication systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real- time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned.
2022/06/13
Committee: IMCOLIBE
Amendment 410 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases, defined as a statistical error or a top-down introduction of assumptions harmful to an individual, that are likely to affect health and safety of persons or lead to discrimination prohibited by Union law;
2022/03/31
Committee: ITRE
Amendment 431 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended to distort human behaviour, whereby with due diligence it could be predicted that physical or psychological harms are likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
2022/06/13
Committee: IMCOLIBE
Amendment 520 #

2021/0106(COD)

Proposal for a regulation
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any. In particular, the classification as high-risk according to Article 6 should not apply to AI systems whose intended purpose demonstrates that the generated output is a recommendation, provided it is delivered with the information on its accuracy or other relevant methodical aspects necessary for the decision making. A human intervention is required to convert this recommendation into an action.
2022/06/13
Committee: IMCOLIBE
Amendment 523 #

2021/0106(COD)

Proposal for a regulation
Article 51 – paragraph 1
1. Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2), the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
2022/03/31
Committee: ITRE
Amendment 527 #

2021/0106(COD)

Proposal for a regulation
Article 51 – paragraph 1 a (new)
2. A high-risk AI system designed, developed, trained, validate, tested or approved to be placed on the market or put into service, outside the EU, can be registered in the EU database referred to in Article 60 and placed on the market or put into service in EU only if it is proven that at all the stages of its design, development, training, validation, testing or approval, all the obligations required from such AI systems in EU have been met.
2022/03/31
Committee: ITRE
Amendment 549 #

2021/0106(COD)

Proposal for a regulation
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons, including remote biometric identification, can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems , including remote biometric identification, should be classified as high-risk. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversight.
2022/06/13
Committee: IMCOLIBE
Amendment 572 #

2021/0106(COD)

Proposal for a regulation
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Due to the fact that AI systems related to low-value credits for the purchase of movables do not cause high risk, it is proposed to exclude this category from the scope of high-risk AI category as well. . Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
2022/06/13
Committee: IMCOLIBE
Amendment 597 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 3 a (new)
3a. The Board shall establish a AI Advisory Council (Advisory Council). The Advisory Council shall be composed of relevant representatives from industry, research, academia, civil society, standardisation organisations, relevant common European data spaces and other relevant stakeholders or third parties appointed by the Board, representing all Member States to maintain geographical balance. The Advisory Council shall support the work of the Board by providing advice relating to the tasks of the Board. The Advisory Council shall nominate a relevant representative, depending on the configuration in which the Board meets, to attend meetings of the Board and to participate in its work. The composition of the Advisory Council and its recommendations to the Board shall be made public.
2022/03/31
Committee: ITRE
Amendment 622 #

2021/0106(COD)

Proposal for a regulation
Recital 43 a (new)
(43 a) Fundamental rights impact assessments for high-risk AI systems may include a clear outline of the intended purpose for which the system will be used, a clear outline of the intended geographic and temporal scope of the system’s use, categories of natural persons and groups likely to be affected by the use of the system or any specific risk of harm likely to impact marginalised persons or groups at risk of discrimination, or increase societal inequalities;
2022/06/13
Committee: IMCOLIBE
Amendment 638 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used for recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
2022/03/31
Committee: ITRE
Amendment 742 #

2021/0106(COD)

Proposal for a regulation
Recital 76 a (new)
(76 a) An AI advisory council(‘the Advisory Council’) should be established as a sub-group of the Board consisting of relevant representatives from industry, research, academia, civil society, standardisation organisations, relevant common European data spaces, and other relevant stakeholders, including social partners, where appropriate depending on the subject matter discussed, representing all Member States to maintain geographical balance. The Advisory Council should support the work of the Board by providing advice relating to the tasks of the Board. The Advisory Council should nominate a representative to attend meetings of the Board and to participate in its work.
2022/06/13
Committee: IMCOLIBE
Amendment 775 #

2021/0106(COD)

Proposal for a regulation
Recital 86 a (new)
(86 a) In order to ensure uniform conditions for the implementation of this Regulation, it should be accompanied by the publication of guidelines to help all stakeholders to interpret key concepts covered by the Regulation, such as prohibited or high-risk AI cases and the precise means and implementation rules of the Regulation by national competent authorities;
2022/06/13
Committee: IMCOLIBE
Amendment 822 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) users of AI systems located withusing the AI system in the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 914 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, indispensably with some degree of autonomy, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
2022/06/13
Committee: IMCOLIBE
Amendment 1049 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system, including remote biometric identification, for the purpose of identifying natural persons including at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database repository, excluding verification/authentication systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises; , and without prior knowledge of the user of the AI system whether the person will be present and can be identified ;
2022/06/13
Committee: IMCOLIBE
Amendment 1137 #

2021/0106(COD)

Proposal for a regulation
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, within the scope of the definition of an AI system as provided for in Article 3(1), in order to update that list to market and technological developments on the basis of characteristics and hazards that are similar to the techniques and approaches listed therein.
2022/06/13
Committee: IMCOLIBE
Amendment 1165 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm that could be predicted with due diligence;
2022/06/13
Committee: IMCOLIBE
Amendment 1183 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm that could be predicted with due diligence;
2022/06/13
Committee: IMCOLIBE
Amendment 1243 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use by law enforcement is strictly necessary for one of the following objectives:
2022/06/13
Committee: IMCOLIBE
Amendment 1412 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph -1 (new)
-1. The AI system shall be considered high-risk where it meets the following two cumulative criteria:  (a) the AI system is used or applied in a sector where, given the characteristics of the activities typically undertaken, significant risks of harm to the health and safety or a risk of adverse impact on fundamental rights of users, as outlined in Article 7(2) can be expected to occur. (b) the AI system application in the sector in question is used in such a manner that significant risks of harm to the health and safety or a risk of adverse impact on fundamental rights of users, as outlined in Article 7(2) are likely to arise.
2022/06/13
Committee: IMCOLIBE
Amendment 1443 #

2021/0106(COD)

2. In addition to the high-risk AI systems referred to in paragraph 1 and in accordance with Article 6– paragraph -1a, AI systems referred to in Annex III shall also be considered high-risk.
2022/06/13
Committee: IMCOLIBE
Amendment 1698 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases defined as a statistical error or a top-down introduction of assumptions harmful to an individual, that are likely to affect health and safety of persons or lead to discrimination prohibited by Union law;
2022/06/13
Committee: IMCOLIBE
Amendment 1716 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Training, validation and testing datasets sets shall be relevant, representative, up-to-date, and to the extent that it could be reasonably expected, taking into account the state of the art, free of errors and as complete as could be reasonably expected . They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
2022/06/13
Committee: IMCOLIBE
Amendment 1813 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which the AI system is in use, where required by the risk analysis as foreseen in the product legislations listed in Annex II.
2022/06/13
Committee: IMCOLIBE
Amendment 2061 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 5 a (new)
5 a. Users of high-risk AI systems which affect natural persons, in particular, by evaluating or assessing them, making predictions about them, recommending information, goods or services to them or determining or influencing their access to goods and services, shall inform the natural persons that they are subject to the use of such an high-risk AI system. This information shall include a clear and concise indication of the user and the purpose of the high-risk AI system, information about the rights of the natural person conferred under this Regulation, and a reference to publicly available resource where more information about the high-risk AI system can be found, in particular the relevant entry in the EU database referred to in Article 60, if applicable.This information shall be presented in a concise, intelligible and easily accessible form, including for persons with disabilities. This obligation shall be without prejudice to other Union or Member State laws, in particular Regulation 2016/679 [GDPR], Directive 2016/680 [LED], Regulation 2022/XXX [DSA].
2022/06/13
Committee: IMCOLIBE
Amendment 2080 #

2021/0106(COD)

Proposal for a regulation
Article 29 a (new)
Article 29 a Fundamental rights impact assessments for high-risk AI systems 1. The user of a high-risk AI system as defined in Article 6 paragraph 2 shall conduct an assessment of the system’s impact on fundamental rights and public interest in the context of use before putting the system into use and at least every two years afterwards. The information on clear steps as to how the potential harms identified will be mitigated and how effective this mitigation is likely to be should be included. 2. If adequate steps to mitigate the risks outlined in the course of the assessment in paragraph 1 cannot be identified, the system shall not be put into use. Market surveillance authorities, pursuant to their capacity under Articles 65 and 67, shall take this information into account when investigating systems which present a risk at national level. 3. In the course of the impact assessment, the user shall notify relevant national authorities and all relevant stakeholders. 4. Where, following the impact assessment process, the user decides to put the high- risk AI system into use, the user shall be required to publish the results of the impact assessment as part of the registration of use pursuant to their obligation under Article 51 paragraph 2. 5. Users of high-risk AI systems shall use the information provided to them by providers of high-risk AI systems under Article 13 to comply with their obligation under paragraph 1. 6. The obligations on users in paragraph 1 is without prejudice to the obligations on users of all high-risk AI systems as outlined in Article 29.
2022/06/13
Committee: IMCOLIBE
Amendment 2245 #

2021/0106(COD)

Proposal for a regulation
Article 51 – paragraph 1
1. Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2), the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
2022/06/13
Committee: IMCOLIBE
Amendment 2250 #

2021/0106(COD)

Proposal for a regulation
Article 51 – paragraph 1 a (new)
2. A high-risk AI system designed, developed, trained, validate, tested or approved to be placed on the market or put into service, outside the EU, can be registered in the EU database referred to in Article 60 and placed on the market or put into service in the EU only if it is proven that at all stages of its design, development, training, validation, testing or approval, all the obligations required from such AI systems in EU have been met;
2022/06/13
Committee: IMCOLIBE
Amendment 2457 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 3 a (new)
3 a. The Board shall establish a AI Advisory Council (Advisory Council). The Advisory Council shall be composed of relevant representatives from industry, research, academia, civil society, standardisation organisations, relevant common European data spaces and other relevant stakeholders or third parties appointed by the Board, representing all Member States to maintain geographical balance. The Advisory Council shall support the work of the Board by providing advice relating to the tasks of the Board. The Advisory Council shall nominate a relevant representative, depending on the configuration in which the Board meets, to attend meetings of the Board and to participate in its work. The composition of the Advisory Council and its recommendations to the Board shall be made public.
2022/06/13
Committee: IMCOLIBE
Amendment 2774 #

2021/0106(COD)

Proposal for a regulation
Article 68 a (new)
Article 68 a Representation of affected persons and the right of public interest organisation to lodge complaints 1. Without prejudice to Directive 2020/1828/EC, natural per-sons or groups of natural persons affected by an AI system shall have the right to mandate a body, organisation or association to lodge a complaint referred to in Article 68 on their behalf, to exercise the right to remedy referred to in Article 68 on their behalf, and to exercise on their behalf other rights under this Regulation, in particular the right to receive an explanation referred to in Article 4a 2. Without prejudice to Directive 2020/1828/EC, the bodies, organisations or associations referred to in paragraph 1 shall have the right to lodge a complaint with national supervisory authorities, independently of the mandate of the natural per-son, if they consider that an AI system has been placed on the market, put into service, or used in a way that infringes this Regulation, or is otherwise in violation of fundamental rights or other aspects of public interest protection, pursuant to article 67. 3. National supervisory authorities have the duty to investigate, in conjunction with relevant market surveillance authority if applicable, and respond within a reasonable period to all com- plaints referred to in paragraph 2.
2022/06/13
Committee: IMCOLIBE
Amendment 2817 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, the Commission in consultation with Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and in cooperation with Member States shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the size and the interests of small-scaleSME providers andincluding start- ups and their economic viability.
2022/06/13
Committee: IMCOLIBE
Amendment 2823 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 2
2. The Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3054 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
1. Biometric identification and categorisation of natural persons:
2022/06/13
Committee: IMCOLIBE
Amendment 3062 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons without their agreement, including remote biometric identification;
2022/06/13
Committee: IMCOLIBE
Amendment 3111 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used for recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
2022/06/13
Committee: IMCOLIBE
Amendment 3131 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providers for their own use; or AI systems related to low- value credits for the purchase of movables;
2022/06/13
Committee: IMCOLIBE
Amendment 3145 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point c a (new)
(c a) AI systems intended to be used for insurance premium setting, underwritings and claims assessments, with the exception of AI systems related to low- value property insurance.
2022/06/13
Committee: IMCOLIBE
Amendment 62 #

2021/0045(COD)

Proposal for a regulation
Recital 28
(28) Roaming customers should, to the greatest extent possible, be able to use the retail services that they subscribe to and benefit from the same level of quality of service as at home, when roaming in the Union. To that end, roaming providers should take the necessary measures to ensure that regulated retail roaming services are provided under the same conditions as if such services were consumed domestically. In particular, the same quality of service should be offered to customers when roaming, if technically feasible.
2021/06/23
Committee: ITRE
Amendment 89 #

2021/0045(COD)

Proposal for a regulation
Recital 59
(59) It is necessary to monitor and to review regularly the functioning of wholesale roaming markets and their interrelationship with the retail roaming markets, taking into account competitive and technological developments and traffic flows. The Commission should submit twobiennial reports to the European Parliament and to the Council. In its biennial reports, the Commission should, in particular, assess whether RLAH has any impact on the evolution of tariff plans available on the retail markets. That should include, on the one hand, an assessment of any emergence of tariff plans that include only domestic services and that exclude retail roaming services altogether, thus undermining the very objective of RLAH and, on the other, an assessment of any reduction in the availability of flat-rate tariff plans, which could also represent a loss for consumers and undermine the objectives of the digital single market. The Commission’s reports should, in particular, analyse the extent to which exceptional retail roaming surcharges have been authorised by national regulatory authorities, the ability of home network operators to sustain their domestic charging models and the ability of visited network operators to recover the efficiently incurred costs of providing regulated wholesale roaming services. In addition, the Commission’s reports should assess how, at wholesale level, access to the different network technologies and generations is ensured; the level of usage of trading platforms and similar instruments to trade traffic at wholesale level; the evolution of the machine-to- machine roaming; the persisting problems at retail level in relation to value added services and the application of the measures on emergency communications . Furthermore the Commission's reports should assess what impact the roll-out and implementation of new network technologies (e.g.5G) as well as the COVID-19-pandemic have on the roaming market. In order to enable such reporting with a view to assessing how the roaming markets adapt to RLAH rules, sufficient data should be gathered on the functioning of those markets after the implementation of those rules. The Commission shall continuously work on obtaining new data on the roaming market and making the data publicly available.
2021/06/23
Committee: ITRE
Amendment 148 #

2021/0045(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. IBy 31 December 2022, in order to ensure consistent application of Articles 6 and 7, the Commission shall, after having consulted BEREC, adopt and periodically review in the light of market developments implementing acts laying down detailed rules on the application of fair use policy and on the methodology for assessing the sustainability of the provision of retail roaming services at domestic prices and on the application to be submitted by a roaming provider for the purposes of that assessment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 4(2).
2021/06/23
Committee: ITRE
Amendment 223 #

2021/0045(COD)

Proposal for a regulation
Article 21 – paragraph new1 – subparagraph 1 – point i a (new)
(i a) the effectiveness of the quality of service obligations introduced in this Regulation and to which extent customers are properly informed and can benefit from a genuine RLAH experience;
2021/06/23
Committee: ITRE
Amendment 249 #

2021/0045(COD)

Proposal for a regulation
Article 26 – paragraph 1 a (new)
This Regulation shall apply from the date of its entry into force. However, the second subparagraph of Article 14(1) and the second paragraph of Article 16 shall apply from 1 January 2023 insofar as those provisions are related to the establishment of the database referred to in Article 17.
2021/06/23
Committee: ITRE
Amendment 4 #

2020/2242(INI)

Motion for a resolution
Citation 3 a (new)
- having regard to the OECD Declaration of 23 February 2018 on Strengthening SMEs and Entrepreneurship for Productivity and Inclusive Growth,
2020/12/11
Committee: ITRE
Amendment 7 #

2020/2242(INI)

Motion for a resolution
Citation 6 a (new)
- having regard to the Commission communication of 14 October 2020 entitled ‘An EU strategy to reduce methane emissions’ (COM(2020)0663),
2020/12/11
Committee: ITRE
Amendment 27 #

2020/2242(INI)

Motion for a resolution
Recital B
B. whereas the transition to a net-zero greenhouse gas economy requires a clean energy transition that ensures sustainability, technology neutrality, security of supply and, affordability of energy and competitiveness of energy prices;
2020/12/11
Committee: ITRE
Amendment 42 #

2020/2242(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the current legislative framework regulating natural gas has provided sustainability, security of supply and affordability of energy for European consumers for decades and thus should be expanded further to foster the development of a future pan-European hydrogen market;
2020/12/11
Committee: ITRE
Amendment 53 #

2020/2242(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas the development of hydrogen systems might be addressed differently by Member States, taking into account differences in the topology of their existing gas infrastructure, their capacity to develop different ways of hydrogen production technologies, different potential for innovation and a varying demand for hydrogen by different industries in each member state;
2020/12/11
Committee: ITRE
Amendment 56 #

2020/2242(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas building of a competitive hydrogen market that contributes in a time and cost-efficient manner to the Union’s climate-neutrality objective for 2050 requires well developed transmission infrastructure to distribute hydrogen efficiently from production sites to consumption areas across the Union, which may be achieved based on repurposing of existing gas grids and building dedicated hydrogen transmission infrastructure;
2020/12/11
Committee: ITRE
Amendment 60 #

2020/2242(INI)

Motion for a resolution
Recital C d (new)
Cd. whereas the principle of additionality as framed in article 27 of the Renewable Energy Directive poses major risks to hydrogen investments and hydrogen uptake;
2020/12/11
Committee: ITRE
Amendment 65 #

2020/2242(INI)

Motion for a resolution
Paragraph 1
1. Stresses the need to maintain and further develop European technological leadership in clearenewable and low-carbon hydrogen13 through a competitive and sustainable hydrogen economy with an integrated hydrogen market; emphasises the necessity of a European hydrogen strategy that covers the whole hydrogen value chain, including the demand and supply sectors, and is coordinated with national efforts to bring down the costs of clearenewable and low-carbon hydrogen; welcomes, therefore, the hydrogen strategy for a climate-neutral Europe proposed by the Commission and the national strategies and investment plans for hydrogen of several member states; urges the Commission to streamline its approach on hydrogen with the industrial strategy and make it part of a coherent industrial policy; _________________ 13 According to the Commission, ʻclean hydrogenʼ refers to hydrogen produced through electrolysis of water with electricity from renewable sources. It may also be produced through reforming of biogas or biochemical conversion of biomass, if in compliance with sustainability requirements.
2020/12/11
Committee: ITRE
Amendment 75 #

2020/2242(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the ‘energy efficiency first’ principle prevails and that direct electrification, where possible, is the preferable option for decarbonisation as it ise importance of a resilient and climate neutral energy system based on the principles of energy efficiency, cost efficiency and security of supply; stresses that, while direct electrification is an important pathway towards decarbonisation, it should only be the preferable option, where it is technologically, socially and economically more feasible and more cost- and energy- efficient than the use of renewable or low- carbon hydrogen or other alternatives; notes, however, that the ‘energy efficiency first’ principle should not prevent the development of innovative pilot and demonstration projects in view of making clean hydrogen competitive;
2020/12/11
Committee: ITRE
Amendment 88 #

2020/2242(INI)

Motion for a resolution
Paragraph 3
3. Is convinced that only clearenewable and low carbon hydrogen is sustainably contributing to achieving climate neutrality in the long term; stresses that low-carbon hydrogen will play an important role by significantly contributing to the reduction of emissions in the short and medium term and to the development of an EU hydrogen economy by scaling-up the market;
2020/12/11
Committee: ITRE
Amendment 94 #

2020/2242(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Acknowledges the need of a regulatory framework in full respect of the proportionality, subsidiarity, and better regulation principles, emphasising the SME-Test;
2020/12/11
Committee: ITRE
Amendment 99 #

2020/2242(INI)

Motion for a resolution
Paragraph 4
4. Believes that a common legal classification of the different types of hydrogen is of utmost importance; welcomes the classification proposed bypoints out that rapid agreement on a comprehensive and science-based uniform EU-wide terminology for renewable and low carbon hydrogen is necessary to adapt national legal definitions and to provide a clear classification which brings with it legal certainty; stresses that this classification should be based on the carbon content of hydrogen and stepping away from the Ccommissiononly used colour-based approach; notes that avoiding two names for the same category, such as ʻrenewableʼ and ʻcleanʼ hydrogen, could further clarify that classification;
2020/12/11
Committee: ITRE
Amendment 109 #

2020/2242(INI)

Motion for a resolution
Paragraph 5
5. Underlines the urgent need for European standards, certification and labelling systems for clean hydrogen and a system of guarantees of origin for renewablehydrogen and electricity; believes that clean hydrogen production should be determinclassified according to an independent, science- based review, well-to-wheels assessment of its lifecycle emissions; calls on the Commission to provide a regulatory framework as early as possible in 2021technology- neutral emissions threshold standard for hydrogen and a regulatory framework that ensures guarantees of origin, tradability across member states and is consistent with the ETS as early as possible in 2021; stresses that one core criterion for the standards, certification and labelling systems should be the carbon content rather than the production method in order to respect technology neutrality;
2020/12/11
Committee: ITRE
Amendment 120 #

2020/2242(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission to provide clarification on the role of carbon capture and utilisation or storage (CCU and CCS) by providing an enhanced framework for this technology and by addressing barriers;
2020/12/11
Committee: ITRE
Amendment 140 #

2020/2242(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the Commission’s ambitious goals of increasing the capacity of renewable hydrogen electrolysers and hydrogen production; urges the Commission and the Member States to incentivise the value chain and market uptake of clean hydrogen in order to make it technologically mature and competitive with fossil-basedrenewable and low- carbon hydrogen14 ; _________________ 14According to the Commission, ʻlow- carbon hydrogenʼ encompasses fossil- based hydrogen with carbon capture and electricity-based hydrogen, with significantly reduced full life-cycle greenhouse gas emissions compared to existing hydrogen production. in order to make it technologically mature and competitive;
2020/12/11
Committee: ITRE
Amendment 149 #

2020/2242(INI)

Motion for a resolution
Paragraph 8
8. Highlights that for a functioning and predictable internal hydrogen market, regulatory barriers need to be overcome and a coherent and comprehensive regulatory framework createdfor a hydrogen market design should be created and proposed by the Commission; highlights in this regard the need for a flexible hydrogen market in order to facilitate innovative first-movers to make full use of the benefits and drive down the costs of hydrogen production; believes that the gas market regulatory framework and the Clean Energy Package could serve as blueprints for that purpose;
2020/12/11
Committee: ITRE
Amendment 155 #

2020/2242(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Acknowledges the role of blending and injecting hydrogen into the natural gas grid as an important driver for the initial scale-up of a hydrogen market by making use of existing infrastructure in the absence of dedicated hydrogen pipelines; notes that blending enables renewable energy producers to access the current gas market and contributes to the decarbonisation of the gas sector;
2020/12/11
Committee: ITRE
Amendment 165 #

2020/2242(INI)

Motion for a resolution
Paragraph 9
9. Notes that, in order to build up a sustainable hydrogen economy fast enough to reach our climate goals, low-carbon hydrogen can play a transitional role; calls on the Commission to assess for how long and how much of this hydrogen would be needed approximately for decarbonisation purposes until solely clean hydrogen can play this rolemust play a vital and complementary role in ramping up the market; highlights in this regard, the important role of carbon capture and storage technologies (CCS); calls on the Commission to set up a technology- neutral regulatory framework and reduce regulatory and economic hurdles to foster a quick market uptake of low-carbon hydrogen;
2020/12/11
Committee: ITRE
Amendment 180 #

2020/2242(INI)

Motion for a resolution
Paragraph 10
10. Underlines that a clean hydrogen economy requires significant additional amounts of affordable renewable energy and the corresponding infrastructure; urges the Commission to develop a clear roadmap for investments in the relevant infrastructure for the production, transport and distribution of renewable and low carbon hydrogen; calls on the Commission and the Member States to step up their efforts in this regard and to abolishmake expedient use of taxes and levies on renewable electricity used to produce renewable hydrogen, promoting technologies that contribute to the decarbonisation of the economy, while avoiding undue market distortions at the expense of other energy sources;
2020/12/11
Committee: ITRE
Amendment 207 #

2020/2242(INI)

Motion for a resolution
Paragraph 11
11. Emphasises the timely need for hydrogen production and transport, storage, transport and distribution infrastructure and the parallel development of demand and supply; welcomes, in this respect, the Commission’s intention to review Regulation No 347/2013 of 17 April 2013 on guidelines for trans- European energy infrastructure (the TEN-E Regulation)15 ; notes that, despite the concentration on industrial clusters in the first phase, the progressive reconversion of distribution grids and the planning of infrastructure for transmission over longer distances and its regulation should already be undertaken; notes the synergy benefits of integrating hydrogen production and infrastructure with other parts of flexible, multi-energy systems, such as waste heat recovery for district heating grids; _________________ 15 OJ L 115, 25.4.2013, p. 39.
2020/12/11
Committee: ITRE
Amendment 221 #

2020/2242(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Underlines that interoperability with the gas system and interconnection of hydrogen infrastructure within the EU must be assured in order to develop a functioning internal market and drive forward the integration of the energy system;
2020/12/11
Committee: ITRE
Amendment 229 #

2020/2242(INI)

Motion for a resolution
Paragraph 12
12. Encourages the Commission and the Member States to assess the possibility ofgradually repurposinge existing gas pipelinesinfrastructure for the transport of pure hydrogen, storage and distribution of hydrogen as well as of hydrogen and natural gas blends in order to maximise cost efficiency and minimise investment costs and levelised costs of transmission; and distribution; underlines the need of setting targets to encourage the necessary energy infrastructure and incentivise appropriate capacity building, while avoiding the creation of artificial needs;
2020/12/11
Committee: ITRE
Amendment 244 #

2020/2242(INI)

12a. Underlines the necessity of upholding unbundling as a guiding principle for the design of hydrogen markets; stresses that unbundling plays a key role in ensuring that innovation and new products are provided in the most cost-efficient manner on energy markets; is convinced that any derogation from this regulatory principle in the medium term would come at an unnecessarily high cost to end consumers;
2020/12/11
Committee: ITRE
Amendment 255 #

2020/2242(INI)

Motion for a resolution
Paragraph 13
13. Highlights that, in order to achieve a fast market uptake of crenewable and low- carbon hydrogen and to avoid carbon lock- ins, demand for clean hydrogen mustshould increase; acknowledges that the initial focus of hydrogen demand should be on sectors for which the use of hydrogen is close to being competitive or that currently cannot be decarbonised, by other mealess complex and cheaper means and technological solutions; believes that for these sectors roadmaps for demand development, investment and research needs should be established at European level; agrees with the Commission that demand-side policies such as quotas for the use of clean hydrogen in a limited number of specific sectors and financial tools such as carbon contracts for difference (ʻCCfDʼ) are necessary to promote decarbonisation through clean hydrogencould be considered for a transitional period to promote decarbonisation through renewable and low-carbon hydrogen, while avoiding the creation of artificial needs and undue market distortions at the expense of other energy sources; stresses that demand side policies should be consistent with other policy measures and subject to a thorough impact assessment to avoid any negative effects on energy consuming industries facing international competition; emphasises in this regard the importance of market-based solutions for creating a market and a level playing field for different technologies with a focus on cost-effective reduction of GHG as well as resilience and competitiveness of the EU economy;
2020/12/11
Committee: ITRE
Amendment 268 #

2020/2242(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the Commission to consider clear incentives for the application and use of hydrogen to different end-consumer sectors in order to trigger the demand for hydrogen; stresses that regulatory incentives, such as the possibility to account for hydrogen or synthetic fuels towards sector renewable targets or emission reduction thresholds in relevant EU legislation, including the REDII, should be provided;
2020/12/11
Committee: ITRE
Amendment 277 #
2020/12/11
Committee: ITRE
Amendment 280 #

2020/2242(INI)

Motion for a resolution
Paragraph 13 c (new)
13c. Underlines the need to design a market providing clean and low-carbon hydrogen as climate protection option to all businesses and in particular SMEs; calls on the Commission to estimate the amount of renewable and low-carbon hydrogen needed to help industrial SMEs to decarbonise their production processes and energy supply;
2020/12/11
Committee: ITRE
Amendment 287 #

2020/2242(INI)

Motion for a resolution
Paragraph 14
14. Stresses the importance of research, development and innovation along the whole value chain and, of demonstration projects on an industrial scale and of pilot projects on a smaller scale in order to make crenewable and low-carbon hydrogen competitive; believes that involving SMEs and equipping workers with adequate knowledge about hydrogen are of the utmost importance; highlights, in this regard, the need for research and development in carbon capture and storage technologies (CCS); stresses that, in order to have a proper integration of hydrogen in European society, human resources with a set of specialised skills are needed, especially when it comes to safety; to this end, believes that involving SMEs and equipping workers with adequate knowledge about hydrogen are of the utmost importance; calls on the Commission to adopt an action plan aimed at guiding Member States to develop dedicated training programmes towards workers, engineers, technicians but also to the general public and to create multi-disciplinary teaching programmes for economists, scientists and students;
2020/12/11
Committee: ITRE
Amendment 297 #

2020/2242(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Stresses the need to ensure access to finance and innovation assets, such as incubators and joint research projects, for start-ups and SMEs to take root in the hydrogen industry; calls on the Commission to ensure equal market access as well as the facilitation of market entries for such undertakings promoting their participation, e.g. by proactively appointing them for roundtables and feedback in public consultation processes;
2020/12/11
Committee: ITRE
Amendment 299 #

2020/2242(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Emphasises that Europe is leading in the manufacturing of electrolysers and needs to maintain and advance this competitive edge; stresses that European RDI efforts in hydrogen should focus on a wide range of hydrogen technologies focusing on raising technology readiness levels;
2020/12/11
Committee: ITRE
Amendment 301 #

2020/2242(INI)

Motion for a resolution
Paragraph 15
15. Underlines that significant amounts of investment are needed to make clearenewable and low-carbon hydrogen competitive, and that European programmes and financing instruments such as Horizon Europe, the Connecting Europe Facility, InvestEU and the ETS Innovation Fund have a key role in fostering a crenewable and low-carbon hydrogen economy; stresses the need to ensure access to finance and innovation assets for SMEs; deeply deplores the Council’s cuts affecting these instruments; calls on the Commission to develop a coordinated investment strategy for clean hydrogerenewable and low-carbon hydrogen as well as carbon capture utilisation and storage technologies; calls on the Commission to include low-carbon hydrogen in the EU Taxonomy Regulation;
2020/12/11
Committee: ITRE
Amendment 313 #

2020/2242(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Calls on the Commission to include manufacturing, transportation and storage of both renewable and low- carbon hydrogen (as well as blends with natural gas) into the upcoming Delegated Acts on Climate Change Mitigation and Adaptation stemming from the Regulation (EU) of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 as environmentally sustainable economic activities;
2020/12/11
Committee: ITRE
Amendment 319 #

2020/2242(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the European Clean Hydrogen Alliance and the Important Projects of Common European Interest (IPCEIs) as important means to enhance investment in clearenewable and low-carbon hydrogen; encourages the Alliance to come up with an investment agenda and a project pipeline in cooperation with the Fuel Cells and Hydrogen Joint Undertaking that can ensure the implementation of the hydrogen goals set by the Commission as soon as possible; welcomes the Commission’s plan to revise the State aid guidelines to include cfor environmental protection and energy to better enable renewable and low-carbon hydrogen; encourages Member States, the Commission and the economic operators to rapidly unlock the potential of IPCEIs to support transport and energy projects of relevan hydrogence for the European economy and with positive spillover effects;
2020/12/11
Committee: ITRE
Amendment 336 #

2020/2242(INI)

Motion for a resolution
Paragraph 17
17. Stresses the work of the Fuel Cells and Hydrogen Joint Undertaking (FCH JU); asks the Commission to use it as a competence centre for clean hydrogenWelcomes the renewal of the Fuel Cells and Hydrogen Joint Undertaking (FCH JU) under Horizon Europe and calls for an increase of its budget compared to Horizon 2020; stresses the importance of the work of the Fuel Cells and Hydrogen Joint Undertaking (FCH JU); asks the Commission to use it as a competence centre for renewable and low- carbon hydrogen; calls on the Commission to make use of the experiences gained in the Joint Undertakings, especially on Hydrogen fuel cells, and to incentivise further research into these technologies; calls on the future Clean Hydrogen for Europe Partnership to further explore and analyse the potential for hydrogen and fuel cells in buildings and data centres;
2020/12/11
Committee: ITRE
Amendment 341 #

2020/2242(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Suggests to the European Commission to include the deployment of hydrogen in the general objectives of PRIMA in line with the priorities of Horizon Europe in order to strengthen research and innovation capacities and to develop knowledge and common innovative solutions across the PRIMA region;
2020/12/11
Committee: ITRE
Amendment 343 #

2020/2242(INI)

Motion for a resolution
Paragraph 18
18. Believes that the importing of clean hydrogen may become necessary to cater to European demand; calls on the Commission to establish mutually beneficial cooperation with neighbouring regions; Emphasises that Europe’s leading role in the manufacturing of renewable hydrogen technologies presents the opportunity to promote European industrial leadership and innovation on a global level while reinforcing the EU’s role as a global climate leader; underlines the goal of increasing domestic hydrogen production, while acknowledging the possibility of importing additional renewable energy and hydrogen from neighbouring regions and third countries, to cater an increasing domestic demand for affordable hydrogen; therefore calls on the Commission to establish mutually beneficial cooperation with neighbouring regions, while taking into consideration EU energy security as well as environmental standards of the EU's external partners;
2020/12/11
Committee: ITRE
Amendment 358 #

2020/2242(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Stresses that international cooperation in terms of low-carbon hydrogen with the neighbourhood of the EU, that is established on the basis of mutually respected rules and principles based on the EU internal gas market legislation, i.e. with the UK, EEA, Energy Community and the US, should be further developed in order to strengthen the internal market and energy security;
2020/12/11
Committee: ITRE
Amendment 364 #

2020/2242(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Highlights the need to ensure the principles of the internal market in the hydrogen sector and create a level playing field for renewable and low-carbon hydrogen;
2020/12/11
Committee: ITRE
Amendment 366 #

2020/2242(INI)

Motion for a resolution
Paragraph 18 c (new)
18c. Calls on the Commission to undertake thorough, transparent, inclusive and science-based impact assessments of initiatives stemming from the EU Hydrogen Strategy in line with Better Regulation guidelines;
2020/12/11
Committee: ITRE
Amendment 368 #

2020/2242(INI)

Motion for a resolution
Paragraph 18 d (new)
18d. Considers, in this regard, the fact that new partnerships, especially those with Northern African countries, are a win-win business opportunity, since they support the development of the renewable and hydrogen energy industries on both sides;
2020/12/11
Committee: ITRE
Amendment 372 #

2020/2242(INI)

Motion for a resolution
Paragraph 19
19. Is convinced that the EU should try to promote its standards on hydrogen internationally to improve the Union's strategic autonomy and thus make hydrogen a part of its international cooperation;
2020/12/11
Committee: ITRE
Amendment 380 #

2020/2242(INI)

Motion for a resolution
Paragraph 20
20. Underlines the need for an integrated energy system in order to achieve climate neutrality by 2050; believes that the integration of the electricity, gas, heating and cooling and hydrogen grid is beneficial for a well- functioning hydrogen and energy market; welcomes the inclusion of hydrogen in the Commission’s Strategy for Energy System Integration; believes that clearenewable and low-carbon hydrogen can play a key role in terms of energy storage to balance intermittent renewable energy supply and demand; calls on the Commission to address the barriers hindering a wider adoption of hydrogen energy storage, given its high potential in particular in the mobility and building sectors;
2020/12/11
Committee: ITRE
Amendment 44 #

2020/2241(INI)

Motion for a resolution
Recital D
D. whereas energy system integration canaims to keep costs for European authorities, European businesses and European citizens within realistic and acceptable limits; a cost efficient energy sector integration must be enforced;
2020/12/11
Committee: ITRE
Amendment 65 #

2020/2241(INI)

Motion for a resolution
Paragraph 2
2. Believes that such a strategy can help the Union achieve its climate goals while maintaining energy accessibility, affordability and security of supply through the development of an efficient, integrated, interconnected, resilient, smart and decarbonised system;
2020/12/11
Committee: ITRE
Amendment 72 #

2020/2241(INI)

Motion for a resolution
Paragraph 3
3. Reiterates its support forAcknowledges the importance of the energy efficiency first principle and recalls that the most sustainable energy is energy which is not consumeddirect electrification, where possible, presents an important pathway towards decarbonisation. Highlights the need to develop a resilient and climate neutral energy system based on the principle of “cost-efficiency";
2020/12/11
Committee: ITRE
Amendment 92 #

2020/2241(INI)

Motion for a resolution
Paragraph 4
4. DeplorAcknowledges the insufficient progress made by Member States, as set out in the Energy Efficiency Progress Report; encourages the Commission to propose more ambitious targetexplore the impacts of revised targets on businesses, notably SMEs, taking into account its recommendations as part of the Energy Union governance process; welcomes, in this regard, the renovation wave strategy; emphasizes that the renovation of the existing building stock does not fully compensate for the need to produce more low carbon energy;
2020/12/11
Committee: ITRE
Amendment 98 #

2020/2241(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to extend the principle of energy efficiency to the entire value chain and to all end-uses; underlines the potential of circularity and reuse of wasteorganic waste from cities and agricultural sector, energy and waste heat from industrial processes, buildings and data centres; draws attention tocalls on the Commission and the Member States to develop effective incentives and business models for the uncoupling and use of industrial waste heat; draws attention to the replacement of old and inefficient heating systems and the modernisation of heat networks, which can play a significant role in heat decarbonisation; stresses the potential of digital tools for smart energy management;
2020/12/11
Committee: ITRE
Amendment 112 #

2020/2241(INI)

Motion for a resolution
Paragraph 6
6. Recalls that the energy transition will require between EUR 520 and 575 billion in annual infrastructure investment; calls on the Commission to develop sustainable investment criteria which are fully in line with the climate and integration goalsfinancial tools which are fully in line with the climate and integration goals; underlines that European programmes and financing instruments such as Horizon Europe and the European Clean Hydrogen Partnership, the Connecting Europe Facility on the basis of the TEN-E and TEN-T Regulations, cohesion policy, InvestEU, Recovery and Resilience Facility, Just Transition Fund and the ETS Innovation Fund have a key role in fostering a renewable and low-carbon hydrogen economy, biogas/biomethane development and carbon capture and storage and hydrogen-compatible infrastructure, while also providing appropriate investments in the use of natural gas where it provides emission reduction and serves as a transitional enabler; calls on the Commission to develop targets for energy infrastructure rollout and that system integration should make maximum use of existing gas infrastructure which can help deliver a cost-effective transition throughout many sectors including industry and mobility;
2020/12/11
Committee: ITRE
Amendment 120 #

2020/2241(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Regrets that the Commission’s draft taxonomy delegated act undermines the climate goals with regards to renewable energy sources, encourages the Commission to embrace a technological neutral approach based on life-cycle GHG emissions and not demand stricter rules from hydropower, biofuel and biogas, than other renewable energy sources; Furthermore, regrets that nuclear power is broken out and dealt with in a separate delegated act as this undermines the holistic energy system perspective, and limits Member States' possibilities for self- determination over the energy mix;
2020/12/11
Committee: ITRE
Amendment 125 #

2020/2241(INI)

Motion for a resolution
Paragraph 7
7. Highlights the importance of assessing ex-ante and anticipating the need for new energy production, transmission, distribution and conversion of infrastructure in order to optimise itsthe use of existing energy infrastructure in a climate- neutral economy and to ensure its economic viability;
2020/12/11
Committee: ITRE
Amendment 128 #

2020/2241(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Believes that a common legal classification of the different types of renewable, decarbonised and low-carbon gases, including hydrogen, based on the full life cycle GHG emissions savings and sustainability criteria, is of utmost importance for market players, authorities and consumers; calls on the Commission to develop a comprehensive classification and certification framework of gaseous carriers;
2020/12/11
Committee: ITRE
Amendment 134 #

2020/2241(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission to use the revision of Regulation (EU) No 347/2013 on trans-European energy infrastructure as an opportunity to include energy system integration in the Regulation’s objectives and the 10-year network development planning; calls for greater efforts to remove obstacles hindering the full integration of energy systems, which would otherwise encourage citizens and industry to fully embrace cleaner energy alternatives because there will be no Green Deal without a better integration of the energy system; Emphasises that it is necessary to achieve a cost-effective decarbonisation of the EU economies which will build a more flexible, more decentralised and digital energy system, in which consumers are empowered to make their energy choices;
2020/12/11
Committee: ITRE
Amendment 144 #

2020/2241(INI)

Motion for a resolution
Paragraph 9
9. Calls for the mass deployment of renewable, low carbon and decarbonised energy at competitive costs; encourages the Commission to propose more ambitious targetmeasures in order to increase the share of such energy in electricity generation, heavy industry, transport, construction, heating and cooling;
2020/12/11
Committee: ITRE
Amendment 151 #

2020/2241(INI)

10. Welcomes the adoption of the European Hydrogen Strategy; is convinced that renewable and delow carbonised hydrogen, together with other renewable gases, can help reduce persistent emissions from hard to abate sectors, such as industrial processes and ,heavy transport which cannot be decarbonised throughand buildings and where direct electrification might be limited due to low cost-efficiency or technical, social and environmental reasons; recalls also the need to decarbonise existing hydrogen production and the usrole of zero-carbon electricity; recalls also the need to decarbonise existing hydrogen productionCarbon Capture and Storage (CCS) technologies; recalls the potential of blending hydrogen with natural gas as a contribution to the decarbonisation of the gas sector; underlines the potential of hydrogen for energy storage and transport and its contribution to the flexibility of the energy system;
2020/12/11
Committee: ITRE
Amendment 168 #

2020/2241(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to extend the obligation laid down in Directive (EU) 2018/2001 for Member States to issue guarantees of origin forthat ensure the traceability of low- and zero- carbon gases and for renewables based on a science-based life-cycle analysis; considers that all sustainable and cost-effective biofuels will be needed and believes that it would be environmentally and economically counterproductive to revise the renewable directive's sustainability criteria for forest biofuels in the way indicated in the Commissions energy system integration strategy; believes that sustainable forest management can contribute to climate adaptation by replacing fossil raw materials and through a long-term increased sequestration of carbon in forests;
2020/12/11
Committee: ITRE
Amendment 179 #

2020/2241(INI)

Motion for a resolution
Paragraph 12
12. Stresses the need to accelerate research and, development onand full exploitation of technologies for CO2 capture, storage and reuse; emphasizes that the EU needs a technological revolution making large-scale carbon capture (CCS) storage solutions profitable in order to combine economic growth with reduced greenhouse gas emissions;
2020/12/11
Committee: ITRE
Amendment 188 #

2020/2241(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to propose ambitious targets for the decarbonisation of road, maritime, rail and air transport in a technology-neutral way; welcomes the Commission’s announcement of the deployment of one million charging points for electric vehicles; stresses the need to adapt the electrification networks for Europe’s vehicle fleetinfrastructure for alternative fuels for Europe’s vehicle fleet as well as to support other readily deployable solutions; highlights that direct electrification is very important but cannot stand alone in order to achieve a fast, affordable and just energy transition;
2020/12/11
Committee: ITRE
Amendment 223 #

2020/2241(INI)

Motion for a resolution
Paragraph 16
16. Recalls the role that greenewable and low carbon hydrogen can play in balancing grids by using any surpluselectricity; notes the need to develop the hydrogen-storing technologies and capacities and the role that renewable hydrogen and electrolysers can play in providing more flexibility to the grids and integrating the increasing share of renewable electricity production;
2020/12/11
Committee: ITRE
Amendment 233 #

2020/2241(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Acknowledges that power-to gas and power-to-heat technologies can play a key role in terms of large scale energy storage, to meet seasonal demand and to balance an electricity system because they are easy to integrate in existing infrastructure, help balance the electricity grid and can be cost-effectively transported across long-distances;
2020/12/11
Committee: ITRE
Amendment 243 #

2020/2241(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission and the Members States to explore ways of further encouraging, through effective incentives, the development of a European market for demand-side flexibility, potentials for energy storage and balancing electricity grid; welcomes flexible integrated energy systems that aim to optimize the district heating/cooling sector contributing to the balancing of the electricity grid, cost- effective use of renewable energy sources and waste heat integration at local/regional level;
2020/12/11
Committee: ITRE
Amendment 253 #

2020/2241(INI)

19. Stresses that a more renewable, decentralised and better integrated energy system requires better forecasting of energy demand and matching with the supply and storage from different energy carriers; highlights, in this regard, the crucial role of digitalisation for the processing of statistical and meteorological data; calls on the Commission and the Member States to develop an internal market for digital energy technologies; welcomes the intention of the Commission to adopt an action plan for the digitalisation of energy to foster the EU technological leadership and enable a more integrated energy system with intelligent solutions in specific sectors (smart grids, more efficient and safe transport, energy savings in buildings), a more active role of consumers and improved funding for the 2021-2027 period;
2020/12/11
Committee: ITRE
Amendment 268 #

2020/2241(INI)

Motion for a resolution
Paragraph 20
20. Recalls that the primary objective of Union action in the field of energy is to ensure the proper functioning of the market; calls on the Commission to propostake the necessary legislative changes to ensure equal rights for all consumers and undistorted price signmeasures to safeguard the well-functioning of energy markets and to ensure the full implementation of the acquis for the internal energy market, including the Clean Energy Package, equals reflecting the real cost of energy and itsights for all households and businesses and help them contributione to the decarbonisation of the economy; welcomes the initiative to revise Directive 2003/96/EC;
2020/12/11
Committee: ITRE
Amendment 300 #

2020/2241(INI)

Motion for a resolution
Paragraph 23
23. Recalls that one of the objectives of the Energy Union is to reduce our import dependency and to ensure security of supply; considers that the creation of synergies can help achieve this objective;
2020/12/11
Committee: ITRE
Amendment 317 #

2020/2241(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Welcomes the development of carbon dioxide capture and storage (CCS) and carbon capture utilisation and storage (CCUS) when it may be necessary to achieve climate neutrality, and to provide negative emissions by CCS on biomass combustion, and to reduce emissions where other reasonable alternatives through CCS at fossil fuel emissions, particularly in certain industrial processes; in this regard, welcomes the Commission proposal to convene an annual European CCUS Forum as part of the Clean Energy Industrial Forum to further study options to foster such projects;
2020/12/11
Committee: ITRE
Amendment 321 #

2020/2241(INI)

Motion for a resolution
Paragraph 25 b (new)
25 b. Considers that the EU should promote regulatory solutions in the heating sector and energy efficiency legislation which respect the variation between Member States' conditions and most appropriate solutions which are particularly large in these sectors;
2020/12/11
Committee: ITRE
Amendment 324 #

2020/2241(INI)

Motion for a resolution
Paragraph 25 c (new)
25 c. Believes that both increased energy system integration and consumers have the opportunity to play an active role which requires a well-functioning energy market with accurate price signals that reflects the cost-effectiveness of different technical systems and greenhouse gas emissions; considers that current regulations enable uncompetitive prices for nuclear power in some Member States that do not sufficiently lead to a cost- effective decarbonised transition;
2020/12/11
Committee: ITRE
Amendment 325 #

2020/2241(INI)

Motion for a resolution
Paragraph 25 d (new)
25 d. Underlines that the EU’s climate policy and energy policy has to go hand in hand within creased economic growth; stresses that the energy policy must therefore always encourage cost-effective, low carbon and reliable energy sources that ensure the industry's access to energy.
2020/12/11
Committee: ITRE
Amendment 6 #

2020/2043(INI)

Draft opinion
Paragraph 1
1. Welcomes the Paris Agreement, the Green Deal and the goal of achieving climate neutrality by 2050; notes the lack of international climate effortssignificant divergence of climate efforts between different countries; underlines that EU climate policy must go hand in hand with increased economic growth and competitiveness for the European industry based on the principles of free and fair competition; believes that an EU carbon border adjustment mechanism (‘the mechanism’) cshould serve to incentivise international efforts to combat climate change, therefore asks the Commission to consider all available options while drawing up proposal for any such mechanism;
2020/10/05
Committee: ITRE
Amendment 24 #

2020/2043(INI)

Draft opinion
Paragraph 2
2. Underlines that international carbon pricing and fully competitive low-emission solutions would render the mechanism obsolete; stresses, therefore, that the EU needs to step up efforts in this respect; recalls that many technical solutions for mitigating CO2 are still at the pilot stage and far from being economically feasible; underlines that the Union’s increased climate ambition at the core of the Green Deal will increase the risk of carbon leakage in many industrial sectors;
2020/10/05
Committee: ITRE
Amendment 40 #

2020/2043(INI)

Draft opinion
Paragraph 3
3. Emphasises that decentralised climate actions can lead to carbon leakage and a competitive disadvantage on international markets for the EU industry; urges the Commission, therefore, to implement the mechanism as a complementary tool to existing carbon measures to ensure full carbon-leakage protection and to consider the inclusion of export rebates in the mechanism;
2020/10/05
Committee: ITRE
Amendment 43 #

2020/2043(INI)

Draft opinion
Paragraph 3
3. Emphasises that decentralisedasymmetrical climate actions can lead to carbon leakage and a competitive disadvantage on international markets for the EU industry; urges the Commission, therefore, to ensure full carbon-leakage protection and to consider the inclusion ofinclude export rebates in the mechanism;
2020/10/05
Committee: ITRE
Amendment 45 #

2020/2043(INI)

Draft opinion
Paragraph 3 a (new)
3a. Recalls that the EU’s climate policy and industrial policy must go hand in hand, to avoid carbon and investment leakage and protect jobs; stresses that any mechanism must be embedded into our industry strategy, creating an incentive for industries to produce clean and competitive products, and avoid carbon leakage, without endangering trade opportunities.
2020/10/05
Committee: ITRE
Amendment 54 #

2020/2043(INI)

Draft opinion
Paragraph 4
4. Suggests a progressive mechanism that first includes sectors with the highest risk of carbon leakage before being enlarged over time; stresses that this should not lead to internal market distortionHighlights the role such a mechanism could play, if balanced and appropriately implemented, in energy intensive industries, such as steel, cement and aluminium, given the experienced trade exposure of those sectors and their participation in the ETS; Suggests a progressive mechanism that first includes sectors with the highest risk of carbon leakage before being enlarged over time if deemed appropriate; considers it necessary that the scope of the mechanism covers as a large part of the carbon footprint of a product as possible, i.e. through the inclusion of emissions from energy in production; stresses that this should be done considering their respective value chains and not lead to internal market distortions notably on downstream markets; recalls that determining the carbon footprint of a product includes several insecurities and that the mechanism should not contribute to an undue regulatory burden for importing companies especially SMEs;
2020/10/05
Committee: ITRE
Amendment 60 #

2020/2043(INI)

Draft opinion
Paragraph 4
4. Suggests a progressive mechanism that first includes sectors with the highest risk of carbon leakage before being enlarged over time; stresses that this shoulsuch mechanism should be applied to all third countries without a carbon trading scheme ideally linked to the EU ETS or equivalent carbon pricing mechanism and not lead to internal market distortions;
2020/10/05
Committee: ITRE
Amendment 67 #

2020/2043(INI)

Draft opinion
Paragraph 5
5. Stresses the need to limit international retaliation measures against the EU caused by the mechanism; urges the Commission to make the mechanism World Trade Organization-compatible ongly emphasises that the success of European SMEs and Hidden Champions depends on access to global markets. Therefore, calls on the Commission to base any legislative proposal on a thorough impact assessment, which takes into consideration the impact of possible counter measures taken by affected third countries against European industries Stresses the need to limit and possibly avoid international retaliation measures against the EU caused by the mechanism; urges the Commission to make the mechanism compatible with the WTO acquis and provisions in the Union’s free trade agreements and to take a multilateral approach to its design; underlines the need to deduct costs incurred from carbon taxes, emissions rights under cap-and- to take a multilateral approach to its desrade schemes or equivalent climate mitigation measures, including those of a regulatory rather than a fiscal nature, in the country of production from payments at import under the mechanism and to avoid any discrimination based on origin;
2020/10/05
Committee: ITRE
Amendment 70 #

2020/2043(INI)

Draft opinion
Paragraph 5 a (new)
5a. Expresses its deep concern over the erosion of the multilateral trading system and the effects from increased trade barriers and trade conflicts for the competitiveness of the EU industry; stresses that the introduction of a mechanism must not contribute to an increased insecurity in this regard; recognises that in order for the European industry to be competitive, it needs access to global supply chains for sourcing and further processing and to global markets; calls on the Commission to actively engage with trade partners’ governments to ensure a continued dialogue with trade partners’ governments on this initiative; Underlines that trade policy can and should be used to promote a positive environmental agenda and to avoid major differences in environmental ambition between the EU and the rest of the world, but this should be done in proportional and balanced ways, be evidence based and not be used as a cover for protectionism;
2020/10/05
Committee: ITRE
Amendment 76 #

2020/2043(INI)

Draft opinion
Paragraph 5 b (new)
5b. Emphasises that while the purpose of the mechanism must be to contribute to lower carbon emissions globally and limit carbon leakage, the design should contribute to a level playing field for the European industry both on European and in international markets in line with the Industry Strategy; highlights the need for specific attention to maintaining the availability of inputs in the supply chains and competitiveness of downstream manufacturing industries;
2020/10/05
Committee: ITRE
Amendment 79 #

2020/2043(INI)

Draft opinion
Paragraph 5 c (new)
5c. Emphasises that the EU Emissions Trading System (ETS) is and should remain the key market based instrument to cost-effectively reduce CO2 emissions this includes the system of free allowances; asks the Commission to consider any design options that allow the existing carbon leakage measures to co- exist with the mechanism while not leading to double protection; therefore takes the view that the mechanism should co-exist together with the free allocation of allowances for certain sectors; the phasing out of existing carbon leakage measures could cause a loss of competitiveness of companies in the single market and globally; stresses the need for equally effective measures if existing measures are to be phased out.
2020/10/05
Committee: ITRE
Amendment 90 #

2020/2043(INI)

Draft opinion
Paragraph 6
6. Underlines that the resources incurred by the mechanism are to be considered EU own resources; is convinced that these resources must be used for climate measuresmust not create distortions based on the Member State of import but help level the global playing field between competing industries and for low carbon investment and industrial manufacturing transformation;
2020/10/05
Committee: ITRE
Amendment 97 #

2020/2043(INI)

Draft opinion
Paragraph 6 a (new)
6a. Underlines that the CO2 content of imported products would need to be reliably and precisely determined, inter alia through independent third party verification and if such cannot be provided relevant average data; stresses the need for the mechanism to cover both direct and indirect carbon emissions; reiterates the need for adequate anti- circumvention mechanisms; stresses nevertheless that the mechanism should not lead to excessive administrative burden, especially for small- and medium- sized enterprises.
2020/10/05
Committee: ITRE
Amendment 105 #

2020/2043(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to conduct an in-depth impact assessment of different mechanisms and designsalternatives before presenting a legislative proposal; including regulatory climate standards for imported products and the compatibility with EU ETS’s free allocation of allowances, to incentivise international climate action and prevent carbon leakage before presenting a legislative proposal.
2020/10/05
Committee: ITRE
Amendment 111 #

2020/2043(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls on the Commission to intensify its efforts for global CO2 pricing and facilitating trade in climate and environmental protection technologies for instance through trade policy initiatives such as the WTO Environmental Goods Agreement; stresses that the Union can play a pioneering role with ambitious energy and sustainability chapters in its trade agreements.
2020/10/05
Committee: ITRE
Amendment 116 #

2020/2043(INI)

Draft opinion
Paragraph 7 b (new)
7b. Calls on the Commission to also consider alternative measures and to thoroughly demonstrate the added value of a carbon border adjustment mechanism; considers that a digital product passport, well designed and synchronised with existing systems, business standardisation bodies and global standards could help in this process; in the post-COVID-19 economy, carbon prices may prove to be too unstable to support effective industrial decarbonisation; therefore, there is a need for product policies to push forward new standards on low-carbon, resource- efficient products to secure the transition to a sustainable economy.
2020/10/05
Committee: ITRE
Amendment 81 #

2020/0361(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question. The Commission and the Member States should provide guidance to on how to identify the illegal content.
2021/06/23
Committee: ITRE
Amendment 105 #

2020/0361(COD)

Proposal for a regulation
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that contenassess the grounds for and, when necessary, proceed to removing or disabling access to all copies of that content, and, in accordance with the jurisprudence of the Court of Justice of the European Union, ensure that identical or equivalent illegal content does not reappear within the same context. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
2021/06/23
Committee: ITRE
Amendment 112 #

2020/0361(COD)

Proposal for a regulation
Recital 25
(25) In order to create legal certainty and not to discourage automated or non- automated activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner for the sole purpose of detecting, identifying and acting against illegal content. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union or national law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability set out in this Regulation. Therefore, any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
2021/06/23
Committee: ITRE
Amendment 121 #

2020/0361(COD)

Proposal for a regulation
Recital 30
(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. The orders to act against illegal content may require providers of intermediary services to take steps, in the specific case, to remove identical or equivalent illegal content, within the same context. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information.
2021/06/23
Committee: ITRE
Amendment 139 #

2020/0361(COD)

Proposal for a regulation
Recital 42 a (new)
(42 a) Hosting services providers should not be subject to the obligation to provide a statement of reasons when doing so would infringe on a legal right or cause unintended safety concerns for the recipient of the service. Specifically in cases of one-to-one interface platforms, such as dating applications and other similar services, providing the statement of reasons should be considered such as to likely cause unintended safety concerns for the reporting party. As a result of this, dating applications and other similar services should by default refrain from providing statements of reasons. Additionally, other providers of hosting services should make reasonable efforts to assess if providing a statement of reasons could cause unintended safety concerns to the reporting party, and in such cases, refrain from providing a statement of reasons.
2021/06/23
Committee: ITRE
Amendment 141 #

2020/0361(COD)

Proposal for a regulation
Recital 43
(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or, small and medium-sized enterprises (SMEs) as defined in Recommendation 2003/361/EC of the Commission,.41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this Regulation. The consolidation rules laid down in that Recommendation help ensure that any circumvention of those additional obligations is prevented. The exemption of micro- and small, small and medium-sized enterprises (SMEs) enterprises from those additional obligations should not be understood as affecting their ability to set up, on a voluntary basis, a system that complies with one or more of those obligations. _________________ 41 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2021/06/23
Committee: ITRE
Amendment 142 #

2020/0361(COD)

Proposal for a regulation
Recital 43 a (new)
(43 a) To similarly avoid unnecessary regulatory burden, certain obligations should not apply to online platforms offering products and services from third- party traders, which are established in the European Union, where these traders' access is exclusive, curated and entirely controlled by the providers of the online platform and these traders’ products and services are reviewed and pre-approved by the providers of the online platform before they are offered on the platform. These online platforms are often referred to as closed online platforms. As the products and services offered are reviewed and pre-approved by the online platforms, the prevalence of illegal content and products on these platforms is low, and these platforms cannot benefit from relevant liability exemptions outlined in this Regulation. These online platforms should subsequently not be subjected to the obligations which are necessary for platforms with different operational models where the prevalence of illegal content is more frequent and the relevant liability exemptions are available.
2021/06/23
Committee: ITRE
Amendment 151 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms, having received guidance from public authorities on how to identify illegal content, take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 _________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
2021/06/23
Committee: ITRE
Amendment 157 #

2020/0361(COD)

Proposal for a regulation
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with traders on the platforms should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platform, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platforms should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
2021/06/23
Committee: ITRE
Amendment 161 #

2020/0361(COD)

Proposal for a regulation
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot, as this would be disproportionate. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties or be liable for this information in case it proves to be inaccurate. Such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . _________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
2021/06/23
Committee: ITRE
Amendment 175 #

2020/0361(COD)

Proposal for a regulation
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means. In certain cases, online platforms whose number of recipients does not exceed the operational threshold set at 10% of the Union population should also be considered very large online platforms due to their role in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online.
2021/06/23
Committee: ITRE
Amendment 185 #

2020/0361(COD)

Proposal for a regulation
Recital 61
(61) The audit report should be substantiated, so as to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this Regulation, without prejudice to its freedom to conduct a business and, in particular, its ability to design and implement effective measures that are aligned with its specific business model. The report should be transmitted to the Digital Services Coordinator of establishment and the Board without delay, together with the risk assessment and the mitigation measures, as well as the platform’s plans for addressing the audit’s recommendations. The report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. A positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this Regulation or, where applicable, any commitments it has undertaken pursuant to a code of conduct or crisis protocol, in particular by identifying, evaluating and mitigating the systemic risks posed by its system and services. A positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. A negative opinion should be given where the auditor considers that the very large online platform does not comply with this Regulation or the commitments undertaken. A disclaimer of an opinion should be given where the auditor does not have enough information to conclude on an opinion due to the novelty of the issues audited.
2021/06/23
Committee: ITRE
Amendment 225 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3 a (new)
- Providers of not-for-profit scientific or educational repositories are not considered an intermediary service within the meaning of this Regulation.
2021/06/23
Committee: ITRE
Amendment 266 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry outtake the necessary voluntary own-initiative investigation measures for other activities aimed at sole purpose of detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation.
2021/06/23
Committee: ITRE
Amendment 283 #

2020/0361(COD)

5 a. Providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort, shall be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative facilitates further cooperation and recommends possible solutions, including possibilities for collective representation.
2021/06/24
Committee: ITRE
Amendment 300 #

2020/0361(COD)

Proposal for a regulation
Article 12 a (new)
Article 12 a Exclusions Articles 12 and 13 of Section 1, and the provisions of Section 2, and Section 3 of Chapter III shall not apply to: (a) online platforms that qualify as micro and medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. (b) an intermediary service, except very large online platforms, where it would constitute a disproportionate burden in view of its size, the nature of its activity and the risk posed to users.
2021/06/24
Committee: ITRE
Amendment 315 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. , small or medium-sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a micro, small or medium-sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 319 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices at scale and exclusively by electronic means.
2021/06/24
Committee: ITRE
Amendment 329 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic loidentification of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content;
2021/06/24
Committee: ITRE
Amendment 344 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6 a. Where a provider of hosting services processes a notice and decides to remove or disable access to specific items of information provided by the recipients of the service, it shall take steps, in the specific case, to remove identical or equivalent illegal content, within the same context.
2021/06/24
Committee: ITRE
Amendment 346 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 b (new)
6 b. Paragraphs 2, 4 and 5 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraphs 2, 4 and 5 shall not apply to enterprises that previously qualified for the status of a micro, small or medium-sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 348 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of thewithout undue delay and at latest within 24 hours after such removaling or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision.
2021/06/24
Committee: ITRE
Amendment 352 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means in taking the decision, including where the decision was taken in respect of content detected or identified using automated means;
2021/06/24
Committee: ITRE
Amendment 358 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Providers of hosting services shall publish the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal data.deleted
2021/06/24
Committee: ITRE
Amendment 359 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4 a (new)
4 a. Paragraphs 2, 3 and 4 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, those paragraphs shall not apply to enterprises that previously qualified for the status of a micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 360 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4 b (new)
4 b. Providers of hosting services shall not be obliged to provide a statement of reasons referred to in paragraph 1 where doing so would infringe a legal obligation or where the statement of reasons could cause unintended safety concerns for the reporting party. In addition, providers of hosting services shall not be obliged to provide a statement of reasons referred to in paragraph 1 where the provider can demonstrate that the recipient of the service has repeatedly provided illegal content
2021/06/24
Committee: ITRE
Amendment 362 #

2020/0361(COD)

Proposal for a regulation
Article 15 a (new)
Article 15 a Protection against repeated misuse and criminal offences 1. Providers of intermediary services shall, after having issued a prior warning, suspend or in appropriate circumstances terminate the provision of their services to recipients of the service that frequently provide illegal content. 2. Where a provider of intermediary service becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available. Where the provider of intermediary service cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it has its main establishment or has its legal representative and also transmit this information to Europol for appropriate follow-up.
2021/06/24
Committee: ITRE
Amendment 364 #

2020/0361(COD)

Proposal for a regulation
Article 16 – title
Exclusion for micro and small enterprise, small and medium- sized enterprises (SMEs) and closed online platforms
2021/06/24
Committee: ITRE
Amendment 369 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or small enterprises micro, small or medium-sized enterprise (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC.
2021/06/24
Committee: ITRE
Amendment 372 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1 a (new)
This Section shall not apply to enterprises that previously qualified for the status of micro, small or medium-sized enterprise (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 373 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1 b (new)
This Section shall not apply to online platforms offering products and services from third-party traders, which are established in the European Union, where these traders' access is exclusive, curated and entirely controlled by the providers of the online platform and these traders’ products and services are reviewed and pre-approved by the providers of the online platform before they are offered on the platform.
2021/06/24
Committee: ITRE
Amendment 388 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means.deleted
2021/06/24
Committee: ITRE
Amendment 391 #

2020/0361(COD)

1. RAfter internal complaint handling mechanisms are exhausted, recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of- court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
2021/06/24
Committee: ITRE
Amendment 417 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 7 a (new)
7 a. Online platforms shall, where possible, provide trusted flaggers with access to technical means that help them detect illegal content on a large scale.
2021/06/24
Committee: ITRE
Amendment 422 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, or in appropriate circumstances terminate, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
2021/06/24
Committee: ITRE
Amendment 427 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
2021/06/24
Committee: ITRE
Amendment 430 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past year;
2021/06/24
Committee: ITRE
Amendment 434 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Online platforms shall set out, in a clear and detailed manner, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension, and the circumstances in which they will terminate their services.
2021/06/24
Committee: ITRE
Amendment 437 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
2. Where the online platform cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is has its main establishedment or has its legal representative or inform Europoland also transmit this information to Europol for appropriate follow-up.
2021/06/24
Committee: ITRE
Amendment 442 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with tradersprofessional traders on the platform, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained from the trader the following information:
2021/06/24
Committee: ITRE
Amendment 448 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural person;deleted
2021/06/24
Committee: ITRE
Amendment 450 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning of Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or any relevant act of Union law; _________________ 51o the extent the contract relates to products that are subject to the Union Regulations listed in Article 4(5) of Regulation (EU) 2019/1020 of the European Parliament and the Council, the name, address, telephone number and electronic mail address of the economic operator, established in the Union, referred to in Article 4(1) of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).r any relevant act of Union law;
2021/06/24
Committee: ITRE
Amendment 455 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, mtake reasonable effortseffective steps that would reasonably be taken by a diligent operator in accordance with a high industry standard of professional diligence to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is accurate, current and reliable through the use of independent and reliable sources including any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources. The provider of intermediary services should require that traders promptly inform them of any changes to the information referred to in points (a), (d) and (e) and regularly repeat this verification process.
2021/06/24
Committee: ITRE
Amendment 462 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
3. Where the online platform obtains indications, through its effective steps that would reasonably be taken by a diligent operator under paragraph 2 or through Member States’ consumer authorities, that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate, out of date or incomplete, that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
2021/06/24
Committee: ITRE
Amendment 478 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b
(b) the number of suspensions imposed pursuant to Article 20, distinguishing between suspensions enacted for the provision of manifestly illegal content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints;
2021/06/24
Committee: ITRE
Amendment 500 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
With regard to requirements set out in points (b) and (c), providers of online advertising intermediaries must ensure the transmission of information held by them to recipients of the service.
2021/06/24
Committee: ITRE
Amendment 506 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. This Section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3 or where the operating model and nature of the platform is considered to constitute a systemic risk assessed calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. This Section shall not apply to online platforms that qualify as micro, small or medium-sized enterprises (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, this Section shall not apply to enterprises that previously qualified for the status of a medium-sized, small or microenterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 510 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific methodology for calculating the number of average monthly active recipients of the service in the Union or whether the operating model and nature of platform constitutes a systemic risk, for the purposes of paragraph 1. The methodology shall specify, in particular, how to determine the Union’s population and criteria to determine the average monthly active recipients of the service in the Union, taking into account different accessibility features, as well as how to determine whether operating model and size of platform is considered such as to constitute a systemic risk.
2021/06/24
Committee: ITRE
Amendment 511 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 3 a (new)
3 a. The delegated acts referred to in paragraph 3 shall base the methodology on the following criteria: a) the role of the online platform in facilitating public debate; b) the role, nature and volume of economic transactions on the online platform; c) the role of the online platform in disseminating information, opinions and ideas and in influencing how recipients of the service obtain and communicate information online; and d) the depth and scope of the societal risks posed by the platform, as well as the historical prevalence of illegal content on the service. Online platforms, regardless of the number of average monthly active recipients of their service in the Union, that pose a high systemic risk based on an assessment following the criteria outlined in this paragraph, shall be considered to be very large online platforms.
2021/06/24
Committee: ITRE
Amendment 512 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 1
4. The Digital Services Coordinator of establishment shall verify, at least every six months, whether the number of average monthly active recipients of the service in the Union of online platforms under their jurisdiction is equal to or higher than the number referred to in paragraph 1, or whether the operating model and nature of platform constitutes a systemic risk. On the basis of that verification, it shall adopt a decision designating the online platform as a very large online platform for the purposes of this Regulation, or terminating that designation, and communicate that decision, without undue delay, to the online platform concerned and to the Commission.
2021/06/24
Committee: ITRE
Amendment 534 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for private and family life, freedom of expression and information, freedom and pluralism of the media, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
2021/06/24
Committee: ITRE
Amendment 571 #

2020/0361(COD)

Proposal for a regulation
Article 27 a (new)
Article 27 a Mitigation of risks for the freedom of expression and freedom and pluralism of the media 1. Where specific systemic risks for the exercise of freedom of expression and freedom and pluralism of the media pursuant to Article 26(1)(b) emerge, very large online platforms shall ensure that the exercise of these fundamental rights is always adequately and effectively protected. 2. Very large online platforms shall ensure that their content moderation, their decision-making processes, the features or functioning of their services, their terms and conditions and recommender systems are objective, fair and non-discriminatory.
2021/06/24
Committee: ITRE
Amendment 582 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point a
(a) are independent from the very large online platform concerned; and have not provided any other service to the platform in the previous 12 months.
2021/06/24
Committee: ITRE
Amendment 584 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point c a (new)
(c a) have not audited the same very large online platform for more than 3 consecutive years.
2021/06/24
Committee: ITRE
Amendment 587 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f
(f) where the audit opinion is not positive, operationalegative, recommendations on specific measures to achieve compliance and risk-based remediation timelines with a focus on rectifying issues that have the potential to cause most harm to users of the service as a priority.
2021/06/24
Committee: ITRE
Amendment 588 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)
(f a) where the organisations that perform the audits do not have enough information to conclude an opinion due to the novelty of the issues audited, a relevant disclaimer.
2021/06/24
Committee: ITRE
Amendment 591 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 4 a (new)
4 a. Digital Services Coordinators shall provide very large online platforms under their jurisdiction with an annual audit plan outlining the key areas of focus for the upcoming audit cycle.
2021/06/24
Committee: ITRE
Amendment 602 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1 a (new)
1 a. The parameters used in recommender systems shall always be fair and non-discriminatory.
2021/06/24
Committee: ITRE
Amendment 616 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2, for advertisements that have been seen by more than 5 000 recipients of the service and until one year after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
2021/06/24
Committee: ITRE
Amendment 620 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point e
(e) the total number of recipients of the service reached and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.
2021/06/24
Committee: ITRE
Amendment 230 #

2020/0360(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) addresses the identification of projects of common interest necessary to implement priority corridors and areas falling under the energy infrastructure categories in electricity, smart gas grids, hydrogen, electrolysers, small modular reactors and carbon dioxide set out in Annex II (‘energy infrastructure categories’);
2021/04/22
Committee: ITRE
Amendment 416 #

2020/0360(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point f a (new)
(f a) for small modular reactors projects falling under the energy infrastructure categories set out in point (6) of Annex II, the project is to contribute significantly to all of the following specific criteria: (i) reducing greenhouse gas emissions while maintaining security of energy supply; (ii) increase the stability and security of the grid; (iii) enhancing the factory-based serial production of modules, leading to lower absolute and per kWe total construction costs. (iiii) electricity storage facilities used for storing electricity on a permanent or temporary basis.
2021/04/22
Committee: ITRE
Amendment 879 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Any of the assets listed in points (a), (b), (c), and (d) may be newly constructed assets or assets converted from natural gas dedicated to hydrogen, or a combination of the two. Hydrogen infrastructure as listed in points (a), (b), (c), and (d) may be used in the transitional period for the purpose of blending of hydrogen with methane until the emergence of sufficient market demand which will make pure hydrogen economically feasible.
2021/04/23
Committee: ITRE
Amendment 887 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d a (new)
(d a) transmission pipelines or reception, storage and regasification or decompression facilities for liquefied natural gas (LNG) or any equipment or installation essential for the system to operate safely, securely and efficiently for the purpose of methane and hydrogen to enable fuel switch from more carbon intensive fuels (notably coal, lignite, oil) during a transitional period, giving access to multiple network users on a transparent and non-discriminatory basis, provided that, upon construction, these investments are ready for the future use of hydrogen.
2021/04/23
Committee: ITRE
Amendment 914 #

2020/0360(COD)

Proposal for a regulation
Annex II – paragraph 1 – subparagraph 1 (new)
(6) concerning small nuclear modules: (a) any equipment aiming at the development or construction of small modular reactors, which are defined as advanced reactors that produce electricity of up to 300MW(e) per module; installations and services essential for the European value chain to build up to a higher rate;
2021/04/23
Committee: ITRE
Amendment 178 #

2020/0340(COD)

Proposal for a regulation
Recital 19
(19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. Other relevant sectors could be transport, energy, environment, telecommunications and finance. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non- discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.
2021/04/28
Committee: ITRE
Amendment 252 #

2020/0340(COD)

Proposal for a regulation
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics) as well as representatives of academia, research and standard setting organisations, where relevant. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board.
2021/04/28
Committee: ITRE
Amendment 675 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties may be invitedThe Board shall establish a Data Innovation Advisory Council (the “Advisory Council”). The Advisory Council shall be composed of relevant representatives from industry, SMEs, research, standardisation organisations and other relevant stakeholders and third parties invited from all Member States to maintain geographically balanced representativeness. The Advisory Council shall nominate a representative to attend meetings of the Board and to participate in its work.
2021/04/28
Committee: ITRE
Amendment 20 #

2020/0141(NLE)

Proposal for a decision
Article 1 – paragraph 1 – point 1
The Research Programme shall provide support, including to small and medium- sized enterprises, for collaborative research in the coal and steel sectors with particular emphasis on coking coal, which as one of the critical raw materials for the Union has great potential for development of highly advanced products in strategic value chains (e.g. battery anodes, carbon fibres) and chemistry. The Research Programme shall also provide support for clean steel breakthrough technologies leading to near zero-carbon steel making projects and research projects for managing the just transition of formerly operating coal mines or coal mines in the process of closure and related infrastructure in line with the Just Transition Mechanism and in compliance with Article 4(2) of Council Decision 2003/76/EC1a. The Research Programme shall provide support as well for larger industrial research projects, linked in the case of coal to the Just Transition Mechanism. The Research Programme shall be consistent with the political, scientific, and technological objectives of the Union, and shall complement the activities carried out in the Member States and within the existing EUnion research programmes, in particular the fHorizon Europe – the Framework pProgramme for rResearch, technological development and demonstration activities (hereinafter referred to as ‘the Research Framework Programme’ and Innovation (hereinafter referred to as ‘the Research Framework Programme’).; _________________ 1aCouncil Decision 2003/76/EC of 1 February 2003 establishing the measures necessary for the implementation of the Protocol, annexed to the Treaty establishing the European Community, on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel (OJ L 29, 5.2.2003).;
2021/01/26
Committee: ITRE
Amendment 38 #

2020/0141(NLE)

Proposal for a decision
Article 1 – paragraph 1 – point 2
Decision 2008/376/EC
Article 4 – paragraph 1 – point (c)
(c) non-energetic uses and on the production of raw materials from coal and lignite, and from mining wastes and residues derived from formerly operating coal mines or those in the closure processfrom mines in the process of closure, as well as on use of coal processing by-products for highly advanced products in strategic value chains (e.g. battery anodes, carbon fibres) and in chemistry, duly assessing that their climate, environmental and health impact is minimised and lower than alternative solutions, and ensuring that sustainable resources are surveyed and secured;
2021/01/26
Committee: ITRE
Amendment 59 #

2020/0141(NLE)

Proposal for a decision
Article 1 – paragraph 1 – point 4
Decision 2008/376/EC
Article 6 – paragraph 2 – point (c)
(c) managing and re-using mining waste, fly ash and desulphurisation products from coal mines and power plants in the process of closure and formerly operating coal mines and power plants, as well as by-products of operating coal mines and coal processing, accompanied, where relevant, by other forms of waste;
2021/01/26
Committee: ITRE
Amendment 48 #

2020/0036(COD)

Proposal for a regulation
Recital 1
(1) The Commission has, in its Communication of 11 December 2019 entitled ‘The European Green Deal’19 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and, competitive and resilient economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well- being of citizens from environment-related risks and impacts. At the same time, this transition must be just and inclusive, leaving no one behind. _________________ 19 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
2020/06/09
Committee: ITRE
Amendment 69 #

2020/0036(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) Climate protection is an opportunity for the European economy and should help securing its industry leadership in global innovation. Sustainable production innovations can promote European industrial strength in key market segments and thus protect and create jobs.
2020/06/09
Committee: ITRE
Amendment 86 #

2020/0036(COD)

Proposal for a regulation
Recital 10
(10) The Union is responsible only for 9% of the world’s greenhouse gas emissions but already a global leader in the transition towards climate neutrality, and is determined to achieve it in a just, fair and inclusive way as well as help raise global ambition and to strengthen the global response to climate change, using all tools at its disposal, including climate diplomacy.
2020/06/09
Committee: ITRE
Amendment 94 #

2020/0036(COD)

Proposal for a regulation
Recital 11
(11) The European Parliament called for the necessary transition to a climate-neutral society by 2050 at the latest and for this to be made into a European success story33 and has declared a climate and environment emergency34 . The European Council, in its Conclusions of 12 December 201935 , has agreed on the objective of collectively achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement, while also recognising that it is necessary to put in place an enabling framework and that the transition will require significant public and private investment. The European Council also invited the Commission to prepare a proposal for the Union’s long- term strategy as early as possible in 2020 with a view to its adoption by the Council and its submission to the United Nations Framework Convention on Climate Change. _________________ 33European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)). 34European Parliament resolution of 28 November 2019 on the climate and environment emergency (2019/2930(RSP)). 35 Conclusions adopted by the European Council at its meeting on 12 December 2019, EUCO 29/19, CO EUR 31, CONCL 9.
2020/06/09
Committee: ITRE
Amendment 95 #

2020/0036(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) Nevertheless, Covid-19 has provoked an unprecedented historical, humanitarian and economic crisis. Thus, the European Union’s policies need to be based on a new in-depth impact assessment taking the new economic reality into account.
2020/06/09
Committee: ITRE
Amendment 103 #

2020/0036(COD)

Proposal for a regulation
Recital 12
(12) The Union should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases - domestically within the Union and via international mitigations - by 2050. The Union-wide 2050 climate- neutrality objective should be pursued by all Member States collectively, and the Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective.
2020/06/09
Committee: ITRE
Amendment 109 #

2020/0036(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) The Paris climate goals must be implemented in a way that respects technology neutrality, economic efficiency and social balance. Only if the EU remains economically strong, attractive for investments and internationally competitive and ensures broad social acceptance it can act as a global model for climate protection.
2020/06/09
Committee: ITRE
Amendment 113 #

2020/0036(COD)

Proposal for a regulation
Recital 12 b (new)
(12b) Many of the technologies we need to drive forward decarbonisation and digitalisation are yet to be developed. If there are 2030/2050 targets on CO2 reduction, there is also a need to set targets to create the necessary infrastructure in order to have hydrogen available sufficiently to decarbonise energy-intensive energy sectors.
2020/06/09
Committee: ITRE
Amendment 120 #

2020/0036(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) The Union should continue its efforts to promote circular economy and further support renewable solutions that can substitute fossil-fuel based products and materials.
2020/06/09
Committee: ITRE
Amendment 130 #

2020/0036(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) The objective of climate neutral Union’s economy by 2050 should be achieved taking into account different starting points of Member States and in the spirit of solidarity for lower-income Member States, including through proportionally increasing compensation mechanisms enshrined in existing legislation, with special attention paid to the EU ETS Directive.
2020/06/09
Committee: ITRE
Amendment 131 #

2020/0036(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) The objective of a climate neutral economy by 2050 should be achieved taking into account different starting points of Member States and in the spirit of solidarity between Member States.
2020/06/09
Committee: ITRE
Amendment 142 #

2020/0036(COD)

Proposal for a regulation
Recital 17
(17) The Commission, in its Communication ‘The European Green Deal’, announced its intention to assess and make proposals for increasing the Union’s greenhouse gas emission reduction target for 2030 to ensure its consistency with the climate-neutrality objective for 2050. In that Communication, the Commission underlined that all Union policies should contribute to the climate-neutrality objective and that all sectors should play their part. By September 2020, t while considering the polluter pays principle. The Commission should, based on a comprehensive impact assessment with a breakdown per Member State and taking into account its analysis of the integrated national energy and climate plans submitted to the Commission in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council36 , the impact of Brexit on the Union’s general ability to reduce greenhouse gas emissions as well as the economic situation post-Covid-19, review the Union’s 2030 target for climate and explore options fordiscuss a new 2030 target of 50 to 55 % emission reductions compared with 1990 levels. Where it considers necessary to amend the Union’s 2030 target, it should make proposals to the European Parliament and to the Council to amend this Regulation as appropriate. In addition, based on the impact assessment result, the Commission should, by 30 June 2021, assess how the Union legislation implementing that target would need to be amended in order to achieve the proposed emission reductions of 50 to 55 % % compared to 1990. _________________ 36Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
2020/06/09
Committee: ITRE
Amendment 147 #

2020/0036(COD)

Proposal for a regulation
Recital 17 a (new)
(17a) The Commission should also assess to what extent the use of international market mechanisms could contribute to the cost-effective achievement of the goals of the EU and the Member States. If it considers it necessary, it should submit proposals to the European Parliament and the Council to amend this Regulation, Directive 2003/87/ EC of the European Parliament and of the Council and Regulation (EU) 2018/842 of the European Parliament and of the Council.
2020/06/09
Committee: ITRE
Amendment 154 #

2020/0036(COD)

Proposal for a regulation
Recital 18
(18) To ensure the Union and the Member States remain on track to achieve the climate-neutrality objective and progress on adaptation, the Commission should regularly assess progress and gaps in required support. Should the collective progress made by Member States towards the achievement of the climate-neutrality objective or on adaptation be insufficient or Union measures inconsistent with the climate- neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience or reduce vulnerability, the Commission should take the necessary measures in accordance with the Treaties. The Commission should also regularly assess relevant national measures, and issue recommendations where it finds that a Member State’s measures are inconsistent with the climate-neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience and reduce vulnerability to climate change.
2020/06/09
Committee: ITRE
Amendment 160 #

2020/0036(COD)

Proposal for a regulation
Recital 19
(19) The Commission should ensure a robust and objective assessment based on the most up to date scientific, technical and socio-economic findings, and representative of a broad range of independent expertise, and base its assessment on relevant information including information submitted and reported by Member States, reports of the European Environment Agency, best available scientific evidence, including the reports of the IPCC, the latest stocktake in accordance with Article 14 of the Paris Agreement and UNFCC. Given that the Commission has committed to exploring how the EU taxonomy can be used in the context of the European Green Deal by the public sector, this should include information on environmentally sustainable investment, by the Union and Member States, consistent with Regulation (EU) 2020/… [Taxonomy Regulation] when such information becomes available. The Commission should use European and global statistics and data where available and seek expert scrutiny. The European Environment Agency should assist the Commission, as appropriate and in accordance with its annual work programme.
2020/06/09
Committee: ITRE
Amendment 167 #

2020/0036(COD)

Proposal for a regulation
Recital 21
(21) In order to provide predictability and confidence for all economic actors, including businesses, workers, investors and consumers, to ensure that the transition towards climate neutrality is irreversible, to ensure gradual reduction over time and to assist in the assessment of the consistency of measures and progress with the climate-neutrality objective, 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 set out a trajectory for achieving net zero greenhouse gas emissions in the Union by 2050. It is of particular importance that the Commission carries 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 of 13 April 2016 on Better Law-Making37 . 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. _________________ 37deleted OJ L 123, 12.5.2016, p. 1.
2020/06/09
Committee: ITRE
Amendment 173 #

2020/0036(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) A well-functioning internal energy market is an important component of the energy transition and will help to make it financially viable. The development of smart and digital electricity and gas networks must therefore be given top priority in the multiannual financial framework MFF (TEN networks with Connecting Europe Facility CEF). Covid- 19 recovery programmes must also support the development of transnational energy grids. Effective and swift decision- making procedures are needed to support transnational grid developments, notably in future-oriented and hydrogen- compatible gas infrastructure.
2020/06/09
Committee: ITRE
Amendment 177 #

2020/0036(COD)

Proposal for a regulation
Recital 23 b (new)
(23b) European Alliances, especially in the battery and hydrogen sector, are of outmost importance: Coordinated at European level, they offer great opportunities for post-Covid-19 regional recovery processes and successful structural change. Statutory requirements must create a framework for innovations in climate-friendly mobility and energy generation. Those alliances should receive adequate support and funding and should also be part of the future foreign and neighbourhood policy as well as of trade agreements.
2020/06/09
Committee: ITRE
Amendment 189 #

2020/0036(COD)

Proposal for a regulation
Article 1 – paragraph 2
This Regulation sets out a binding objective of climate neutrality in the Unionat EU level by 2050 in pursuit of the long-term temperature goal set out in Article 2 of the Paris Agreement, and provides a framework for achieving progress in pursuit of the global adaptation goal established in Article 7 of the Paris Agreement.
2020/06/09
Committee: ITRE
Amendment 206 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures at Union and national level respectively, to enable the collective achievement of the climate-neutrality objective set out in paragraph 1, taking into account the importance of promoting fairand applying fairness, competitiveness and solidarity among Member States.
2020/06/09
Committee: ITRE
Amendment 218 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. By September 2020, tThe Commission shall review the Union’s 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 in light of the climate-neutrality objective set out in Article 2(1) and the Covid-19 Pandemic, and explore options for a new 2030 target of 50 to 55% emission reductions compared to 1990. Where the Commission considers that it is necessary to amend that target, it shall make proposals to the European Parliament and to the Council as appropriateThe review shall be based on a thorough impact assessment, with a breakdown per Member State, taking into account the Covid-19 influence on European economy and households, the impact of Brexit and the potential social impact of future measures. Where the Commission considers that it is necessary to amend that target, it shall make proposals to the European Parliament and to the Council as appropriate and set out how the use of international market mechanisms can contribute to the cost-effective achievement of the objectives of the EU and the Member States. The Commission should also pursue in parallel efforts to develop a methodology to calculate life- cycle emissions for some products. The contribution of projects in third countries should be accountable for emission reductions while double counting should be strictly avoided and clear documentation integrated.
2020/06/09
Committee: ITRE
Amendment 226 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how the Union legislation implementing the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990 and to achieve the climate-neutrality-objective set out in Article 2(1), and consider taking the necessary measures, including the adoption of legislative proposals, in accordance with the Treaties. When assessing the need to adopt new legislative proposal revising existing legislation and policies, the Commission shall take into consideration regulatory consistency and stability in order to preserve favourable environment for future-proof investments.
2020/06/09
Committee: ITRE
Amendment 227 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how the Union legislation implementing the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990 and to achieve the climate-neutrality-objective set out in Article 2(1), and consider taking the necessary measures, including the adoption of legislative proposals, in accordance with the Treaties. The assessment shall take into account increasing existing compensation mechanisms for lower income Member States proportionally to increased burden associated with elevated climate ambitions.
2020/06/09
Committee: ITRE
Amendment 252 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 9 to supplement this Regulation byshall assess, based on the criteria set out in paragraph 3, the feasibility of setting out an indicative trajectory at Union level to achieve the climate-neutrality objective set out in Article 2(1) until 2050. At the latest within six months after each global stocktake referred to in Article 14 of the Paris Agreement, the Commission shall review the trajectoryand make an appropriate legislative proposal to that effect.
2020/06/09
Committee: ITRE
Amendment 257 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The indicative trajectory shall start from the Union’s 2030 target for climate referred to in Article 2(3).
2020/06/09
Committee: ITRE
Amendment 263 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. When setting athe options for an indicative trajectory in accordance with paragraph 1, the Commission shall consider the following:
2020/06/09
Committee: ITRE
Amendment 287 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point c
(c) best available technologyies, their current penetration in the market and conditions for their further deployment;
2020/06/09
Committee: ITRE
Amendment 298 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point d
(d) energy efficiency, energy affordability and security of supply, including any low-carbon technologies;
2020/06/09
Committee: ITRE
Amendment 316 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point e
(e) fairness and solidarity between and within Member States, as well as Member States' different starting points;
2020/06/09
Committee: ITRE
Amendment 331 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point g a (new)
(ga) the need for predictability and regulatory stability for future-proof investments;
2020/06/09
Committee: ITRE
Amendment 335 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point h
(h) the need to ensure a just and socially fair transition, including the potential social impact of future measures;
2020/06/09
Committee: ITRE
Amendment 340 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point i
(i) international developments and global efforts undertaken by third countries to achieve the long-term climate objectives of the Paris Agreement and the ultimate objective of the United Nations Framework Convention on Climate Change;
2020/06/09
Committee: ITRE
Amendment 341 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point i a (new)
(ia) the prevention of carbon leakage, in particular in energy intensive industries competing at global level;
2020/06/09
Committee: ITRE
Amendment 349 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point j a (new)
(ja) the impact of the Covid-19 pandemic on Europe’s economic situation (or global economic disruptions, such as Covid-19);
2020/06/09
Committee: ITRE
Amendment 353 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point j b (new)
(jb) impact of Brexit on the Union’s general ability to reduce greenhouse gas emissions.
2020/06/09
Committee: ITRE
Amendment 370 #

2020/0036(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Member States shall develop and implement, through the national energy and climate plans, adaptation strategies and plans that include comprehensive risk management frameworks, based on robust climate and vulnerability baselines and progress assessments.
2020/06/09
Committee: ITRE
Amendment 377 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
By 30 Septem1 October 20238, and every 5 years thereafter, the Commission shall assess, together with the assessment foreseen under Article 29(5) of Regulation (EU) 2018/1999:
2020/06/09
Committee: ITRE
Amendment 390 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the collective progress at global level towards the achievement of the Paris Agreement objectives;
2020/06/09
Committee: ITRE
Amendment 391 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b b (new)
(b b) the common progress of all Member States in achieving the EU's industrial policy objectives, in particular the objective of increasing the share of industrial value creation in the EU's total value creation;
2020/06/09
Committee: ITRE
Amendment 402 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. By 30 Septem1 October 20238, and every 5 years thereafter, the Commission shall review:
2020/06/09
Committee: ITRE
Amendment 404 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a
(a) the consistency of Union measures with the climate-neutrality objective set out in Article 2(1) as expressed by the indicative trajectory referred to in Article 3(1) and with the global development in accordance with the Paris Agreement objectives;
2020/06/09
Committee: ITRE
Amendment 408 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
(b a) the adequacy of the measures to ensure progress towards the EU's industrial objectives as well as to ensure effective protection against carbon leakage;
2020/06/09
Committee: ITRE
Amendment 428 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
By 30 Septem1 October 20238, and every 5 years, thereafter the Commission shall assess:
2020/06/09
Committee: ITRE
Amendment 432 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis oftaking into account the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective as expressed by the trajectory referred to in Article 3(1);
2020/06/09
Committee: ITRE
Amendment 434 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b
(b) the adequacy of relevant national measures to ensure progress on adaptation as referred to in Article 4.;
2020/06/09
Committee: ITRE
Amendment 442 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the impact of the implemented measures on the national economic and social situation;
2020/06/09
Committee: ITRE
Amendment 444 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b b (new)
(b b) the effects of the climate policy on industrial value creation and, in particular, on the goal of increasing the share of industrial value creation in total value creation, in order to achieve a more competitive and resilient economy.
2020/06/09
Committee: ITRE
Amendment 458 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objective as expressed by the trajectory referred to in Article 3(1) or inadequatesufficient to ensure progress on adaptation as referred to in Article 4, it may issue recommendations to that Member State. The Commission shall make such recommendations publicly available.
2020/06/09
Committee: ITRE
Amendment 468 #

2020/0036(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) European and global statistics and data, including data on losses from adverse climate impacts, where available; and
2020/06/09
Committee: ITRE
Amendment 469 #

2020/0036(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
(c a) the latest global stocktake referred to in Article 14 of the Paris Agreement;
2020/06/09
Committee: ITRE
Amendment 480 #

2020/0036(COD)

Proposal for a regulation
Article 8 – paragraph 1
The Commission shall engage with all parts of society to enable and empower them to take action towards a climate- neutral and climate-resilient society. The Commission shall facilitate an inclusive and accessible process at all levels, including at national, regional and local level and with social partners, industry stakeholders, citizens and civil society, for the exchange of best practice and to identify actions to contribute to the achievement of the objectives of this Regulation. In addition, the Commission may also draw on the multilevel climate and energy dialogues as set up by Member States in accordance with Article 11 of Regulation (EU) 2018/1999.
2020/06/09
Committee: ITRE
Amendment 485 #

2020/0036(COD)

Proposal for a regulation
Article 9
1. The power to adopt delegated acts referred to in Article 3(1) is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(1) shall be conferred on the Commission for an indeterminate period of time from …[OP: date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 3(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to 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.Article 9 deleted Exercise of the delegation
2020/06/09
Committee: ITRE
Amendment 496 #

2020/0036(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 1
Regulation (EU) 2018/1999
Article 1 – paragraph 1 – point a
(a) implement strategies and measures designed to meet the Union’s climate- neutrality objective as set out in Article 2 of Regulation …/… [Climate Law], the objectives and targets of the Energy Union, and for the first ten-year period, from 2021 to 2030, in particular the Union’s 2030 targets for energy and climate;; , and to achieve the EU's industrial policy goals, in particular the goal of increasing the share of industrial value creation in the total value creation of the EU, in order to achieve a more competitive and resilient economy;
2020/06/09
Committee: ITRE
Amendment 502 #

2020/0036(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 3
Regulation (EU) 2018/1999
Article 3 – paragraph 2 – point f
(f) an assessment of the impacts of the planned policies and measures to meet the objectives referred to in point (b) of this paragraph, including their consistency with Union’s climate-neutrality objective set out in Article 2 of Regulation …/… [Climate Law], the long-term greenhouse gas emission reduction objectives under the Paris Agreement and the long-term strategies as referred to in Article 15; as well as the EU's industrial policy goals according to COM(2020) 102 final;
2020/06/09
Committee: ITRE
Amendment 504 #

2020/0036(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 4 – introductory part
(4) in Article 8(2), the following point (e) iss are added:
2020/06/09
Committee: ITRE
Amendment 506 #

2020/0036(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 4
Regulation (EU) 2018/1999
Article 8 – paragraph 2 – point ea (new)
(e a) the way in which the current policies and measures and the planned policies and measures contribute to the achievement of the EU's industrial policy goals in accordance with COM (2020) 102 final.
2020/06/09
Committee: ITRE
Amendment 508 #

2020/0036(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 5
Regulation (EU) 2018/1999
Article 11
Each Member State shall establish a multilevel climate and energy dialogue pursuant to national rules, in which local authorities, civil society organisation, business community, in particular representatives of SMEs, the digital sector, investors and other relevant stakeholders and the general public are able actively to engage and discuss the achievement of the Union’s climate- neutrality objective set out in Article 2 of Regulation …/… [Climate Law] and the different scenarios envisaged for energy and climate policies, including for the long term, and review progress, unless it already has a structure which serves the same purpose. Integrated national energy and climate plans may be discussed within the framework of such a dialogue.;
2020/06/09
Committee: ITRE
Amendment 62 #

2020/0006(COD)

Proposal for a regulation
Recital 2
(2) The transition to a competitive, climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. This will require significant new investments, particularly in innovation. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the energy transition entails a wider social and economic impact for those regions that rely heavily on solid fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
2020/05/20
Committee: ITRE
Amendment 100 #

2020/0006(COD)

Proposal for a regulation
Recital 7
(7) The resources ofrom the JTF should complement the resources available under cohesion policy. be substantial and consistent with its ambitious objective and should complement the resources available under cohesion policy. The establishment of the JTF should under no circumstance lead to cuts in or transfers from the funds covered by Regulation (EU) ../.. [new CPR], particularly from funds such as the European Regional Development Fund (ERDF), the European Social Fund (ESF+) or the European Agricultural Fund for Rural Development (EAFRD).
2020/05/20
Committee: ITRE
Amendment 115 #

2020/0006(COD)

Proposal for a regulation
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely heavily on solid fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality.
2020/05/20
Committee: ITRE
Amendment 123 #

2020/0006(COD)

Proposal for a regulation
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies, and arere technologically feasible and sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a gradual transition to an innovative, competitive, climate-neutral and circular economy. For dseclining sectortors with high CO2 emissions levels, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the gradual phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission level conducted in cooperation with social partners and within a reasonable timeframe. With the aim of transforming these sectors, support should promote enewrgy efficiency and lower carbon activities through the deployment of new technologies, new processes or products, leadingthe renewable energy sources and investments in the deployment of infrastructure and technology for affordable low emission energy as well as new processes or products. Gas has to be recognised as a bridge technology that needs to play an important role in the transition to a low-emission economy. Further, security of supply must remain intact by technical innovations, including the roll-out of hydrogen which has the potential to become one of the major energy carriers of the 21st century. Such activities should lead to significant life- cycle emission reduction, in the energy system of the territory and be in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing skilled employment and, avoiding environmental degradation and enhancing the robustness of an energy system based predominantly on renewable energy sources, including through flexible balancing technologies and storage solutions. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a competitive, climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
2020/05/20
Committee: ITRE
Amendment 157 #

2020/0006(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) In order to achieve the objectives of the JTF, the European Commission should consider changes to the Environmental Protection and Energy Aid Guidelines, “EEAG Guidelines”, which are necessary to facilitate private investments and successful implementation of the JTF. A strong state aid framework is needed to prevent that any aid for decarbonisation leads to undue distortions in the internal market. The revision of the EEAG has to accompany the Green Deal, in particular by taking into account recent and new regulatory developments, technological progress and opportunities as well as market evolutions in the energy sector. The planned revision of the EEAG should allow for national support for structural changes due to coal phase-out following the same conditionality as the Just Transition Fund. When revising the guidelines, the Commission should therefore also take into account the problems of structural change in the regions concerned, in order to ensure that these region are given sufficient flexibility to carry out their projects in a socially and economically viable manner.
2020/05/20
Committee: ITRE
Amendment 161 #

2020/0006(COD)

Proposal for a regulation
Recital 12 b (new)
(12b) Support for productive investment in enterprises other than SMEs through the Just Transition Fund should not be limited to the areas eligible for State aid under the applicable State aid rules pursuant to Article 107(3)(a) and (c) TFEU. On the contrary, State aid rules should allow all regions receiving assistance through the JTF to effectively address the threat of job losses at an early stage. This should also be ensured by adapting the general block exemption Regulation accordingly;
2020/05/20
Committee: ITRE
Amendment 162 #

2020/0006(COD)

Proposal for a regulation
Recital 12 c (new)
(12c) The areas most affected by the transition to a climate-neutral economy should be given the opportunity to actively address the associated structural change as early as possible. This requires adjustments to state aid law, e.g. through a new guideline of the European Commission on the basis of Article 107 (3) (b) or (c) TFEU, so that it is ensured that aid is permissible under the applicable rules regardless of the status of the assisted regions;
2020/05/20
Committee: ITRE
Amendment 175 #

2020/0006(COD)

Proposal for a regulation
Recital 15
(15) The territorial just transition plans should identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken to reach a climate-neutral economy, notably as regards the conversion or closure of facilities involving solid fossil fuel production or other greenhouse gas intensive activities , while preserving existing and developing new job opportunities to avoid social exclusion in the affected territories. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereof. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate-resilient economic activities that are also consistent with the transition to climate-neutrality and, where possible synergetic with other relevant Union and national funding schemes and programmes, as well as the objectives of the Green Deal. Cannibalisation between schemes should be avoided. Only investments in accordance with the transition plans should receive financial support from the JTF. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission. The investment guidance identified by the European Commission in Annex D to the Country Reports 2020 should not limit the Member States in proposing new areas and priorities for the JTF support that will contribute to the transition towards EU climate neutrality by 2050.
2020/05/20
Committee: ITRE
Amendment 190 #

2020/0006(COD)

Proposal for a regulation
Recital 19
(19) The objectives of this Regulation, namely to support territories facing economic, energy and social transformation in their transition to a climate-neutral economy, cannot be sufficiently achieved by the Member States alone. The main reasons in this regard are, on the one hand, the disparities between the levels of development of the various territories and the backwardness of the least favoured territories, as well as the limit on the financial resources of the Member States and territories and, on the other hand, the need for a coherent implementation framework covering several Union funds under shared management. Policy coherence with other policies has to be ensured, most notably industrial policy and public procurement rules, with a view to ensuring a level playing field to enable European industry, including SMEs, to produce the sustainable goods and services in line with the Green Deal and to provide jobs. Since those objectives can better be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
2020/05/20
Committee: ITRE
Amendment 195 #

2020/0006(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio- economic , energy security and environmental challenges deriving from the energy transition process towards a climate-neutral economy of the Union by 2050, namely to all regions where coal is still harvested or where important structural changes take place after phasing out coal-mining activities as well as to regions with greenhouse gas intensive industrial activities.
2020/05/20
Committee: ITRE
Amendment 208 #

2020/0006(COD)

Proposal for a regulation
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘supporting actions targeted at achieving a solidary and effective energy transition towards a climate-neutral economy, taking into account the development of territorial just transition plans to give planning security to workers, energy sector, industry, investors and communities as well as enabling regions and people to address the social, economic, energy security and environmental impacts of the transition tow’ in line with the Pardis aAgreement goals, the Union’s goal of climate- neutral economy’ity by 2050 and the 2030 emission reduction targets.
2020/05/20
Committee: ITRE
Amendment 217 #

2020/0006(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goal in all Member States, primarily in regions heavily dependent on coal and whose GDP per capita is below the EU’s average. 80% of the resources of the JTF should be allocated to coal regions as listed in the Annex of the Terms of Reference for the Platform on Coal and Carbon-Intensive Regions (Coal Regions in Transition Platform) to address social, economic, energy security and environmental impacts of their energy transition.
2020/05/20
Committee: ITRE
Amendment 225 #

2020/0006(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.at least EUR 18,75 billion in 2018 prices, which and shall not be transferred from the allocations of the funds covered by the Regulation (EU) [new CPR], particularly from funds such as the European Regional Development Fund (ERDF), the European Social Fund (ESF+) or the European Agricultural Fund for Rural Development (EAFRD). That amount may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
2020/05/20
Committee: ITRE
Amendment 246 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive investments in SMEs, includingexisting companies, including regional and local publicly-owned companies, SMEs and start-ups, leading to economic diversification and reconversion; as well as contributing to the creation of new jobs;
2020/05/20
Committee: ITRE
Amendment 255 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) investments in the creation of new firms, including through business incubators andparticularly SMEs and start-ups leading to economic diversification and contributing to new jobs creation and including the provision of relevant business consulting services;
2020/05/20
Committee: ITRE
Amendment 274 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and, infrastructures and services for an affordable clean energy, low-carbon, safe and flexible energy system, in greenhouse gas emission reduction, energy efficiency and renewable energystorage solutions;
2020/05/20
Committee: ITRE
Amendment 281 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments related to the production, processing, transportation, distribution, storage or combustion of natural gas, renewable gas and hydrogen;
2020/05/20
Committee: ITRE
Amendment 293 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
(db) cross-border electricity interconnection, with a view to achieving the target of 15 % by 2030;
2020/05/20
Committee: ITRE
Amendment 303 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity, including investments in very high capacity networks and 5G technology as well as smart energy solutions and related infrastructure and technologies;
2020/05/20
Committee: ITRE
Amendment 308 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing project, decontamination, environmental remediation, revitalization, access and renovation of former coal mine and power station as well as brownfield sites and facilities, land restoration and repurposing projects, including afforestation of post coal mine sites;
2020/05/20
Committee: ITRE
Amendment 316 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) investments in environmentally- friendly multimodal urban mobility and alternative transport fuels accelerating the transition towards zero-emission mobility;
2020/05/20
Committee: ITRE
Amendment 348 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEUthe respective territories, productive investments in enterprises other than SMEs, provided that such investments have been approved as part ofincluded in the territorial just transition plan as necessary for energy transition, based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
2020/05/20
Committee: ITRE
Amendment 451 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans where possible shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with relevant smart specialisation strategies, the NECPs and, the European Pillar of Social Rights and other relevant strategies and programmes, including on clean air, clean steel, energy poverty and energy prosumers.
2020/05/20
Committee: ITRE
Amendment 482 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a – point ii
(ii) employment in mining of coal and, lignite and oil shale (weighting 250%),
2020/05/20
Committee: ITRE
Amendment 495 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a – point iv
(iv) production of peat (weighting 0,951%),
2020/05/20
Committee: ITRE
Amendment 496 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a – point v
(v) production of oil shale (weighting 0,05%);deleted
2020/05/20
Committee: ITRE
Amendment 21 #

2019/2975(RSP)


Citation 5
— having regard to the Concluding Observations of the UN Committee on the Rights of Persons with Disabilities (UNCRPD Committee) of 2 October 2015 on the initial report of the European Union, including those on the European Union institutions’ compliance with the Convention as public administrations,
2020/02/04
Committee: EMPL
Amendment 63 #

2019/2975(RSP)


Citation 28 a (new)
- having regard to the exploratory opinion of the European Economic and Social Committee requested by the European Parliament on the situation of women with disabilities,
2020/02/04
Committee: EMPL
Amendment 65 #

2019/2975(RSP)


Citation 28 b (new)
- having regard to the European Ombudsman’s strategic inquiries into how the European Commission ensures that persons with disabilities can access its websites (OI/6/2017/EA), how the European Commission treats persons with disabilities under the Joint Sickness Insurance Scheme for EU staff (OI/4/2016/EA) and the Decision in the joint inquiry in cases 1337/2017/EA and 1338/2017/EA on the accessibility for visually impaired candidates of selection procedures to recruit EU civil servants, organised by the European Personnel Selection Office,
2020/02/04
Committee: EMPL
Amendment 71 #

2019/2975(RSP)


Recital A
A. whereas, as full citizens, all persons with disabilities have equal rights in all fields of life (including access to open labour market and education) and are entitled to inalienable dignity, equal treatment, independent living, autonomy and full participation in society, respecting and valuating their input to social and economic progress of Europe;
2020/02/04
Committee: EMPL
Amendment 110 #

2019/2975(RSP)


Recital G a (new)
G a. whereas in 2018 among all people with disabilities (aged 16 and over) 28,7 % was at risk of poverty and social exclusion13g _________________ 13g https://ec.europa.eu/eurostat/web/product s-eurostat-news/-/DDN-20191029-2
2020/02/04
Committee: EMPL
Amendment 144 #

2019/2975(RSP)


Paragraph 1
1. Aacknowledges the advancement in the implementation of the UNCRPD brought about by the European Disability Strategy 2010-2020; and calls on the Commission to continue the work by building upon and integrating what has been achieved and by upscaling the presentits commitment to the rights of persons with disabilities through the Strategy;
2020/02/04
Committee: EMPL
Amendment 162 #

2019/2975(RSP)


Paragraph 2 – indent 1
- with clearly designated priority areas covering all the provisions of the UNCRPD in all areas of EU policy and addressing the Concluding Observations of the UNCRPD Committee adopted in 2015,
2020/02/04
Committee: EMPL
Amendment 174 #
2020/02/04
Committee: EMPL
Amendment 187 #

2019/2975(RSP)


Paragraph 2 – indent 5
- mainstreaming the rights of the childrenpersons with disabilities into all policies and areas,
2020/02/04
Committee: EMPL
Amendment 194 #

2019/2975(RSP)


Paragraph 2 – indent 5 a (new)
- giving special attention to wellbeing and equal opportunities for children with disabilities inter alia via ensuring unreserved access to childcare and education and supporting families with children with disabilities,
2020/02/04
Committee: EMPL
Amendment 210 #

2019/2975(RSP)


Paragraph 2 – indent 8
- allocating an adequate budget for the implementation of the post-2020 Strategy; and ensuring continuity of financing in the New Multiannual Financial Framework,
2020/02/04
Committee: EMPL
Amendment 213 #

2019/2975(RSP)


Paragraph 2 – indent 8 a (new)
- recognising and addressing the multiple and intersectional forms of discrimination they may face,
2020/02/04
Committee: EMPL
Amendment 217 #

2019/2975(RSP)


Paragraph 2 – indent 8 b (new)
- accelerating work on mutual recognition of disability status between EU Member States in all areas,
2020/02/04
Committee: EMPL
Amendment 218 #

2019/2975(RSP)


Paragraph 2 – indent 8 c (new)
- implementing the EU Disability Card to all EU Member States to ensure recognition of disability while moving across the EU and secure freedom of movement, access to culture, education and work for people with disabilities,
2020/02/04
Committee: EMPL
Amendment 219 #

2019/2975(RSP)


Paragraph 2 – indent 8 d (new)
- ensuring that persons with disabilities have equal opportunities in the labour market, access to inclusive and mainstream education, health services as well as equal access to transport by eliminating the barriers to social participation and application of universal design principles into infrastructural and digital investments across the EU,
2020/02/04
Committee: EMPL
Amendment 220 #

2019/2975(RSP)


Paragraph 2 – indent 8 e (new)
- acknowledging the evolution of new technologies and its potential for persons with disabilities including ICT applications,
2020/02/04
Committee: EMPL
Amendment 221 #

2019/2975(RSP)


Paragraph 2 – indent 8 f (new)
- supporting independent living programmes especially for people with intellectual disabilities by promoting supported employment and supported housing;
2020/02/04
Committee: EMPL
Amendment 222 #

2019/2975(RSP)


Paragraph 2 – indent 8 g (new)
- targeting adult people with disabilities with a special attention to the intellectually disabled and their future after the death of the attendant;
2020/02/04
Committee: EMPL
Amendment 238 #

2019/2975(RSP)


Paragraph 3 a (new)
3 a. Calls the Commission to ensure the inclusion of a gender-based and intersectional approach to combat the multiple forms of discrimination faced by women and girls with disabilities, and urges the European Union and those Member States which have not done so already to accede to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
2020/02/04
Committee: EMPL
Amendment 245 #

2019/2975(RSP)


Paragraph 3 b (new)
3 b. Calls for the post 2020 Strategy to set out an interinstitutional structure to oversee its implementation; urges that Disability Focal Points be present in all Commission Directorates General and agencies and in all EU institutions, with the central Focal Point located within the Commission’s General Secretariat; stresses that an interinstitutional mechanism exist to ensure collaboration between the Commission, the Parliament and the Council, with their respective Presidents meeting at the start of each mandate;
2020/02/04
Committee: EMPL
Amendment 252 #

2019/2975(RSP)


Paragraph 4
4. Calls on the Commission to prepare the post-2020 Strategy with the close and systematic involvement of persons with disabilities and of their representative organisations, and to ensure their accessible and meaningful participation in the preparation, implementation, monitoring and evaluation of the post-2020 Strategy also through funding their capacity-building;
2020/02/04
Committee: EMPL
Amendment 291 #

2019/2975(RSP)


Paragraph 7
7. Calls on the Commission to systematically mainstream the rights of persons with disabilities in all the relevant EU laws, policies and programmes; urges the full integration of the disability-rights perspective in the Gender Equality Strategy, the Youth Guarantee, the Green New Deal, the Child Guarantee and the forthcoming Green paper on Ageing, and stresses the need for a Disability Rights Guarantee to assist persons with disabilities into employment, traineeships, job placements and further education;
2020/02/04
Committee: EMPL
Amendment 309 #

2019/2975(RSP)


Paragraph 7 a (new)
7 a. Stresses the fact that people with disabilites are more exposed to the risk of poverty and social exclusion than those without;
2020/02/04
Committee: EMPL
Amendment 316 #

2019/2975(RSP)

Draft motion for a resolution
Paragraph 8
8. Calls on the Commission to safeguard the UNCRPD-compliant use of EU funds and to ensure that EU funds will not contribute to the construction or refurbishment of institutional care settings nor invest in structures that are inaccessible to persons with disabilities. Furthermore, funds should actively be invested in research to develop better and more affordable assistive technology for persons with disabilities and towards increasing the participation of persons with disabilities in all EU funded programmes;
2020/02/04
Committee: EMPL
Amendment 337 #

2019/2975(RSP)


Paragraph 8 a (new)
8 a. Calls on the Commission to ensure that all projects financed by the EU funds have positive impact on respect of rights of persons with disabilities in particular supporting accessibility, access to education, health and employment;
2020/02/04
Committee: EMPL
Amendment 362 #

2019/2975(RSP)


Paragraph 9
9. Calls on the Commission and Member States to develop a comprehensive campaign in accessible format with engagement of media to raise awareness of the UN CRPD, rights and needs of persons with disabilities as well as barriers they face among the persons with disabilities and the society in general;
2020/02/04
Committee: EMPL
Amendment 393 #

2019/2975(RSP)


Paragraph 10 a (new)
10 a. Calls on the European Commission to ensure that the Strategy includes the end of violence against persons with disabilities as one of its main objectives, paying particular attention to gender-based violence, including forced sterilisation, forced institutionalisation, forced treatment and violence;
2020/02/04
Committee: EMPL
Amendment 402 #

2019/2975(RSP)


Paragraph 10 b (new)
10 b. Urges the Commission and the Member States to make the EU a leader in promoting the rights of persons with disabilities, including marginalised groups with disabilities, such as women and girls with disabilities, through its external action;
2020/02/04
Committee: EMPL
Amendment 437 #

2019/2975(RSP)


Paragraph 12 a (new)
12 a. Calls on the Commission to include a section on European Union institutions as public administrations to ensure that they comply with the UN CRPD in all respects, which includes making available the necessary resources, focal points, coordination mechanisms, internal policies, accessible infrastructure such as buildings, communications (including in sign language and Braille), websites and ICT applications, as well as permanent mechanisms to consult actively and effectively with representative organisations of persons with disabilities, positive actions and anti-discrimination safeguards that are necessary for the successful implementation of the Strategy and of the CRPD both in the EU at large as well as within the EU institutions and agencies;
2020/02/04
Committee: EMPL
Amendment 447 #

2019/2975(RSP)


Paragraph 12 a (new)
12 a. Calls on all Member States to develop their own national disability strategies for promoting disability equality mainstreaming and address the implementation of the UN CRPD;
2020/02/04
Committee: EMPL
Amendment 60 #

2019/2213(BUD)

Draft opinion
Paragraph 4
4. Underlines that all areas of the budget need to contribute to the overall goals of the European Green Deal and the UN Sustainable Development Goals; recalls in this context the importance of the introduction of a Just Transition Fund to address societal, socio-economic and environmental impacts on workers and communities adversely affected by the transition from coal and carbon dependence, and calls for solid financing of the fund from a separate dedicated budget line under Heading 9 (“Environment and Climate Action”);
2020/02/20
Committee: ITRE
Amendment 452 #

2019/2135(INI)

Motion for a resolution
Paragraph 57 a (new)
57a. Welcomes the recently intensified political dialogue in, both formal and informal, settings between the EU and NATO, which remains an essential tool for strengthening mutual trust, building confidence and parliamentary awareness and understanding of the key issues affecting the security of the Euro-Atlantic area vis-à-vis the NATO allies and the EU Member States;
2019/11/12
Committee: AFET
Amendment 42 #

2019/2028(BUD)

Draft opinion
Paragraph 9
9. Calls for additional funds to accelerate the development and deployment of cleaner technologies as well as additional funds to facilitate a just transition of coal regions to help meet the commitments undertaken by the Union under the Paris Agreement; stresses the need to continue supporting coal regions in the Union, so that they are prepared to benefit from a new Just Energy Transition Fund in the MFF 2021-2027.
2057/01/05
Committee: ITRE
Amendment 96 #

2018/0228(COD)

Proposal for a regulation
Recital 4
(4) Reflecting the importance of tackling climate change in line with Union’s commitments to implement the Paris Agreement, and the commitment to the United Nations Sustainable Development Goals, this Regulation should therefore mainstream climate action and lead to the achievement of an overall target of 25% of the EU budget expenditures supporting climate objectives18 . Actions under this Programme are expected to contribute 60% of the overall financial envelope of the Programme to climate objectives, based inter alia on the following Rio markers: i) 100% for the e. Expenditures relating to railway infrastructure, alternative fuels, clean urban transport, electricity transmission, electricity storage, smart grids, CO2 transportation and, renewable energy; ii) 40% for, gas infrastructure, inland waterways and multimodal transport, and gas infrastructure - if enabling increased use of renewable hydrogen or bio-methane shall be considered as compliant with climate objectives. Relevant actions will be identified during the Programme's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. In order to prevent that infrastructure is vulnerable to potential long term climate change impacts and to ensure that the cost of greenhouse gas emissions arising from the project is included in the project's economic evaluation, projects supported by the Programme should be subject to climate proofing in accordance with guidance that should be developed by the Commission coherently with the guidance developed for other programmes of the Union where relevant. __________________ 18 COM(2018) 321, page 13 COM(2018) 321, page 13
2018/09/21
Committee: ITRETRAN
Amendment 241 #

2018/0228(COD)

Proposal for a regulation
Recital 20
(20) Innovative infrastructure technologies that enable the transition to a low carb-emission energy and mobility systems and improve security of supply are essential in view of the Union's decarbonisation agenda. In particular, in its Communication of 23 November 2017 "Communication on strengthening Europe's energy networks"28 , the Commission emphasised that the role of electricity, where renewable energy will constitute half of the electricity generation by 2030, will increasingly be driving the decarbonisation of sectors so far dominated by high-emission fossil fuels, such as transport, industry and heating and cooling and that accordingly, the focus under the trans- European energy infrastructure policy is increasingly on electricity interconnections, electricity storages and, smart grids projects and gas infrastructure investments. To support the Union's decarbonisation objectives, due consideration and priority should be given to technologies and projects contributing to the transition to a low carb-emission economy. The Commission will aim at increasing the number of cross-border smart grid, innovative storage as well as carbon dioxide transportation projects to be supported under the Programme. __________________ 28 COM(2017) 718 COM(2017) 718
2018/09/21
Committee: ITRETRAN
Amendment 246 #

2018/0228(COD)

Proposal for a regulation
Recital 20 a (new)
(20a) Priority should be given by the Commission to those projects that contribute to achieving a level of interconnection of 15% in 2030 if the price differential in the wholesale market exceeds a threshold of 2 EUR/MWh between Member States, regions or bidding zones, if the nominal transmission capacity of interconnectors in a Member State is below 30% of its peak load and if the nominal transmission capacity of interconnectors in a Member State is below 30% of its installed renewable generation capacity.
2018/09/21
Committee: ITRETRAN
Amendment 756 #

2018/0228(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b – point ix a (new)
(ixa) actions supporting alternative fuels in accordance with Article 2 (1) of Directive 2014/94/EU
2018/09/21
Committee: ITRETRAN
Amendment 902 #

2018/0228(COD)

Proposal for a regulation
Article 13 – paragraph 4 a (new)
4a. In the energy sector, account will be taken of the need to give priority to urgent projects that contribute to improving the cross-border transmission capacity between Member States that have not attained a level of interconnection of 15% if the price differential in the wholesale market exceeds a threshold of 2EUR/MWh between Member States, regions or bidding zones, if the nominal transmission capacity of interconnectors in a Member State is below 30% of its peak load and if the nominal transmission capacity of interconnectors in a Member State is below 30% of its installed renewable generation capacity.
2018/09/21
Committee: ITRETRAN
Amendment 319 #

2018/0224(COD)

Proposal for a regulation
Recital 4
(4) The continuation of “Open Science, Open Innovation, Open to the World cons” attitutde general principles, which should ensure excellence and impact of the Union's investment in research and innovation. They and strengthen R&I capacity of all Member States. This should be adhered in the implementation of the Programme, in particular for the sStrategic planning in respect of the pillar 'Global Challenges and Industrial Competitiveness'R&I Plans.
2018/09/11
Committee: ITRE
Amendment 328 #

2018/0224(COD)

Proposal for a regulation
Recital 6
(6) The conception and design of the Programme should respond to the need for establishing a critical mass of supported activities, throughout the EU Unionuropean Union, with balanced roles of research, academia and industry, and through targeted international cooperation while safeguarding balanced participation of all Member States in the Programme, in line with the UN Sustainable Development Goals (SDGs). Programme implementation should reinforce the pursuit of this aim.
2018/09/11
Committee: ITRE
Amendment 359 #

2018/0224(COD)

Proposal for a regulation
Recital 10
(10) The pillar 'Global Challenges and Industrial Competitiveness' should be established through clusters of research and innovation activities, in order to maximise integration across the respective work areas while securing high and sustainable levels of EU impact for the Union in relation to the resources that are expended. It will encourage cross- disciplinary, cross- sectoral, cross-policy and cross-border collaboration in pursuit of the UN SDGs and the competitiveness of the Union's industries therein as well as significant reduction of EU R&I divide and participation gap in the Programme.
2018/09/11
Committee: ITRE
Amendment 386 #

2018/0224(COD)

Proposal for a regulation
Recital 14
(14) The Commission's Communication on the interim evaluation of Horizon 2020 (COM(2018) 2 final) hasand the European Parliament’s report on the assessment of Horizon 2020 implementation in view of its interim evaluation and the Framework Programme 9 proposal (2016/2147(INI)) have provided a set of recommendations for this Programme, including its Rules for participation and dissemination, building on the lessons learnt from the previous Programme as well as input from EU institutions and stakeholders. Those recommendations include to invest more ambitiously in order to reach critical mass and maximise impact; to support breakthrough innovation; to prioritise Union research and innovation (R&I) investments in areas of high added value, notably through mission- orientation, citizen involvement and wide communication; to rationalise the Union funding landscape in order to fully use the R&I potential of all Member States, including by streamlining the range of partnership initiatives and co-funding schemes; the development of more and concrete synergies between different Union funding instruments, notably with the aim of helping to mobilise under-exploited R&I potential across the Union; to strengthen international cooperation and reinforce openness to third countries' participationbetter involve research infrastructures financed by the EU - especially from ERDF - into the Programme’s projects, to strengthen international cooperation and reinforce openness to third countries' participation while safeguarding EU interest and balanced participation of all Member States in the Programme; and to continue simplification based on implementation experiences from Horizon 2020.
2018/09/11
Committee: ITRE
Amendment 420 #

2018/0224(COD)

Proposal for a regulation
Recital 20
(20) The policy objectives of this Programme will be also addressed through financial instruments and budgetary guarantee under the policy windows of the InvestEU Fund. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or diIn order to address the need to support investment in higher-risk and non-linear activities such as research and innovation, it is essential that Horizon Europe, in particular the EIC as well as the EIT with its KICs, work in synergy with the financial products to be deployed under InvestEU. Additionally, innovative SMEs and startups face difficulties in access to finance, especially those focusing on intangible assets, hence the need for the EIC to work in close complementarity with the dedicated financial products under InvestEU to ensure a continuity of support for such SMEs. In that regard, the experience gained from the financial instruments deployed under Horizon 2020 such as InnovFin and the loan guarantee for SMEs under COSME, should serve as a strong basis to deliver this targeted support. In this regard also, the EIC shall benefit from the experience gained so far by KICs and work in collaboration with their stoart competition in the Internal market. Actions should have a clear European added value. -ups and the ecosystems created by KICs to the profit of the European innovators. Actions should strengthen EU’s external competitiveness.
2018/09/11
Committee: ITRE
Amendment 424 #

2018/0224(COD)

Proposal for a regulation
Recital 21
(21) The EIC through its instruments – Pathfinder and Accelerator – should aim, when possible and potentially efficient in collaboration with the EIT and its KICs, at identifying, developing and deploying breakthrough research targeted towards new technologies and market creating innovations and, together with InvestEU, supporting their rapid scale-up to EU and international levels. Through coherent and streamlined support to breakthrough innovation the EIC should fill the current vacuum incomplete public support and private investment for breakthrough innovation. The instruments of the EIC call for dedicated legal and management features in order to reflect its objectives, in particular market deployment activities. In this regard, the EIC shall work in synergies with the EIT and its KICs to use their expertise and experience and to avoid duplication.
2018/09/11
Committee: ITRE
Amendment 461 #

2018/0224(COD)

Proposal for a regulation
Recital 26 a (new)
(26a) With the aim of strengthening of the European Research Area, significant reduction of the EU research and innovation divide and diminishing the participation gap in the EU R&I actions, all parts of the Programme should contribute to spreading scientific excellence, boosting new R&I cooperation patterns, reducing remuneration gap among researchers within the Union, modernising national R&I ecosystems and ensuring balanced representation in the evaluation panels, expert groups and scientific boards.
2018/09/11
Committee: ITRE
Amendment 503 #

2018/0224(COD)

Proposal for a regulation
Recital 48
(48) The current system of reimbursement of actual personnel costs should be further simplified building on the project-based, aiming closing the remuneration gapproach developed under Horizon 2020 and further aligned to the Financial Regulation among EU researchers involved in the Programme, including through acceptance of national accounting practices.
2018/09/11
Committee: ITRE
Amendment 512 #

2018/0224(COD)

Proposal for a regulation
Recital 51
(51) The key elements of the proposal evaluation and selection system of the predecessor programme Horizon 2020 with its particular focus on excellence’, ‘impact’ and ‘quality and efficiency of implementation’ criteria, should be maintained. Proposals should continue to be selected based on the evaluation made by independent experts. The Commission will organise blind-evaluation pilots and analyse its results in order to implement, if justified, blind-evaluation procedure in all parts of Horizon Europe. Where relevant, the necessity to ensure the overall coherence of the portfolio of projects should be taken into account by independent experts.
2018/09/11
Committee: ITRE
Amendment 530 #

2018/0224(COD)

Proposal for a regulation
Article 1 – paragraph 4 – point a (new)
(a) The EIT shall implement the Programme in accordance with the Strategic Innovation Agenda of the EIT for the period 2021-2027 with the reserve that any new KIC created shall entail additional and adequate budgetary resources, not to undermine the objectives and the commitments of the existing KICs.
2018/09/11
Committee: ITRE
Amendment 652 #

2018/0224(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
(da) to fully use R&I potential of all Member States and support creating new excellent R&I networks involving also less performing EU Member States
2018/09/11
Committee: ITRE
Amendment 719 #

2018/0224(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a
(a) sharpreading excellence and widening participation;
2018/09/11
Committee: ITRE
Amendment 763 #

2018/0224(COD)

Proposal for a regulation
Article 6 – paragraph 7 a (new)
7a. The Programme shall ensure the significant reduction of R&I divide in the EU and widen participation of the less performing EU Member States in Horizon Europe up to at least 15% of the Programme’s budget , through 'spreading excellence and widening participation' instruments and solutions and through supporting national reforms of R&I ecosystems.
2018/09/11
Committee: ITRE
Amendment 835 #

2018/0224(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
(da) have the necessary scope, scale and wide mobilization of the resources required
2018/09/11
Committee: ITRE
Amendment 900 #

2018/0224(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Framework Programme for the period 2021 – 2027 shall be EUR 94 1120 000 000 000 in curreonstant prices for the specific programme referred to in Article 1(3)(a) and, in addition, the amount for the specific programme referred to in Article 1(3)(b), as laid down in Regulation…. establishing the European Defence Fund.
2018/09/11
Committee: ITRE
Amendment 905 #

2018/0224(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Framework Programme for the period 2021 – 2027 shall be EUR 94 1120 000 000 000 in curreonstant prices for the specific programme referred to in Article 1(3)(a) and, in addition, the amount for the specific programme referred to in Article 1(3)(b), as laid down in Regulation…. establishing the European Defence Fund.
2018/09/11
Committee: ITRE
Amendment 1020 #

2018/0224(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c – point 1
(1) EUR 10 5000 000 000 for the European Innovation Council, including up to EUR 500 000 000 for European Innovation Ecosystems;
2018/09/11
Committee: ITRE
Amendment 1035 #

2018/0224(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c – point 2
(2) EUR 3 04 500 000 000 for the European Institute of Innovation and Technology (EIT);
2018/09/11
Committee: ITRE
Amendment 1046 #

2018/0224(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point d – point 1
(1) EUR 1 76 000 000 000 for 'sharpreading excellence and widening participation';
2018/09/11
Committee: ITRE
Amendment 1247 #

2018/0224(COD)

Proposal for a regulation
Article 25 – paragraph 1 a (new)
1a. Scientific excellence remains core evaluation criteria in all Horizon Europe’s calls. Among the proposals having passed the applicable thresholds and evaluated equally as excellent, priority shall be considered to those providing strong EU added value and meeting at least one of the following conditions, contributing directly to 'impact' and 'quality and efficiency of implementation' criteria: – helping to achieve the specific EU policy objectives; – attracting excellent scientists and high-quality industry partners from outside of the EU – using research infrastructure financed by the EU, particularly from ERDF – involving partners from the eligible widening countries
2018/09/11
Committee: ITRE
Amendment 1430 #

2018/0224(COD)

Proposal for a regulation
Article 43 – paragraph 5 – introductory part
5. With the agreement of applicants concerned, the Commission or funding bodies implementing Horizon Europe (including EIT and its KICs) may directly submit for evaluation under the last evaluation criterion a proposal for an innovation and market deployment action which already fulfils the first two criteria, subject to the following cumulative conditions:
2018/09/11
Committee: ITRE
Amendment 1571 #

2018/0224(COD)

Proposal for a regulation
Annex I – point 2 – paragraph 4 – point c – paragraph 1
Areas of intervention: Manufacturing technologies; Digital technologies; Advanced materials; Artificial intelligence and robotics; Next generation internet; High performance computing and Big Data; Quantum Technologies; Circular industries; Low carbon and clean industry; Space
2018/09/12
Committee: ITRE
Amendment 1634 #

2018/0224(COD)

Proposal for a regulation
Annex I – point 4 – paragraph 2
Areas of intervention: Sharpreading Eexcellence; Reforming and enhanc and widening participation through existing Teaming, Twinning, and ERA-Chairs instruments transformed from just networking to both networking and R&I activities, as well as through additional instrument focused on creating new high-quality R&I networks based on the sophisticated research infrastructures financed from ERDF; supporting COST and citizen engagement activities; reforming the European R&I system.s;
2018/09/12
Committee: ITRE
Amendment 1712 #

2018/0224(COD)

Proposal for a regulation
Annex IV – point 6 – point b
(b) research and innovation needs related to digital aspects are identified and established in the Programme's strategic research and innovation plans; this includes research and innovation for High Performance Computing, Artificial Intelligence, Cybersecurity, Quantum Technologies, combining digital with other enabling technologies and non- technological innovations; support for the scale-up of companies introducing breakthrough innovations (many of which will combine digital and physical technologies; the integration of digital across all the pillar 'Global Challenges and Industrial Competitiveness'; and the support to digital research infrastructures;
2018/09/12
Committee: ITRE
Amendment 1715 #

2018/0224(COD)

Proposal for a regulation
Annex IV – point 6 – point c
(c) DEP focuses on large-scale digital capacity and infrastructure building in High Performance Computing, Artificial Intelligence, Cybersecurity, Quantum Technologies and advanced digital skills aiming at wide uptake and deployment across Europe of critical existing or tested innovative digital solutions within an EU framework in areas of public interest (such as health, public administration, justice and education) or market failure (such as the digitisation of businesses, notably small and medium enterprises); DEP is mainly implemented through coordinated and strategic investments with Member States, notably through joint public procurement, in digital capacities to be shared across Europe and in EU-wide actions that support interoperability and standardisation as part of developing a Digital Single Market;
2018/09/12
Committee: ITRE
Amendment 1767 #
2018/09/12
Committee: ITRE
Amendment 400 #

2016/0380(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that every final customer is entitled, on request, to a dynamic electricity price contract by his supplier provided that there is technical availability necessary for such a service.
2017/09/28
Committee: ITRE
Amendment 442 #

2016/0380(COD)

Proposal for a directive
Article 12 – paragraph 2
2. Member States shall ensure that final customers are not charged any switching- related fees.
2017/09/28
Committee: ITRE
Amendment 450 #

2016/0380(COD)

Proposal for a directive
Article 12 – paragraph 3
3. By way of derogation from paragraph 2, Member States may choose to permit suppliers to charge contract termination fees to final customers willingly terminating fixed term supply contracts before their maturity. Such fees may only be charged if final customers receive a demonstrable advantage from these contracts. In addition, such fees shall not exceed the direct economic loss to the supplier of the final customer terminating the contract, including the cost of any bundled investments or services already provided to the final customer as part of the contract.
2017/09/28
Committee: ITRE
Amendment 233 #

2016/0379(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point u
(u) 'capacity mechanism' means an market or administrative measure to ensure the achievement of the desired level of security of supply by remunerating resources for their availability not including measures relating to ancillary services;
2017/09/25
Committee: ITRE
Amendment 338 #

2016/0379(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point b
(b) generating installations using renewable energy sources or high- efficiency cogeneration with an installed electricity capacity of less than 500 kW if the relevant DSO raises no objections;
2017/09/25
Committee: ITRE
Amendment 374 #

2016/0379(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Balancing energy shall be procured separately from balancing capacity. When economically efficient and subject to approval by the national regulatory authority, procurement of balancing energy and balancing capacity may be performed under an integrated process. Procurement processes shall be transparent while at the same time respecting confidentiality.
2017/09/25
Committee: ITRE
Amendment 1 #

2013/2777(RSP)

Motion for a resolution
Recital A a (new)
Aa. Whereas according to the International Energy Outlook 2013 global energy demand is projected to increase by 56% between 2010 and 2040 and fossil fuels will continue to supply almost 80% of world energy use through to 2040 1; whereas meeting this demand would result in a significant increase of CO2 emissions; whereas the major part of the incremental demand and emissions will happen in emerging economies; whereas worldwide there have been fossil fuel subsidies of a value of USD 1,9 trillion according to IMF figures with the US, China and Russia as top subsidizers accounting for around half of these subsidies2;
2014/08/04
Committee: ITRE
Amendment 2 #

2013/2777(RSP)

Motion for a resolution
Recital A b (new)
1 http://www.eia.gov/forecasts/ieo/?src=Analysis-b2 2 http://www.imf.org/external/pubs/ft/survey/so/2013/int032713a.htm Ab. Whereas many countries are taking steps toward the greening of the economy in industry and energy sectors, for various reasons including climate protection, resource scarcity and efficiency, energy security, innovation and competitiveness; nevertheless according to the International Energy Agency global CO2 emissions rose to record high in 2012 and according to the IPCC global mean surface temperatures and sea levels continue to rise;
2014/08/04
Committee: ITRE
Amendment 3 #

2013/2777(RSP)

Motion for a resolution
Recital A c (new)
Ac. Whereas according to the World Bank1, fighting climate change would add up to $2.6tn (€1.9tn) a year to global GDP in the coming decades. Whereas, applying climate-related innovations in the energy and industry sectors would be an advantage for Europe as an early mover in the growing global market for energy- related goods and services, creating jobs, stimulating economic growth, increasing energy independence while mitigating climate change;
2014/08/04
Committee: ITRE
Amendment 5 #

2013/2777(RSP)

Motion for a resolution
Paragraph X a (new)
Xa. Is concerned about global CO2 emissions increase in 2013, according to IEA data, despite falling emissions in Europe and the United States; therefore suggests to consider differentiated responsibilities so that each country contributes to the global efforts in the field of industrial and energy policy; Calls for a better use of technologies such as space satellites, for accurate collection of emissions and temperature data;
2014/08/04
Committee: ITRE
Amendment 6 #

2013/2777(RSP)

Motion for a resolution
Paragraph X b (new)
Xb. Underlines that Europe should further increase the market penetration of its environmentally friendly technologies, including in the fields of ICT, renewable and alternative energies, innovative and efficient fossil fuels technologies and in particular energy efficiency technologies;
2014/08/04
Committee: ITRE
Amendment 7 #

2013/2777(RSP)

Motion for a resolution
Paragraph X c (new)
Xc. Reiterates that internationally coordinated action would help to address the carbon leakage and competitiveness concerns of the relevant sectors and in particular the energy intensive sectors;
2014/08/04
Committee: ITRE
Amendment 9 #

2013/2777(RSP)

Motion for a resolution
Paragraph X d (new)
Xd. Stresses that the development and deployment of sustainable breakthrough technologies hold the key to fighting climate change and, at the same time, to convincing the EU's partners worldwide that emissions reductions are feasible while winning competitiveness and jobs;
2014/08/04
Committee: ITRE
Amendment 10 #

2013/2777(RSP)

Motion for a resolution
Paragraph X e (new)
Xe. Calls for an international commitment to increase research and development (R&D) investment in sustainable breakthrough technologies in the relevant sectors; considers it essential that the EU lead by example by directing expenditure devoted to research on the demonstration of innovative climate- friendly and energy-efficient technologies, and that the EU develop close scientific cooperation in this field with international partners, such as the BRIC countries and the USA;
2014/08/04
Committee: ITRE
Amendment 12 #

2013/2777(RSP)

Motion for a resolution
Paragraph X f (new)
Xf. Welcomes recent signals from the US and China governments regarding climate action and their willingness to play a more significant role in global efforts to address climate change ;
2014/08/04
Committee: ITRE
Amendment 13 #

2013/2777(RSP)

Motion for a resolution
Paragraph X g (new)
Xg. Notes that the prices of different energy sources play a major role in determining the behaviour of market actors, including industry and consumers, and notes that the inability of the current international policy framework to fully internalise external costs perpetuates unsustainable consumption patterns; further reiterates that a global carbon market would be a sound basis to achieve both substantial emission abatements and a level playing field for industry; calls on the EU and its partners to find, in the immediate future, the most effective way of promoting links between the EU ETS and other trading schemes aiming for a global carbon market, ensuring greater diversity of abatement options, improved market size and liquidity, transparency and, ultimately, more efficient allocation of resources for the energy sector and industry;
2014/08/04
Committee: ITRE
Amendment 14 #

2013/2777(RSP)

Motion for a resolution
Paragraph X h (new)
Xh. Calls for closer coordination between the Council, the Commission and the European External Action Service (EEAS) so as to enable the EU to speak with coordinated voice in international organisations such as the IEA, the International Renewable Energy Agency (IRENA), the International Partnership for Energy Efficiency Cooperation (IPEEC) and the International Atomic Energy Agency (IAEA), and thus play a more active and influential role, particularly in pushing for sustainable energy policies and energy safety policies;
2014/08/04
Committee: ITRE
Amendment 15 #

2013/2777(RSP)

Motion for a resolution
Paragraph X i (new)
Xi. Calls for an implementation of the Council Conclusions of May 2013 to phase out environmentally and economically harmful subsidies including subsidies for fossil fuels which according to the IEA accounted for $544 billion worldwide in 2012. It would significantly reduce CO2 emissions and would also help to cut public deficit in many countries; welcomes the Saint Petersburg G-20 intention for a peer-review system on fossil-fuel subsidies phase-out; deplores the lack of advances on concrete measures towards the implementation of this objective;
2014/08/04
Committee: ITRE
Amendment 16 #

2013/2777(RSP)

Motion for a resolution
Paragraph X j (new)
Xj. Regrets that energy savings potential is not adequately tackled internationally and in the EU, underlines that energy savings allow for job creation, economic savings and energy security, competitiveness and emission cuts, iand that they can also contribute to decoupling emissions from economic growth; calls on the EU to pay more attention to energy savings in international negotiations, be it when discussing technology transfer, development plans for developing countries or financial assistance; and highlights that in order to be credible, the EU and its Member States must meet their own targets;
2014/08/04
Committee: ITRE
Amendment 99 #

2009/0010(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point a
(a) projects shall demonstrate that they have the ability to capture at least 85% of CO2 in power generating installations that will have at least 30250 MW electrical output or equivalent and the ability to transport and geologically store this CO2 safely underground;
2009/03/16
Committee: ITRE
Amendment 105 #

2009/0010(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b
(b) the project timetable shall include substantial capital expenditure in 2009 and 2010.
2009/03/16
Committee: ITRE
Amendment 37 #

2008/2239(INI)

Motion for a resolution
Paragraph 1
1. Calls on Member States to regard this strategic energy review as a basis for implementing an Energy Policy for Europe an energy policyd setting an ambitious action plan for 2010 - 2012;
2008/12/18
Committee: ITRE
Amendment 56 #

2008/2239(INI)

Motion for a resolution
Paragraph 3
3. Calls on Member States, in the light of the growing risks which the EU is running in terms of energy security, to speak with a single voice; notes that their current practices are anything but geared to this aspiration; considers it imperative, in the interests both of solidarity and of the effectiveness of negotiations with a view to determining the international regulatory framework, for Member States to draw up a European energy policy in accordance with their competences: international relations, energy efficiency, combating climate change, regulation of the internal market, negotiation of international treaties, forward studies and dialogue with producers, and transit countries, as well as energy research;
2008/12/18
Committee: ITRE
Amendment 84 #

2008/2239(INI)

Motion for a resolution
Paragraph 8
8. Supports the development of gas and electricity interconnections through Central and South-eastern Europe along a north- south axis, recalling that the networks in Northern Europe are inadequate and that these regions are isolated; calls therefore, by way of example, for gas to be supplied to Poland from Eastern Germany;
2008/12/18
Committee: ITRE
Amendment 106 #

2008/2239(INI)

Motion for a resolution
Paragraph 9
9. Expresses its support for the Nabucco project to diversify sources of supply; is concerned, however, about the progress of the project and the risks toinadequate efforts at guaranteeing sources of supply for the gas pipeline;
2008/12/18
Committee: ITRE
Amendment 119 #

2008/2239(INI)

Motion for a resolution
Paragraph 10
10. Calls for optimisation of LNG facilities, particularly for regions of the EU which are isolated in energy terms; considers that new LNG terminals in countries which are major consumers and which are dependent exclusively on gas pipelines, such as Germany, Poland and the Baltic States, should be regarded as projects of European interest;
2008/12/18
Committee: ITRE
Amendment 121 #

2008/2239(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls on the Commission to give its full support for investments in the construction of strategic gas stock facilities, as a important element of European energy security;
2008/12/18
Committee: ITRE
Amendment 132 #

2008/2239(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission and Member States to draw up strategic guidelines intended for lasting application, while leaving it to private industrial undertakings to implement them, striking a balance between market mechanisms and regulation; stresses the importance of finalising the negotiations on the legislative package on the internal energy market and; calls on the Commission and Member States to set up an independent agency for cooperation between energy regulators, with strong powers, including powers relating to security of supplyMember States to foster the implementation of the third energy package once it is adopted, in particular to start cooperating among themselves in order to promote regional and bilateral solidarity for the purpose of safeguarding secure supplies on the internal market in natural gas;
2008/12/18
Committee: ITRE
Amendment 165 #

2008/2239(INI)

Motion for a resolution
Paragraph 14
14. Recalls that, even with the implementation of very ambitious and drastic energy efficiency and energy saving plans, the EU will still be dependent on third countries for supplies of fossil energy; calls therefore for dialogue with producer and transit countries to be stepped up and, more generally, for enhanced international cooperation to increase transparency on world energy markets and tackle the issue of sustainable development;
2008/12/18
Committee: ITRE
Amendment 176 #

2008/2239(INI)

Motion for a resolution
Paragraph 16
16. Advocates an approach geared to conciliation in the dialogue with Russia, which supplies 42% of the EU's gas, as well as 100%nd is a dominant supplier of the gas imported byto Poland, Finland and the Baltic States; notes that relations between the EU and Russia are based on interdependence and that, in the continuation of the negotiations, the EU should refrain from demanding ratification of the Energy Charter, while reminding the Russian authorities of their endorsement of the principles of the Charter; hopes, by way of example, that the Nabucco gas pipeline project will be carried out in cooperation with Russia in order to avoid competition between two gas pipelines and to be able ultimately to transmit gas from Russia, Iran or the Caspian Sea all legal agreements should be founded on transparency, trust and non- discrimination as well as reflect the principles of the Energy Charter which the Russian authorities have endorsed;
2008/12/18
Committee: ITRE
Amendment 189 #

2008/2239(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Recalls the need to diversify the supply of energy resources, both as to the producer countries, as well as routes of transportation and their ownership; hopes, by way of example, that the Nabucco gas pipeline project will be carried out with the aim of fostering the energy security of the European Union by ultimately transmitting gas from the Caspian Sea, North Africa, or Iran once the political situation permits;
2008/12/18
Committee: ITRE
Amendment 197 #

2008/2239(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Stresses the need to include Ukraine in the European arrangements for on- going dialogue with Russia on account of the key role which the former plays as a transit country;
2008/12/18
Committee: ITRE
Amendment 213 #

2008/2239(INI)

Motion for a resolution
Paragraph 22
22. Notes that, because of the high cost of strategic gas stocks, it is preferableWelcomes the Commission’s intention to improve the framework of the Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply1 and calls on Commission to table a proposal for amendment of this Directive before the end of 2009; notes the need to promote transparency of commercial stocks and diversification of connections; proposes, however, that Member States introduce emergency measures, such as strategic stocks of the order of 10% and/or contracts which can be interrupted in the event of a crisis; 1 OJ L 127, 29.4.2004, p. 92.
2008/12/18
Committee: ITRE
Amendment 247 #

2008/2239(INI)

Motion for a resolution
Paragraph 27
27. Considers that renewable energies, such as wind, biogas, solar, hydro, biomass and marine resources, are one of the most important potential sources of energy available to the EU, which can help to stabilise energy prices, and welcomes the initiative to submit a communication on eliminating obstacles to renewable energies;
2008/12/18
Committee: ITRE
Amendment 269 #

2008/2239(INI)

Motion for a resolution
Paragraph 31
31. Recalls that coal remains an important element in the EU's supplies and an alternative to oil and gas; stresses, however, that the major disadvantage of coal lies in its very high rate of carbon dioxide emissions, and thus calls on the Commission to foster the community financing of clean coal technologies;
2008/12/18
Committee: ITRE
Amendment 8 #

2008/2213(INI)

Motion for a resolution
Paragraph 4
4. Encourages the Member States and public research institutions to provide the necessary support services for researchers by simplifying application procedures and facilitating researchers' access to funding; calls, in this respect, for the Member States and the Commission to guarantee uniform researchers' mjobility application forms;
2008/12/15
Committee: ITRE
Amendment 9 #

2008/2213(INI)

Motion for a resolution
Paragraph 5
5. Encourages the Member States and the Commission to allow thereview the necessary conditions for introducing portability of individual research grants when this enables funders to better meet their research needs and researchers to access research facilities not available in their home institutions; the review should, in particular, address the consequences of portability for research institutions in Member States and the threat of the "brain drain" within the EU, and from and to third countries;
2008/12/15
Committee: ITRE
Amendment 23 #

2008/2213(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Urges the Member States and the Commission to review the legal status of PhD students in Member States in order to explore the possibility of introducing uniform PhD student status under Member States' employment legislation;
2008/12/15
Committee: ITRE
Amendment 3 #

2008/2015(INI)

Motion for a resolution
Paragraph 1
1. Stresses that there is an urgent neede importance – following a horizontal approach – tof incorporateing climate change as a new parameter into all spheres and policies, and tof takeing the causes and consequences of global warming into account in European legislation;
2008/10/10
Committee: CLIM
Amendment 25 #

2008/2015(INI)

Motion for a resolution
Paragraph 7
7. Stresses in this context the need to examine the EU’s budget, and existing and future financing instruments, as to their compatibility with European policies, including climate policy, and where necessary to adapt them;
2008/10/10
Committee: CLIM
Amendment 51 #

2008/2015(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission, in the context of the WTO negotiation rounds and the post-2010 process, to pursue coordinated negotiation strategies in the field of trade and environment policy in order to send its negotiating partners a credible message about Europe's climate targets and the instruments developed to achieve them and dispel concerns about trade barriers or other disadvantages to trade relations with third countries that have no binding climate objectives, and to implement the reciprocity principle in the interest of combating climate change at a global level;
2008/10/10
Committee: CLIM
Amendment 105 #

2008/2015(INI)

Motion for a resolution
Paragraph 28
28. Considers that research into the technological feasibility of nuclear fusion in the International Thermonuclear Experimental Reactor (ITER) is the first step towards the objective of commercial utilisation of this form of energy, and stresses that the achievement of this goal is highly dependent on long-term guarantees of EU budget funding for this research and that possibilities for expanding the availablesuch resources in order to speed up the project should be investigated;
2008/10/10
Committee: CLIM
Amendment 180 #

2008/2015(INI)

Motion for a resolution
Paragraph 57
57. Supports the Commission proposals to increase port dues and berthing fees on the basis of vessels’ exhaust levels and to ensure that power for ships in port is supplied from land rather than by the ships' own generators;deleted
2008/10/10
Committee: CLIM
Amendment 184 #

2008/2015(INI)

Motion for a resolution
Paragraph 60
60. Considers that there is a need for an integrated approach in the aviation sector which will commit the aircraft industry, airlines and airport operators jointly to an emission reduction target by 2020, without calling into question the benefits of emissions trading as an instrument for increasing efficiency;
2008/10/10
Committee: CLIM
Amendment 231 #

2008/2015(INI)

Motion for a resolution
Paragraph 75
75. Takes the view that creating next- generation technologies and making possible the necessary increase in scale requires considerable financial support from the EU budget for long-term research and development;
2008/10/10
Committee: CLIM
Amendment 344 #

2008/2015(INI)

Motion for a resolution
Paragraph 132
132. Calls on the Council to tackle the question of unused, earmarked funds from the EU budget, allocating these where necessary for climate policy purposes;deleted
2008/10/10
Committee: CLIM
Amendment 347 #

2008/2015(INI)

Motion for a resolution
Paragraph 133
133. Urges, in its capacity as an arm of the budgetary authority together with the Council, that the highest priority be given to climate change and measures to combat it in the next financial perspective;deleted
2008/10/10
Committee: CLIM
Amendment 394 #

2008/2015(INI)

Motion for a resolution
Recital C
C. whereas the leading role of the European Union in the international fight against global warming, which contributes to its sense of identity, implies an obligation to the citizens of Europe not only to formulate medium- and long-term climate objectives, but to achieve these objectives through forward-looking political measures,deleted
2008/10/13
Committee: CLIM
Amendment 421 #

2008/2015(INI)

Motion for a resolution
Recital O
O. whereas the available funding for adaptation measures in developing countries is quite inadequate and should be substantially increasedincreased within the budget,
2008/10/13
Committee: CLIM
Amendment 475 #

2008/2015(INI)

Motion for a resolution
Recital AZ
AZ. whereas the European Emission Trading Scheme is a uniquen instrument for achieving emissions reductions with maximum efficiency and may act as a modeland a benchmark for similar schemes, though the compatibility of such schemes would have to be guaranteed,
2008/10/13
Committee: CLIM
Amendment 527 #

2008/2015(INI)

Motion for a resolution
Recital CB
CB. whereas the climate policy goals agreed at the 2007 Spring Summit are technically and economically feasible and offer unique business opportunities for thousands of European firms,deleted
2008/10/13
Committee: CLIM
Amendment 530 #

2008/2015(INI)

Motion for a resolution
Recital CE
CE. whereas there is more likely to be a restructuring of jobs within particular industries than between one industry and another,deleted
2008/10/13
Committee: CLIM
Amendment 536 #

2008/2015(INI)

Motion for a resolution
Recital CI
CI. whereas emissions trading alone is not sufficient to find a way out of the CO2 impasse and to spark a widespread revolution in the field of low-CO2 technologies,
2008/10/13
Committee: CLIM
Amendment 538 #

2008/2015(INI)

Motion for a resolution
Recital CK
CK. whereas, although the current EU budget is insufficient to achieveprovides support for the climate objectives, since the politicalthe priority of combating climate change has not been furnished with the necessary budgetary appropriationsshould be suitably funded from the EU budget,
2008/10/13
Committee: CLIM
Amendment 543 #

2008/2015(INI)

Motion for a resolution
Recital CL
CL. whereas in the forthcoming financial framework, budgetary appropriations will be allocated to combat climate change and create a European adaptation policy, in order to ensure that the EU has a sufficient ‘climate change budget’ for the next budgetary period after 2013,deleted
2008/10/13
Committee: CLIM
Amendment 17 #

2008/2005(INI)

Motion for a resolution
Paragraph 2
2. Stresses that the EU must deliver its greenhouse gas reduction and renewable energy targets whilst maintaining a competitive economy; believes that the development and deployment of low-cost, low-carbon energy technologies is needed to reduce the cost of cutting emissions and create new markets for EU industry;
2008/05/08
Committee: ITRE
Amendment 30 #

2008/2005(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Stresses that the capacity of the EU research base needs to be enlarged and that further education and training is essential to provide the quantity and quality of human resources required to take full advantage of the new technology opportunities opening up; believes that an integrated approach across the FP7 Specific Programmes could be beneficial in this regard;
2008/05/08
Committee: ITRE
Amendment 58 #

2008/2005(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls the Member States to integrate the energy efficiency policy as a priority to be considered in the allocation and use of their structural funds;
2008/05/08
Committee: ITRE
Amendment 88 #

2008/2001(INI)

Motion for a resolution
Paragraph 6
6. Welcomes in this respect the outcome, following established scientific advice, of COP 13 and COP/MOP 3 and in particular the Bali Roadmap that, which should be reviewed at COP 14 in 2008 and should lead to an agreement on a comprehensive regime by 2009; welcomes also the task allocated to the Expert Group on Technology Transfer of assessing the gaps and barriers to the use of, and access to, financial resources provided to developing countries in response to their commitment to engage in nationally appropriate mitigation actions in a measurable, reportable and verifiable manner; equally welcomes the creation of the Adaptation Fund and the inclusion of forests in a new climate protection agreement aimed at avoiding further deforestation and carbon emissions caused by forest or peat land fires, which are also causing enormous damage to local communities, including even the expropriation of their own land through illegal or semi-legal procedures;
2008/02/20
Committee: CLIM
Amendment 92 #

2008/2001(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Considers the development of effective, readily available technologies to be of central importance to halting climate change and combating the effects of warming, and therefore points to the need for a worldwide review of best technologies at COP 14 in Poznan;
2008/02/20
Committee: CLIM
Amendment 121 #

2008/2001(INI)

Motion for a resolution
Paragraph 11
11. Asks its Temporary Committee on Climate Change to continue its work and, at the end of its mandate, to present to Parliament a report containing, as appropriate, recommendations as to actions or initiatives, including a review of the EU budget, to be taken on the EU’s future integrated policy on climate change in line with the EU objective of limiting global temperature increases to below 2°C and in accordance with the findings and recommendations of IPCC AR4;
2008/02/20
Committee: CLIM
Amendment 27 #

2008/0229(COD)

Proposal for a directive
Article 4 - paragraph 1
1. Member States shall ensure that the hydrocarbon capture efficiency of a Stage II petrol vapour recovery system is equal to or greater than 8590 %.
2009/03/03
Committee: ENVI
Amendment 285 #

2008/0223(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2 – point d a (new)
da) ICT equipment for monitoring and control purposes.
2009/02/25
Committee: ITRE
Amendment 401 #

2008/0223(COD)

Proposal for a directive
Article 13 – paragraph 1
1. Member States shall lay down the necessary measures to establish a regular inspection of heating systems with boilers fired by non-renewable liquid or solid fuel of an effective rated output of more than 20 kW. The inspection shall include an assessment of the boiler efficiency and the boiler sizing compared to the heating requirements of the building. Member States may suspend these inspections where an electronic monitoring and control system is in place.
2009/02/26
Committee: ITRE
Amendment 406 #

2008/0223(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Member States shall lay down the necessary measures to establish a regular inspection of air-conditioning systems of an effective rated output of more than 12 kW. The inspection shall include an assessment of the air-conditioning efficiency and the sizing compared to the cooling requirements of the building. Member States may suspend these inspections where an electronic monitoring and control system is in place.
2009/02/26
Committee: ITRE
Amendment 26 #

2008/0220(CNS)

Proposal for a directive
Recital 8
(8) The availability of oil stocks and the safeguarding of energy supply are essential elements of public security for Member States and for the Community. The existence of central stockholding entities or services in the Community brings those goals closer. Where oil stocks may be held in any location across the Community and by any central entity or service set up for that purpose, prohibiting their use for commercial purposes is sufficient to allow the various Member States concerned to make optimum use of national law to define the terms of reference for their central stockholding entities and the conditions on which they delegate the holding of stocks to other Member States or other stockholding entities, while easing the financial burden placed on final consumers as a result of such stockholding activities.
2009/02/23
Committee: ITRE
Amendment 41 #

2008/0220(CNS)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Within 3045 days of the end of each calendar year, Member States shall send the Commission a copy of the stock register showing the stocks existing on the last day of the calendar year in question.
2009/02/23
Committee: ITRE
Amendment 42 #

2008/0220(CNS)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 3 a (new)
The Commission shall ensure the confidentiality of the individual data contained in the registers.
2009/02/23
Committee: ITRE
Amendment 49 #

2008/0220(CNS)

Proposal for a directive
Article 8 – paragraph 1 – point b
(b) to one or more other central stockholding entities capable of maintaining such stocks, provided that an agreement is concluded between the Member State concerned and the Member States which will hold the stocks, or
2009/02/23
Committee: ITRE
Amendment 50 #

2008/0220(CNS)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
1. Each Member State may irrevocably undertake to maintain a minimum level of oil stocks, calculated in terms of number of days of consumption, in accordance with the conditions set out in this Article (hereinafter ‘dedicated stocks’).
2009/02/23
Committee: ITRE
Amendment 51 #

2008/0220(CNS)

Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
5. Each Member State that has decided to maintain dedicated stocks shall send the Commission notification, to be published in the Official Journal of the European Union, specifying the level of the dedicated stocks that it has irrevocably undertaken to maintain permanently for each category and the period for which it makes the commitment. There shall be no compulsory minimum level other than the one thus notified, and it shall be applied in the same way for all categories of dedicated stocks used by the Member State.
2009/02/23
Committee: ITRE
Amendment 68 #

2008/0220(CNS)

Proposal for a directive
Article 21 – paragraph 4 – subparagraph 2
If a major supply disruption is deemed to have occurred, the Commission mayshall authorise the release of some or all of the quantities put forward for that purpose by the Member States concerned.
2009/02/23
Committee: ITRE
Amendment 69 #

2008/0220(CNS)

Proposal for a directive
Article 21 – paragraph 4 – subparagraph 2 a (new)
In cases of particular urgency or in order to meet minor local needs, the Member States may use their emergency stocks prior to the meeting of the Coordination Group.
2009/02/23
Committee: ITRE
Amendment 75 #

2008/0211(COD)

Proposal for a directive
Article 8 – paragraph 2
2. Notwithstanding paragraph 1, great apes shall not be used in procedures, subject to the use of the safeguard clause in Article 50.
2009/02/23
Committee: ITRE
Amendment 78 #

2008/0211(COD)

Proposal for a directive
Article 8 – paragraph 2 a (new)
2a. The Commission shall, in consultation with Member States, conduct a review of the use of non-human primates in procedures. The review shall be conducted every two years, commencing two years after the entry into force of this Directive. The review shall consider the impact of developments in technological, scientific and animal welfare knowledge and set targets for the implementation of validated replacement methods.
2009/02/23
Committee: ITRE
Amendment 203 #

2008/0211(COD)

Proposal for a directive
Article 53
53. The Commission shall review this Directive by [10five years after the date of entry into force] taking into account advancement in development of alternative methods not entailing the use of animals, and in particular of non-human primates, and propose any amendments, where appropriate.
2009/02/23
Committee: ITRE
Amendment 205 #

2008/0211(COD)

Proposal for a directive
Article 53 – paragraph 1 a (new)
The Commission shall, in consultation with Member States, conduct a thematic review of the use of animals in procedures. The review shall be conducted every two years commencing two years after the entry into force of this Directive. The review shall consider the impact of developments in technological, scientific and animal welfare knowledge and set targets for the implementation of validated replacement methods.
2009/02/23
Committee: ITRE
Amendment 35 #

2008/0187(COD)

Proposal for a regulation – amending act
Recital 25 a (new)
(25a) The wholesale price limit for regulated roaming SMS and the maximum retail prices for regulated roaming SMS messages should be reduced to reflect the continuing declines in domestic mobile prices generally as well as the continuing decreases in the underlying costs of providing regulated roaming SMS message services. In this way, the continuity in the effects of the Regulation is maintained, as it the case for regulated roaming voice calls.
2009/02/02
Committee: ITRE
Amendment 40 #

2008/0187(COD)

Proposal for a regulation – amending act
Recital 32
(32) The high level of retail prices for data roaming services remains a concern and indicates that competition in these services is still not sufficient. However, unlike the case for voice and SMS roaming services, competitive constraints exist at retail level, as roaming customers have alternative means of accessing data services when abroad, such as public wireless access to the internet, without associated numbering constraints. It would therefore be premature at this stage to regulate prices at theIn this connection, the most effective and proportionate approach to the question of retail prices for regulated data roaming services is to require mobile operators to offer roaming customers a Euro-data tariff which does not exceed a maximum price limit. The Euro-data tariff should be set at a level which guarantees a sufficient margin to operators while also reasonably reflecting the underlying retail levelcosts.
2009/02/02
Committee: ITRE
Amendment 42 #

2008/0187(COD)

Proposal for a regulation – amending act
Recital 32 a (new)
(32a) A Euro-data tariff should automatically apply to any roaming customer, new or existing, who has not deliberately chosen or does not deliberately choose a special data roaming tariff or a package for roaming services including regulated data roaming services.
2009/02/02
Committee: ITRE
Amendment 48 #

2008/0187(COD)

Proposal for a regulation – amending act
Recital 37 a (new)
(37a) With a view to ensuring maximum benefits for consumers, enhancing competition and improving the operation of the internal market, the maximum level of the Euro-data tariff and the wholesale price limit for data roaming services should be further reduced.
2009/02/02
Committee: ITRE
Amendment 62 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 3 – point g a (new)
Regulation (EC) No 717/2007
Article 2 – paragraph 2 – point k a (new)
(ga) The following point (ka) shall be added: (ka) 'Euro-data tariff' means any tariff not exceeding the maximum charge, provided for in Article 6b, which a home provider may levy for the provision of regulated data roaming services in compliance with that Article.
2009/02/02
Committee: ITRE
Amendment 90 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 6
Regulation (EC) No 717/2007
Article 4 a – paragraph 1
1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0.04 per SMS message. That average wholesale charge shall be reduced to EUR 0.03 with effect from 1 July 2010.
2009/02/02
Committee: ITRE
Amendment 96 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 7
Regulation (EC) No 717/2007
Article 4 b – paragraph 2
2. With effect from 1 July 2009, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0.11. The maximum retail charge for a regulated roaming SMS message shall be reduced to EUR 0.10, EUR 0.09 and EUR 0.08 with effect from 1 July 2010, 1 July 2011 and 1 July 2012 respectively.
2009/02/02
Committee: ITRE
Amendment 102 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 10
Regulation (EC) No 717/2007
Article 6 – paragraph 3 –subparagraph 1
3. Home providers shall provide all users with full information on applicable roaming charges, in particular on the Eurotariff, the Euro-SMS tariff and the Euro-SMSdata tariff, when subscriptions are taken out. They shall also provide their roaming customers with updates on applicable roaming charges without undue delay each time there is a change in these charges.
2009/02/02
Committee: ITRE
Amendment 163 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 – point a
(a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 1.00 per megabyte of data transmitted; this average wholesale charge shall decrease to EUR 0,80, EUR 0,65 and EUR 0,50 on 1 July 2010, 1 July 2011 and 1 July 2012 respectively;
2009/02/02
Committee: ITRE
Amendment 169 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 a (new)
4a. With effect from 1 July 2009, home operators shall apply Euro-data tariffs to all existing roaming customers automatically, with the exception of such roaming customers who have already made a deliberate choice of a specific roaming tariff or package by virtue of which they benefit from a different tariff for data roaming services than they would have been accorded in the absence of such a choice.
2009/02/02
Committee: ITRE
Amendment 171 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 b (new)
4b. With effect from 1 July 2009, home operators shall apply Euro-data tariffs to all new roaming customers, with the exception of such roaming customers who have already made a deliberate choice of a specific roaming tariff or package by virtue of which they benefit from a different tariff for data roaming services than they would have been accorded in the absence of such a choice.
2009/02/02
Committee: ITRE
Amendment 172 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 c (new)
4c. Any roaming customer may request to switch to or from a Euro-data tariff at any time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding three months. A Euro-data tariff may always be combined with a Eurotariff and/or Euro- SMS tariff.
2009/02/02
Committee: ITRE
Amendment 173 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 d (new)
4d. Not later than 1 June 2009, home providers shall inform all their roaming customers individually about the Euro- data tariff, about the fact that it will apply from 1 July 2009 at the latest to all roaming customers who have not made a deliberate choice of a special tariff or package applicable to regulated data roaming services, and about their right to switch to and from it in accordance with paragraph 5.
2009/02/02
Committee: ITRE
Amendment 174 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 11 a (new)
Regulation (EC) No 717/2007
Article 6b (new)
(11a) The following Article 6b shall be inserted: "Article 6b Retail charges for regulated data roaming 1. Home providers shall make available to all their roaming customers, clearly and transparently, a Euro-data tariff as provided for in Article 2. The Euro-data tariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff, subject to the other provisions of this Article. 2. With effect from 1 July 2009, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for a regulated data roaming service shall not exceed EUR 2 per megabyte of data transmitted. That maximum retail charge for regulated data roaming shall be reduced to EUR 1.70, EUR 1.35 and EUR 1.00 with effect from 1 July 2010, 1 July 2011 and 1 July 2012 respectively. 3. For the purposes of calculating the retail charge referred to in paragraph 2, a home provider may apply a tariff unit where the maximum volume of data transmitted on which the charge is levied does not exceed 100 kilobytes."
2009/02/02
Committee: ITRE
Amendment 42 #

2008/0180(CNS)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3a. Animals shall be subject to protection during the period prior to and after giving birth.
2008/12/11
Committee: ENVI
Amendment 48 #

2008/0180(CNS)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 a (new)
Operators shall film the location where slaughter is performed and shall keep the video recordings for 7 to 14 days.
2008/12/11
Committee: ENVI
Amendment 20 #

2008/0045(COD)

Proposal for a directive – amending act
Article 2 – point 1 a (new)
Directive 2001/83/EC
Article 23 c (new)
(1a) The following Article 23c is inserted: “Article 23c The appropriate arrangements adopted by the Commission must take the following considerations into account: – For practical reasons of efficiency, the possibility should be extended to all the categories of change of submitting a single application for one or more identical changes made to the terms of a number of marketing authorisations; – In the framework of extensions of marketing authorisations, the possibility should be provided, on the basis of arguments in justification, of submitting a complete, separate application for authorisation for a medicinal product that has already been authorised under another name and with a different product characteristic summary. Nevertheless, this application will be regarded as belonging to the same global marketing authorisation defined in Article 6(1).”
2008/07/18
Committee: ENVI
Amendment 248 #

2008/0016(COD)

Proposal for a directive
Recital 29 a (new)
(29a) There is a need for a strong support for renewable energy utility grid integration as well as for the use of intermittent energy storage systems (such as batteries) for “integrated” renewable energy production.
2008/06/18
Committee: ITRE
Amendment 386 #

2008/0016(COD)

Proposal for a directive
Article 3 – Title
Targets for the use of energy from Targets and measures for the use of energy renewable sources from renewable sources
2008/06/23
Committee: ITRE
Amendment 394 #

2008/0016(COD)

Proposal for a directive
Article 3 – paragraph 2 a (new)
2a. In the absence of an EU-wide support scheme and in order to guarantee that national support schemes are able to pursue the purposes of this Directive effectively, it must be left to each Member State to decide if and to what extent it grants energy from renewable sources which is produced in another Member State the right to benefit from its national support scheme and to decide if and to what extent it grants energy from renewable sources which is produced on its territory the right to benefit from the national support scheme of a different Member State.
2008/06/23
Committee: ITRE
Amendment 485 #

2008/0016(COD)

Proposal for a directive
Article 6
1. Member States shall ensure, for the purposes of disclosure, that the origin of electricity produced from renewable energy sources, and of heating or cooling produced from renewable energy sources in plants with a capacity of at least 5 MWth, can be guaranteed as such within the meaning of this Directive according to objective, transparent and non- discriminatory criteria laid down by each Member State. To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of renewable energy. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each MWhunit of energy produced. 2. Guarantees of origin shall be issued, transferred and cancelled electronically. They shall bMember States may designate one or more competent bodies, independent of generation, trade, supply, and distribution activities, to supervise the issue of such guarantees of origin. 2. Member States or the competent body(ies) shall put in place appropriate mechanisms to ensure that guarantees of origin are accurate, reliable and fraud- resistant. A guarantee of origin shall specify, at least: (a) the energy source from which the energy was produced and the starting and ending dates of its production; (b) whether the guarantee of origin relates to – (i) electricity; or – (ii) heating and/or cooling; (c) the identity, location, type and capacity of the installation where the energy was produced, and the date of the installation’s becoming operational; (d) the date and country of issue and a unique identification number; (e) the amount and type of any investment aid that has been given for the installation. A guarantee of origin shall serve to enable producers of electricity from renewable energy sources to demonstrate that the electricity they sell is produced from renewable energy sources within the meaning of this Directive. 3. Member States shall recognise guarantees of origin issued by other Member States in accordance with this Directive. Any refusal by a, exclusively as proof of the elements referred to in paragraph 2. A Member State may refuse to recognise a guarantee of origin shall be based on objective, transparent and non- discriminatory criteriaonly when it has well- founded doubts about its accuracy, reliability or veracity. The Member State shall share its information relating to these doubts with the Commission. Inf the event ofCommission finds that a refusal to recognise a guarantee of origin is misplaced, the Commission may adopt a Ddecision requiring the Member State in question to recognise it. 4. Member Statesthe guarantee of origin. If, however, the Commission finds the refusal of a guarantee of origin to be well-founded, other Member States may refuse to recognise similar guarantees of origin from the issuing Member State until the grounds for doubts on the accuracy, reliability or veracity are addressed adequately. 4. Member States or the competent bodie(s) shall ensure that all guarantees of origin to be issued in respect of renewable energy generated in a given calendar year are issued, at the latest, three months after the end of that year.
2008/06/24
Committee: ITRE
Amendment 521 #

2008/0016(COD)

Proposal for a directive
Article 7
Competent bodies and regisStatistical transfers between Member guarantees of origin Staters of 1. Each1. Member State shall designate a single competent body to undertake the following tasks: (a) establish and maintain a national register of guarantees of origin; (b) issue guarantees of origin; (c) record any transfer of guarantees of origin;s may make arrangements for the statistical transfer of a specified amount of energy from renewable sources to be transferred from one Member State to another Member State. The transferred quantity is to be: (da) cancel guarantees of origin; (e) publish an annual report on the quantities of guarantees of origin issued, transferred to or from each of the other competent bodies and cancelled. 2. The competent body shall not carry out any energy generation, trade, supply or distribution activities. 3. The national register of guarantees of origin shall record the guarantees of origin held by each person. A guarantee of origin shall only be held in one register at one timededucted from the amount of energy from renewable sources that is taken into account in measuring compliance by the Member State with the requirements of Article 3 concerning national targets; and (b) added to the amount of energy from renewable sources that is taken into account in measuring compliance by another Member State with the requirements of Article 3 concerning national targets. 2. Arrangements under paragraph 1 may have effect for one or more years but must be notified to the Commission no later than 3 months after the end of the first year in which they take effect.
2008/06/24
Committee: ITRE
Amendment 538 #

2008/0016(COD)

Proposal for a directive
Article 8
Submission of guarantees of origin for cancellation 1. A guarantee of origin, corresponding toJoint projects between Member States 1. Two or more Member States may undertake joint projects. 2. Member States shall notify the Commission of the amounit of energy in question, shall be submitted for cancellation to a competent body designated in accordance with Article 7 when: (a) the production of a unit of electricity from renewable energy sources, or the production of a unit of heating or cooling from renewable energy sources in a plant with a capacity of at least 5 MWth, produced by any installations in their territory, or in a third country in accordance with Article 5(9), which became operational after the date of entry into force of this Direcetives support in the form of feed-in tariff payments, premium payments, tax reductions or payments resulting from calls for tenders, in which case the guarantee shall be submitted to the competent body designated by the Member State that established the system of support; (b) a or which were refurbished because of an increase in capacity, and constructed as a result of a joint project under paragraph 1. The amounit of electricity produced from renewable energy sources, or a unit of heating or cooling produced from renewable energy sources in a plant with a capacity of at least 5 MWth, is taken into account for the purposes of assessing an entity’s compliance with a renewable energy obligation, in which case the guarantee of origin shall be submitted to the competent body designated by the Member State that established the obligation; or (c) an energy supplier or energy consumer chooses to use a guarantee of origin fnergy notified shall be regarded as contributing to the national target of another Member State for the purposes of measuring compliance with Article 3. 3. The Member States’ notification shall: (a) describe the proposed installation or identify the refurbished installation; (b) specify the proportion or amount of electricity or the purpose of proving the share or quantity of renewable energy in its energy mix, without claiming the benefits of a support scheme in accordance with points (a) and (b); in this case, the guarantee of origin shall be submitted to the competent body designated by the Member State ating or cooling produced from the installation which is to be regarded as contributing to the national targets of another Member State; (c) identify the Member State in whose favour the notification is being made; (d) specify the period during which the energy described by the energy mix in question is consumed. 2. Where an operator has submitted one or more guarantees of origin to a competent body in accordance with paragraphs 1(a) or (b), the operator shall: (a) request guarantees of origin, in accordance with Article 6(1), for all future production of renewable energy sources from the same installation; (b) submit these guarantees of origin for cancellation to the same competent body. 3. Guarantees of origin shall not be submitted to a competent body for cancellation more than 1 year after their date of issue. produced is to be regarded as contributing to the national target of the other Member State. 4. The period specified in paragraph 3(d) shall be expressed in whole calendar years and may extend beyond 2020. 5. A notification made under this Article shall not be varied or withdrawn without the agreement of the Member State making the notification and the Member State identified in accordance with paragraph 3(c).
2008/06/26
Committee: ITRE
Amendment 576 #

2008/0016(COD)

Proposal for a directive
Article 9
Transfer of guarantees of origin 1. Member States whose share of energy from renewable sources equalleEffects of joint projects between Member States 1. Within 3 months of the end orf exceeded the indicative trajectory in Part B of Annex I in the immediately precedach year falling withing two-yearhe period may request the competent bodies designated in accordance with Article 7 to transfer the guarantees of origin submitted for cancellation under Article 8(1) to another Member State. Such guarantees of origin shall immediately be cancelled by the competent body in the receiving Member State. 2. Member States may provide for a system of prior authorisation for the transfer of guarantees of origin to or from persons in other Member States if, in the absence of such a system, the transfer of guarantees of origin to or from the Member State concerned is likely to impair their ability to ensure a secure and balanced energy supply or is likely to undermine the achievement of the environmental objectives underlying their support scheme. Member States may provide for a system of prior authorisation for the transfer of guarantees of origin to persons in otspecified in Article 8(3)(d), the Member State having made the notification under Article 8 shall issue a letter of notification stating: (a) the total amount of electricity or heating or cooling produced during the year from renewable energy sources by the installation which was the subject of the notification under Article 8; and (b) the amount of electricity or heating or cooling produced during the year from renewable energy sources by that installation which is to contribute to the national targets of another Member State in accordance with the terms of the notification. 2. Ther Member States if in the absence of such a system, the transfer of guarantees of origin is likely to impair their ability to comply with Article 3(1) or to ensure that the share of energy from renewable sources equals or exceeds the indicative trajectory in Part B of Annex I. The system of prior authorisation shall not constitute a means of arbitrary discrimination. 3. Subject to the provisions adopted pursuant to paragraph 2, guarantees of origin may be transferred between persons in different Member States provided they have been issued in relation to energy produced from renewable sources by installations that became operational after the date of entry into force of this Directive. Such transfer may accompany the transfer of the energy to which the guarantee of origin relates, or may be separate from any such transfer. 4. Member States shall notify the Commission of any sys shall send the letter of notification to the Member State in whose favour the notification was made, and to the Commission. 3. For the purposes of measuring compliance with the requirements of this Directive concerning national targets, the amount of electricity or heating or cooling from renewable energy sources notified in accordance with paragraph 1(b) shall be: (a) deducted from the amount of energy from renewable sources that is taken into account, in measuring compliance by the Member State issuing the lettemr of prior authorisation they intend to have in force pursuant tonotification under paragraph 2,1; and any subsequent changes thereto. The Commission shall publish that information. 5. By 31 December 2014 at the latest, depending on data availability, the Commission shall assess the implementation of the provisions of this Directive for the transfer of guarantees of origin between Member States and the costs and benefits of this. It shall,(b) added to the amount of energy from renewable sources that is taken into account, in measuring compliance by the Member State receiving the letter of notification ifn appropriate, submccordance with proposals to the European Parliament and to the Councilaragraph 2.
2008/06/26
Committee: ITRE
Amendment 616 #

2008/0016(COD)

Proposal for a directive
Article 10
When a competent body cancels aEffects of the cancellation of the Joint target compliance guarantees of origin that it did not itself issue, an equivalent quantity of energy from renewable sources shall, for the purposes of measuring compliance with the requirements of this Directive concerning national targets: (a) be deducted from the quantity of energy from renewable sources that is taken into account, in relation to the year of production of the energy specified in the guarantee of origin, in measuring compliance by the Member State of the competent body that issued the guarantee of origin; and (b) be added to the quantity of energy from renewable sources that is taken into account, in relation to the year of producTwo or more Member States may agree to combine their targets and establish joint support schemes in order to achieve them jointly. If two or more Member States decide, on voluntary basis, to pursue their targets according to Article 3 jointly, the targets will be calculated jointly for the group of Member States involved as an average of their individual interim and overall minimum targets under Part A and Part B of Annex I, which is weighted with the expected final consumption of the energy specified in the guarantee of origin, in measuring compliance by the Member State of the competent body that cancelled the guarantee of originin each of the Member States involved in the years until 2020.
2008/06/26
Committee: ITRE
Amendment 741 #

2008/0016(COD)

Proposal for a directive
Article 14 – paragraph 1 a (new)
1a. When considering capacity sizing and adjustment, the development and use of intermediate storage technologies for peak-power shaving should be considered. The development of such technologies should be supported by a dedicated European Advanced Energy Storage Technology Plan.
2008/07/01
Committee: ITRE
Amendment 968 #

2008/0016(COD)

Proposal for a directive
Article 18 – paragraph 4 a (new)
4a. When considering the use of bio-fuels for transportation, the use of hybrid propulsion technologies should be promoted whereby the complementary production of energy by an internal combustion engine technology and by an electric motor powered by a rechargeable battery contributes significantly to a reduction of the fuel consumption during transportation.
2008/07/02
Committee: ITRE
Amendment 31 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 13 a (new)
(13a) Beside a legislative framework for the storage site, incentives for further development of the technology, support of the installation of demonstration plants, as well as a legal framework created by the Member States for ensuring transport are necessary as quickly as possible in order to successfully advance the use of CCS technologies.
2008/06/19
Committee: ITRE
Amendment 37 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 16
(16) Member States should determine in which cases exploration is required to generate the information necessary for the site selection. Such exploration should be made subject to a permit requirement. Member States should ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published criteria. In order to protect and encourage exploration investments, exploration permits should be granted for a limited volume area and for a limited timeperiod which is necessary to carry out the activities, during which time the holder of the permit should have the sole right to explore the potential CO2 storage complex. Member States should ensure that no conflicting uses of the complex are permitted during this time. If no activities are carried out, the Member States should ensure that the exploration permit is withdrawn and can be granted to other entities.
2008/06/19
Committee: ITRE
Amendment 39 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 17
(17) Storage sites should not be operated without a storage permit. The storage permit should be the core instrument to ensure that the substantial requirements of the Directive are met and that geological storage hence takes place in an environmentally safe way. The explorations carried out, and the therefore necessary investments made, justify anticipation by the holder of the exploration permit that they will be the holder of the storage permit.
2008/06/19
Committee: ITRE
Amendment 41 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 18
(18) All draft storage permits should be submitted to the Commission in order for it to be able to issue an opinion on the draft permits within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the permit and should justify any departure from the Commission's opinion. The review at Community level should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the DirectiveThe Member States should have the opportunity to submit the draft storage permit to the Commission for verification.
2008/06/19
Committee: ITRE
Amendment 50 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 26
(26) The responsibility for the storage site, including all ensuing legal obligations, should be transferred to the competent authority, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future. To this end, the operator should prepare a report documenting that the criterion has been fulfilled and submit it to the competent authority for approval of the transfer. All draft approval decisions should be submitted to the Commission in order for it to be able to issue an opinion on the draft approval decisions within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the approval and should justify any departure from the Commission’s opinion. As the review of draft storage permits at Community level, the review of draft approval decisions should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the Directive.
2008/06/19
Committee: ITRE
Amendment 54 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 28
(28) Financial provision should be made provided in order to raise confidence that closure and post-closure obligations, obligations arising from inclusion under Directive 2003/87/EC, and obligations under this Directive to take corrective measures in case of significant irregularities or leakages, can be met. Member States should ensure that financial provisions, by way of financial security or any other equivalent, are made by the applicant prior to the submission of the permit applicationuse of the storage.
2008/06/19
Committee: ITRE
Amendment 71 #

2008/0015(COD)

Proposal for a directive – amending act
Article 3 – point 3
(3) 'storage site' means a specific part of a geological formation usedthat is adequate for the geological storage of CO2;
2008/06/19
Committee: ITRE
Amendment 73 #

2008/0015(COD)

Proposal for a directive – amending act
Article 3 – point 5
(5) 'leakage' means significanyt release of CO2 from the storage complex;
2008/06/19
Committee: ITRE
Amendment 83 #

2008/0015(COD)

Proposal for a directive – amending act
Article 3 – point 20 a (new)
(20a) "hydraulic unit" means a hydraulically connected pore space where pressure communication can be measured by technical means.
2008/06/19
Committee: ITRE
Amendment 86 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 7 a (new)
(7a) The CO2 capture, transport and storage components have all separately been the subject of pilot projects, but they have yet to be incorporated into a complete CCS process, and the costs of the technology still have to be reduced. The largest CO2 storage projects in which European undertakings are involved are the Sleipner project in the North Sea (Statoil) and the In Salah project in Algeria (Statoil, PB and Sonatrach). Other current pilot projects are the Vattenfall project in Schwarze Pumpe in Germany/the Land of Brandenburg and the CCS project being carried out by Total in the Lacq area in France.
2008/07/18
Committee: ENVI
Amendment 88 #

2008/0015(COD)

Proposal for a directive – amending act
Article 5 – paragraph 3
3. Exploration permits shall be granted for a limited volume area and for a maximum of two years, renewable once for a maximum ofa period which is necessary to carry out the activities for which the exploration permit is granted. The exploration permit can be prolonged. Before guaranteeing exploration permits, the Member States will make arrangements in order two yearensure that the permit is not illegally used to prevent investments.
2008/06/19
Committee: ITRE
Amendment 91 #

2008/0015(COD)

Proposal for a directive – amending act
Article 5 – paragraph 4
4. The holder of an exploration permit shall have the sole right to explore the potential CO2 storage complex. Member States shall ensure that no conflicting uses of the complex are permitted during the period of validity of the permit. After this period, the CO2 storage exploration permit shall either be converted into a CO2 storage permit or shall be relinquished for the total area covered.
2008/06/19
Committee: ITRE
Amendment 95 #

2008/0015(COD)

Proposal for a directive – amending act
Article 6 – paragraph 2 a (new)
2a. The holder of a storage permit has the sole right to store CO2 in the storage site. Member States shall ensure that no conflicting uses of the storage site are permitted during the period of the validity of the storage permit.
2008/06/19
Committee: ITRE
Amendment 101 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 16
(16) Member States should determine in which cases exploration is required to generate the information necessary for the site selection. Such exploration should be made subject to a permit requirement. Member States should ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published criteria. In order to protect and encourage exploration investments, exploration permits should be granted for a limited volume area and for a limited timethe period which is necessary to carry out the activities, during which time the holder of the permit should have the sole right to explore the potential CO2 storage complex. Member States should ensure that no conflicting uses of the complex are permitted during this time. In the event that no activities are carried out, the Member States have to ensure that the exploration permit is withdrawn and can be granted to other entities.
2008/07/18
Committee: ENVI
Amendment 101 #

2008/0015(COD)

Proposal for a directive – amending act
Article 8 – paragraph 1 – point b
(b) the management of the storage site will be in the hands of a natural or legal person who is technically competent and reliable to manage the site; professional and technical development and training of this person and all staff are provided;
2008/06/19
Committee: ITRE
Amendment 102 #

2008/0015(COD)

Proposal for a directive – amending act
Article 8 – point 1 – point b a (new)
(ba) no other storage permits have been issued within the hydraulic unit;
2008/06/19
Committee: ITRE
Amendment 104 #

2008/0015(COD)

Proposal for a directive – amending act
Article 8 – point 2
(2) the Commission hasmay issued, on request of the Member States, its opinion on the draft permit pursuant to Article 10(12);
2008/06/19
Committee: ITRE
Amendment 105 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 17
(17) Storage sites should not be operated without a storage permit. The storage permit should be the core instrument to ensure that the substantial requirements of the Directive are met and that geological storage hence takes place in an environmentally safe way. The explorations carried out and the necessary investments made therefore justify anticipation by the holder of the exploration permit that they will be the holder of the storage permit.
2008/07/18
Committee: ENVI
Amendment 106 #

2008/0015(COD)

Proposal for a directive – amending act
Article 8 – point 3
(3) the competent authority has considered this opinion pursuant to Article 10(2).deleted
2008/06/19
Committee: ITRE
Amendment 107 #

2008/0015(COD)

Proposal for a directive – amending act
Article 9 – point 2
(2) precise location and delimitation of the storage site and, the storage complex and the hydraulic unit;
2008/06/19
Committee: ITRE
Amendment 109 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 18
(18) All draft storage permits should be submitted to the Commission in order for it to be able to issue an opinion on the draft permits within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the permit and should justify any departure from the Commission's opinion. The review at Community level should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the DirectiveMember States should have the opportunity to submit the draft storage permit to the Commission for verification.
2008/07/18
Committee: ENVI
Amendment 109 #

2008/0015(COD)

Proposal for a directive – amending act
Article 10 – Title
ComTransmission review of draft storage permitof storage permit and storage rejections
2008/06/19
Committee: ITRE
Amendment 110 #

2008/0015(COD)

Proposal for a directive – amending act
Article 10 – paragraph 1
1. Member States shall inform the Commission of all draft storage permits, the permit applications and any other material taken into consideration by the competent authority when adopting its draft decision. Within six months of their submission to the Commission, the Commission may issue an opinion on the draftabout granted CO2 storage permits or rejected applications for storage permits.
2008/06/19
Committee: ITRE
Amendment 112 #

2008/0015(COD)

Proposal for a directive – amending act
Article 10 – paragraph 2
2. The competent authority shall notify the final decision to the Commission, stating the reasons if it deviates fromMember States may inform the Commission of all draft storage permits, permit applications and any other material taken into consideration by the Ccommission petent authority when adopting its draft decision.
2008/06/19
Committee: ITRE
Amendment 118 #

2008/0015(COD)

Proposal for a directive – amending act
Article 11 – paragraph 3 – point d
(d) without prejudice to points (a) to (c), every five years.deleted
2008/06/19
Committee: ITRE
Amendment 121 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 26
(26) The responsibility for the storage site, including all ensuing legal obligations, should be transferred to the competent authority, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future. To this end, the operator should prepare a report documenting that the criterion has been fulfilled and submit it to the competent authority for approval of the transfer. All draft approval decisions should be submitted to the Commission in order for it to be able to issue an opinion on the draft approval decisions within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the approval and should justify any departure from the Commission’s opinion. As the review of draft storage permits at Community level, the review of draft approval decisions should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the Directive.
2008/07/18
Committee: ENVI
Amendment 123 #

2008/0015(COD)

Proposal for a directive – amending act
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process and substances necessary for transportation due to safety reasons. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislation.
2008/06/19
Committee: ITRE
Amendment 127 #

2008/0015(COD)

Proposal for a directive – amending act
Recital 28
(28) Financial provision should be made provided in order to raise confidence that closure and post-closure obligations, obligations arising from inclusion under Directive 2003/87/EC, and obligations under this Directive to take corrective measures in case of significant irregularities or leakages, can be met. Member States should ensure that financial provisions, by way of financial security or any other equivalent, are made by the applicant prior to the submission of the permit applicationuse of the storage.
2008/07/18
Committee: ENVI
Amendment 132 #

2008/0015(COD)

Proposal for a directive – amending act
Article 18 – paragraph 2
2. Member States shall inform the Commission of all draft decisions of approval prepared by the competent authority pursuant to paragraph 1, including the reports submitted by the operator and any other material taken into consideration by the competent authority when arriving at its conclusion. Within six months of their submission to the Commission, the Commission may issue an opinion on the draft decisions of approval.deleted
2008/06/19
Committee: ITRE
Amendment 135 #

2008/0015(COD)

Proposal for a directive – amending act
Article 18 – paragraph 3
3. The competent authority shall notify the final decision to the Commission, stating the reasons if it deviates from the Commission opinion.deleted
2008/06/19
Committee: ITRE
Amendment 141 #

2008/0015(COD)

Proposal for a directive – amending act
Article 19 – paragraph 1
1. Member States shall ensure that adequate provisions, by way of financial security or any other equivalent, on the basis of modalities to be decided by the Member States, are made by the applicant prior to the submission of the application forafter the granting of a storage permit to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post- closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be met.
2008/06/19
Committee: ITRE
Amendment 146 #

2008/0015(COD)

Proposal for a directive – amending act
Article 23
In cases of transboundary transport of CO2, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall meet the requirements of this Directive and of other relevant Community legislation jointly. For transboundry storage sites, the national authority responsible for granting permits is the one from the Member State on whose territory the largest part of the storage site is presumed to be located.
2008/06/19
Committee: ITRE
Amendment 153 #

2008/0015(COD)

Proposal for a directive – amending act
Annex I – paragraph 1
The characterisation and assessment of storage sites referred to in Article 4 shall be carried out in four steps according to the following criteria and on the basis of the best available technique. Derogations from one or more of these criteria are permitted so long as the capacity of the characterisation and assessment to enable the determinations pursuant to Article 4 is not affected.
2008/06/19
Committee: ITRE
Amendment 154 #

2008/0015(COD)

Proposal for a directive – amending act
Annex I – step 1 – point h
(h) Domains surrounding the storage complex that may be affected by the storage of CO2 in the storage site, as well as the delimitation of the hydraulic unit;
2008/06/19
Committee: ITRE
Amendment 165 #

2008/0015(COD)

Proposal for a directive – amending act
Article 3 - point 3
(3) 'storage site' means a specific part of a geological formation usedthat is adequate for the geological storage of CO2;
2008/07/18
Committee: ENVI
Amendment 170 #

2008/0015(COD)

Proposal for a directive – amending act
Article 3 - point 5
(5) 'leakage' means the not insignificanyt release of CO2 from the storage complex;
2008/07/18
Committee: ENVI
Amendment 199 #

2008/0015(COD)

Proposal for a directive – amending act
Article 3 - point 20 a (new)
(20a) ‘capture ready plant ’ means a combustion plant [with a capacity of 300 megawatts (thermal) or more] which has suitable space on the installation site for the equipment necessary to capture and compress CO2 and where the availability of suitable storage sites and suitable transport facilities has been properly assessed.
2008/07/18
Committee: ENVI
Amendment 200 #

2008/0015(COD)

Proposal for a directive – amending act
Article 3 - point 20 a (new)
(20a) 'hydraulic unit' means a hydraulically connected pore space where pressure communication can be measured by technical means.
2008/07/18
Committee: ENVI
Amendment 212 #

2008/0015(COD)

Proposal for a directive – amending act
Article 4 - paragraph 2
2. A geological formation shall only be selected as a storage site, if under the proposed conditions of use there is no significant risk of leakage, and if no significant negative environmental or health impacts are likely to occur. is anticipated that could have a significant negative impact on human health or the environment
2008/07/24
Committee: ENVI
Amendment 219 #

2008/0015(COD)

Proposal for a directive – amending act
Article 4 – paragraph 3
3. The suitability of a geological formation for use as a storage site shall be determined through a characterisation and assessment of the potential storage complex and surrounding area pursuant to the criteria specified in Annex I and by following best practice and guidelines that shall be developed by the Commission.
2008/07/24
Committee: ENVI
Amendment 229 #

2008/0015(COD)

Proposal for a directive – amending act
Article 5 – paragraph 3
3. Exploration permits shall be granted for a limited volume area and for a maximum of two years, renewable once for a maximum of two yearthe period needed to carry out the activities for which the exploration permit is granted. The exploration permit may be prolonged. Before granting exploration permits, Member States shall make arrangements to ensure that the permit is not illegally used to prevent investments.
2008/07/24
Committee: ENVI
Amendment 235 #

2008/0015(COD)

Proposal for a directive – amending act
Article 5 – paragraph 4
4. The holder of an exploration permit shall have the sole right to explore the potential CO2 storage complex. Member States shall ensure that no conflictingthe uses of the complex are permitted during the period of validity of the permit does not adversely affect the authorised use of the area for the purpose of exploring, producing, developing, or storing hydrocarbons, coal, or other mineral resources.
2008/07/24
Committee: ENVI
Amendment 236 #

2008/0015(COD)

Proposal for a directive – amending act
Article 5 – paragraph 4
4. The holder of an exploration permit shall have the sole right to explore the potential CO2 storage complex. Member States shall ensure that no conflicting uses of the complex are permitted during the period of validity of the permit. After this period, the CO2 storage exploration permit shall either be converted into a CO2 storage permit or else be relinquished for the total area covered.
2008/07/24
Committee: ENVI
Amendment 247 #

2008/0015(COD)

Proposal for a directive – amending act
Article 6 – paragraph 2 a (new)
2a. The holder of a storage permit shall have the sole right to store CO2 in the storage site. Member States shall ensure that no conflicting uses of the storage site are permitted during the validity of the storage permit.
2008/07/24
Committee: ENVI
Amendment 269 #

2008/0015(COD)

Proposal for a directive – amending act
Article 8 – point 2
(2) the Commission has issued its opinion on the draft permit pursuant to Article 10(1);deleted
2008/07/24
Committee: ENVI
Amendment 270 #

2008/0015(COD)

Proposal for a directive – amending act
Article 8 – point 2
(2) the Commission hasmay issued, on request of the Member States, its opinion on the draft permit pursuant to Article 10(12);
2008/07/24
Committee: ENVI
Amendment 273 #

2008/0015(COD)

Proposal for a directive – amending act
Article 8 – point 3
(3) the competent authority has considered this opinion pursuant to Article 10(2).deleted
2008/07/24
Committee: ENVI
Amendment 274 #

2008/0015(COD)

Proposal for a directive – amending act
Article 8 – point 3
(3) the competent authority has considered this opinion pursuant to Article 10(2).deleted
2008/07/24
Committee: ENVI
Amendment 279 #

2008/0015(COD)

Proposal for a directive – amending act
Article 9 – point 2
(2) precise location and delimitation of the storage site and, the storage complex and the hydraulic unit;
2008/07/24
Committee: ENVI
Amendment 286 #

2008/0015(COD)

Proposal for a directive – amending act
Article 10 –title
Commission review of draft storageNotification of storage permit awards and permits storage permit rejections
2008/07/24
Committee: ENVI
Amendment 287 #

2008/0015(COD)

Proposal for a directive – amending act
Article 10 – title
Commission review of draft storageNotification of storage permits permits
2008/07/24
Committee: ENVI
Amendment 288 #

2008/0015(COD)

Proposal for a directive – amending act
Article 10 – paragraph 1
1. Member States shall inform the Commission of all draft storage permits, the permit applications and any other material taken into consideration by the competent authority when adopting its draft decision. Within six months of their submission to the Commission, the Commission may issue an opinion on the draftabout granted CO2 storage permits or rejected applications for storage permits.
2008/07/24
Committee: ENVI
Amendment 290 #

2008/0015(COD)

Proposal for a directive – amending act
Article 10 – paragraph 1
1. Member States shall inform the Commission of all draftexploration and storage permits, the permit applications and any other material taken into consideration awarded by their competent authority when adopting its draft decision. Within six moies pursuant to the requiremenths of their submission to the Commission, the Commission may issue an opinion is Directive as soon as possible and no later than one mon the draft permits after those permits have been issued.
2008/07/24
Committee: ENVI
Amendment 293 #

2008/0015(COD)

Proposal for a directive – amending act
Article 10 – paragraph 2
2. The competent authority shall notify the final decision to the Commission, stating the reasons if it deviates fromMember States may inform the Commission of draft storage permits, permit applications and any other material taken into consideration by the Ccommission petent authority when adopting its draft decision.
2008/07/24
Committee: ENVI
Amendment 295 #

2008/0015(COD)

Proposal for a directive – amending act
Article 10 – paragraph 2 a (new)
2a. Before issuing a storage permit the competent authority may request a non- binding opinion from the Commission on the draft permit.
2008/07/24
Committee: ENVI
Amendment 296 #

2008/0015(COD)

Proposal for a directive – amending act
Article 10 – paragraph 2 a (new)
2a. 60 million allowances annually, up to a maximum of 600 million allowances, from the new entrants reserve shall be awarded to large-scale demonstration facilities that are undertaking the capture and geological storage of carbon dioxide in the territory of the EU or in developing countries and countries with economies in transition outside the EU that ratify the future UNFCCC international agreement. The allowances will be awarded to projects that shall proceed on the basis of arrangements to be proposed by the Commission and that shall ensure that a wide range of technologies are developed at best value cost. Their award shall be dependent upon the actual geological storage of CO2. Allowances not required to meet the terms of awards shall remain available in the reserve for new entrants. The Commission shall strive to ensure that contracts for the construction of 12 large-scale demonstration facilities are let before the opening of the Copenhagen meeting of the UNFCCC in November 2009.
2008/07/24
Committee: ENVI
Amendment 298 #

2008/0015(COD)

Proposal for a directive – amending act
Article 11 – paragraph 3 – introductory part
3. The competent authority shall review and where necessary update or withdraw the storage permitpermit without indemnification:
2008/07/24
Committee: ENVI
Amendment 303 #

2008/0015(COD)

Proposal for a directive – amending act
Article 11 – paragraph 3 – point d
(d) without prejudice to points (a) to (c), every five years.deleted
2008/07/24
Committee: ENVI
Amendment 313 #

2008/0015(COD)

Proposal for a directive – amending act
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly off not less than 90% carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislation.
2008/07/24
Committee: ENVI
Amendment 316 #

2008/0015(COD)

Proposal for a directive – amending act
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process and substances necessary for the transport on safety grounds. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislation.
2008/07/24
Committee: ENVI
Amendment 317 #

2008/0015(COD)

Proposal for a directive – amending act
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly off not less than 90% carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislation.
2008/07/24
Committee: ENVI
Amendment 343 #

2008/0015(COD)

Proposal for a directive – amending act
Article 18 – paragraph 2
2. Member States shall inform the Commission of all draft decisions of approval prepared by the competent authority pursuant to paragraph 1, including the reports submitted by the operator and any other material taken into consideration by the competent authority when arriving at its conclusion. Within six months of their submission to the Commission, the Commission may issue an opinion on the draft decisions of approval.deleted
2008/07/24
Committee: ENVI
Amendment 345 #

2008/0015(COD)

Proposal for a directive – amending act
Article 18 – paragraph 2
2. Member States shall inform the Commission of all draft decisions of approval prepared by the competent authority pursuant to paragraph 1, including the reports submitted by the operator and any other material taken into consideration by the competent authority when arriving at its conclusion. Within six months of their submission to the Commission, the Commission may issue an opinion on the draft decisions of approval.
2008/07/24
Committee: ENVI
Amendment 349 #

2008/0015(COD)

Proposal for a directive – amending act
Article 18 – paragraph 3
3. The competent authority shall notify the final decision to the Commission, stating the reasons if it deviates from the Commission opinion.deleted
2008/07/24
Committee: ENVI
Amendment 350 #

2008/0015(COD)

Proposal for a directive – amending act
Article 18 – paragraph 3
3. The competent authority shall notify the final decision to the Commission, stating the reasons if it deviates from the Commission opinion.
2008/07/24
Committee: ENVI
Amendment 351 #

2008/0015(COD)

Proposal for a directive – amending act
Article 18 – paragraph 5
5. After the transfer of responsibility pursuant to paragraphs 1 to 4, monitoring may cease. However, if any leakages or significant irregularities are identified, monitoring shall be reactivated as required to assess the scale of the problem and the effectiveness of corrective measuresshall continue on a permanent basis for a period of at least 30 years from the day the permit was issued.
2008/07/24
Committee: ENVI
Amendment 357 #

2008/0015(COD)

Proposal for a directive – amending act
Article 18 – paragraph 6
6. There shall be no recovery of costs incurred from the former operator period of monitoring after the transfer of responsibility to the competent authority pursuant to paragraphs 1 to 4may be extended or reactivated if any leakages or significant irregularities are identified.
2008/07/24
Committee: ENVI
Amendment 362 #

2008/0015(COD)

Proposal for a directive – amending act
Article 18 – paragraph 7
7. WThere a storage site has been closed pursuant to point (c) of Article 17(1), transfer of responsibility shall be deemed to take place if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future, and after the site has been sealed and the injection facilities have been removedshall be recovery of costs incurred from the former operator after the transfer of responsibility to the competent authority pursuant to paragraphs 1 to 4 if a significant irregularity occurs due to the fault of the operator.
2008/07/24
Committee: ENVI
Amendment 367 #

2008/0015(COD)

Proposal for a directive – amending act
Article 19 – paragraph 1
1. Member States shall ensure that adequate provisions, by way of financial security or any other equivalent, on the basis of modalities to be decided by the Member States, are made by the applicant prior to the submission of the application forafter the granting of a storage permit to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post- closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be met.
2008/07/24
Committee: ENVI
Amendment 370 #

2008/0015(COD)

Proposal for a directive – amending act
Article 19 – paragraph 1 a (new)
1a. The financial security shall be periodically adjusted to take account of changes to the assessed risk of leakage including the possible extension of the validity of the financial security even after the transfer of responsibility to the competent authority pursuant to Article 18.
2008/07/24
Committee: ENVI
Amendment 371 #

2008/0015(COD)

Proposal for a directive – amending act
Article 19 – paragraph 2 – introductory part and point a
2. The financial security or any other equivalent referred to in paragraph 1 shall be keptremain valid and effective: (a) after a storage site has been closed pursuant to Article 17 paragraph 1 points (a) or (b), until the responsibility for the storage site is transferred to the competent authority pursuant to Article 18(1) to (4), taking into account paragraph 1a if appropriate;
2008/07/24
Committee: ENVI
Amendment 387 #

2008/0015(COD)

Proposal for a directive – amending act
Article 20 a (new)
Article 20a Exemptions 1. Major new CCS infrastructure may, upon request, be exempted, for a specified period of time, from the provisions of Article 20 under the following conditions: (a) the risk attached to the investment is such that the investment would not take place unless an exemption was granted; (b) the exemption is not detrimental to competition or the effective functioning of the CCS market. 2. Member State competent authorities may, on a case by case basis, decide on the exemptions referred to in paragraph 1. Where the infrastructure in question is located in the territory of more than one Member State, the competent authorities of the Member States shall come to a joint decision. The following conditions shall apply to the granting of exemptions: (a) an exemption may cover all or part of the capacity of the new infrastructure; (b) in deciding to grant an exemption consideration shall be given, on a case by case basis, to the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the infrastructure. When deciding on the conditions account shall, in particular, be taken of the duration of contracts, the additional capacity to be built, the time horizon of the project and national circumstances; (c) when granting an exemption the competent authority may decide upon the rules and mechanisms for management and allocation of capacity insofar as this does not prevent the implementation of long-term contracts; (d) the exemption decision, including any conditions, shall be duly reasoned and published. 3. Member State competent authorities shall put in place a clear and robust procedure for the appeal of decisions under this Article. 4. Conditions of an exemption approval under this Article shall not be changed retrospectively without the agreement of all parties.
2008/07/24
Committee: ENVI
Amendment 391 #

2008/0015(COD)

Proposal for a directive – amending act
Article 23
In cases of transboundary transport of CO2, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall meet the requirements of this Directive and of other relevant Community legislation jointly. For transboundary storage sites, the national authority responsible for granting permits shall be that of the Member State on whose territory the foreseeably largest part of the storage site is located.
2008/07/24
Committee: ENVI
Amendment 422 #

2008/0015(COD)

Proposal for a directive – amending act
Annex I – paragraph 1
The characterisation and assessment of storage sites referred to in Article 4 shall be carried out in four steps according to the following criteria and on the basis of best available techniques. Derogations from one or more of these criteria are permitted so long as the capacity of the characterisation and assessment to enable the determinations pursuant to Article 4 is not affected.
2008/07/24
Committee: ENVI
Amendment 424 #

2008/0015(COD)

Proposal for a directive – amending act
Annex I – Step 1 – point (h)
(h) Domains surrounding the storage complex that may be affected by the storage of CO2 in the storage site, as well as the delimitation of the hydraulic unit;
2008/07/24
Committee: ENVI
Amendment 95 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 18
(18) Transitional free allocation to installations should be provided for through harmonised Community-wide rules, such as, but not limited to, establishing sector benchmarks, in order to minimise distortions of competition with the Community. These rules should takeclearly set out the process establishing the sector benchmarks, as appropriate taking account of the most greenhouse gas and energy efficient techniques, substitutes, alternative production processes, use of biomass, renewables and greenhouse gas capture and storage. Any such rules should not give incentives to increase emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period so as to enable the market to function properly. They shall also avoid undue distortions of competition on the markets for electricity and heat supplied to industrial installations. These rules should also apply to new entrants carrying out the same activities as existing installations receiving transitional free allocations. To avoid any distortion of competition within the internal market, no free allocation should be made in respect of the production of electricity by new entrants. Allowances which remain in the setaside for new entrants in 2020 should be auctioned. In defining the principles for setting benchmarks in individual sectors, the Commission should consult with the sectors concerned.
2008/06/23
Committee: ITRE
Amendment 110 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 20
(20) The Commission shouldwill therefore review the situation by June 2011 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify whichn analytical report assessing the situation with special regard to energy -intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. It should base its analysis on the assessment of the inability to pass on the cost of required allowances in product prices without significant loss of market share to installations outside the Community not taking comparable action to reduce emissions. Energy-intensive industries whisectors exposed to a significant risk of carbon leakage. That report should be accompanied by any appropriate proposals which should include adjusting the proportion of allowances received free of ch arge determined to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation orand as a complementary measure an effective carbon equalisation system could be introduced, with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries on a comparable footing. Such a system could apply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requiring the surrender of allowances but also address exports. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Least Developed Countries. It would also need to be in conformity with the international obligations of the Community including the WTO agreement.
2008/06/23
Committee: ITRE
Amendment 120 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 16
(16) Consequently, full auctioning should be the rule from 2013 onwards for the power sector, taking into account their ability to pass on the increased cost of CO2, and no free allocation should be given for carbon capture and storage as the incentive for this arises from allowances not being required to be surrendered in respect of emissions which are stored. Electricity generators may receive free allowancesFree allowances shall be awarded for heat produced through high efficiency cogeneration as defined by Directive 2004/8/EC in the event that such heat produced by installations in other sectors were to be given free allocations, in order to avoid distortions of competition.
2008/07/08
Committee: ENVI
Amendment 149 #

2008/0013(COD)

Proposal for a directive – amending act
Recital 18
(18) Transitional free allocation to installations should be provided for through harmonised Community-wide rules ("benchmarks") in order to minimise distortions of competition with the Community. These rules should take account of the most greenhouse gas and energy efficient techniques, substitutes, alternative production processes, use of biomass, renewables and greenhouse gas capture and storage. In the case of heat production, the EU ETS system should ensure equal treatment for all producers of heat, taking into account their widespread nature and dependence on meteorological conditions. It should also be borne in mind that, in the interest of protecting the environment, production can be transferred from installations not covered by the system to other installations and also that, in order to prevent distortion of competition, it is possible to prevent production being transferred to installations not covered by the system. Any such rules should not give incentives to increase emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period so as to enable the market to function properly. They shall also avoid undue distortions of competition on the markets for electricity and heat supplied to industrial installations. These rules should apply to new entrants carrying out the same activities as existing installations receiving transitional free allocations. To avoid any distortion of competition within the internal market, no free allocation should be made in respect of the production of electricity by new entrants. Allowances which remain in the set-aside for new entrants in 2020 should be auctioned.
2008/07/08
Committee: ENVI
Amendment 169 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 2 – point a
(a) 980 % of the total quantity of allowances to be auctioned being distributed amongst Member States in shares that are identical to the share of verified emissions under the Community scheme in 20058 of the Member State concerned;
2008/06/26
Committee: ITRE
Amendment 170 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 2 – point b a (new)
(ba) 10 % of the total quantity of allowances to be auctioned being distributed amongst Member States in accordance with achievements accomplished between Kyoto Protocol base year and the year 2008 in order to account of the efforts made up to the date of the introduction of the Community scheme.
2008/06/26
Committee: ITRE
Amendment 176 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point a
(a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to adapt to the impacts of climate change and to fund research and development and demonstration project for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan;
2008/06/26
Committee: ITRE
Amendment 180 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point c
(c) for theclean coal technologies including capture and geological storage of greenhouse gases, in particular from coal power stations;
2008/06/26
Committee: ITRE
Amendment 181 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point c a (new)
(ca) for modernisation of coal-based combustion installations or their replacement by more efficient units providing lower CO2 emission;
2008/06/26
Committee: ITRE
Amendment 208 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 1
1. The Commission shall, by 30 June1 December 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner.
2008/06/26
Committee: ITRE
Amendment 228 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 2 – point (a)
Directive 2003/87/EC
Article 3 – point (c)
"(c) 'greenhouse gases' means the gases listed in Annex II and other gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and gases listed in future international agre-emit infrared radiationents;"
2008/07/10
Committee: ENVI
Amendment 241 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 2
2. Subject to paragraph 3, no free allocation shall be given to electricity generators, to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions.
2008/06/26
Committee: ITRE
Amendment 249 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
3. Free allocation mayshall be given to electricity generatorusing a benchmark method to heat and power installations in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC and to district heating producers for economically justifiable demand to ensure equal treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of the production of that heat shall be adjusted by the linear factor referred to in Article 9.
2008/06/26
Committee: ITRE
Amendment 261 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
5. The maximum amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verifiedhistorical emissions of those installations in 2005 to 20078 or average emission of those installations in 2008-2010. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9.
2008/06/26
Committee: ITRE
Amendment 271 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3
No free allocation shall be made in respect of any electricity production by new entrants.deleted
2008/06/30
Committee: ITRE
Amendment 279 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraphs 7 and 8
7. SUntil an international agreement and subject to Article 10b, the amount of allowances allocated free of charge under paragraphs 3 to 6 of this Article [and paragraph 2 of Article 3c] in 2013to installations not covered by paragraph 2 in 2013 and each subsequent year shall be 8100% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each year by equal amounts resultiwithout chang in no free allocation in 2020. 8. In 2013 and in each subsequent year up to 2020, installations in sectors which are exposed to a significant risk of carbon leakage shall be allocated allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 2 to 6g the total quantity of allowances according to Article 9.
2008/06/30
Committee: ITRE
Amendment 296 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9
9. At the latest by 30 June 2010 and every 3 years thereafter the Commission shall determine the sectors referred to in paragraph 8. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to less carbon efficient installations outside the Community, taking into account the following: (a) the extent to which auctioning would lead to a substantial increase in production cost; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installations concerned may inter alia be used.deleted
2008/06/30
Committee: ITRE
Amendment 300 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 2 - point a
(a) 980% of the total quantity of allowances to be auctioned being distributed amongst Member States in shares that are identical to the share of average verified emissions under the Community scheme in 2005- 2007 of the Member State concerned;
2008/07/14
Committee: ENVI
Amendment 305 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 2 - point ba (new)
(ba) 10 % of the total quantity of allowances to be auctioned being distributed amongst Member States in accordance with achievements accomplished between Kyoto Protocol base year and the year 2005 in order to take account of the efforts made up to the date of the introduction of the Community scheme.
2008/07/14
Committee: ENVI
Amendment 315 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 3
3. At least 20% of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in point (b) thereof, should be used for one or more of the following: (a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to adapt to the impacts of climate change and to fund research and development and demonstration projects for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan; (b) to develop renewable energies to meet the commitment of the Community to using 20% renewable energies by 2020, and to meet the commitment of the Community to increase energy efficiency by 20% by 2020; (c) for theclean coal technologies including capture and geological storage of greenhouse gases, in particular from coal power stations; (ca) for modernisation of coal-based combustion installations or their replacement by more efficient units producing lower CO2 emissions; (d) for measures to avoid deforestation, in particular in Least Developed Countries; (e) to facilitate developing countries' adaptation to the impacts of climate change; (f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; and (g) to cover administrative expenses of the management of the Community scheme.
2008/07/14
Committee: ENVI
Amendment 320 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10b
1. Not later than June 2011, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, whilst providing equivalent treatment of competing industries and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with special regard to energy- intensive sectors or sub-sectors that have beeno determined to beheir exposured to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may according to paragraph 3. 2. The analytical report referred to in paragraph 1 shall be accompanied by any appropriate proposals, which take into consideration the timeframe until full implementation and shall include: -(a) adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; - inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subj(b) for leakage effects not covered by other measures carbon equalisation systems for exporters and importers of products produced by the sectors covered by Article 10a. Such systems shall not reduce liquidity of the allowance market; (c) adjusting the number of allowances received free of charge to compensate for the indirect effect of pass-through of CO2 cost in electricity prices for those sectors determined in accordance with paragraph 3 as being particularly impacted by this pass-through cost. Allowances for the compensation of pass-through of CO2 cost will be additional and subtracted from the allowances allocated according to Article 10 paragraph1 and shall not be subject to Article 12 paragraphs 1 and 3. Any binding sectoral agreements which provide for equivalent treatment of competing industries and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. 3. In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to installations operating in countries outside the Community that did not impose equivalent and verifiable constraints on emissions, taking into account the following: (a) the extent to which auctioning would lead to a substantial increase in production cost; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. be implemented outside the EU in the sectors concerned; (da) the effect of pass through cost of CO2 in the electricity prices in the sector or sub-sector concerned. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installations concerned may inter alia be used. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)].
2008/06/30
Committee: ITRE
Amendment 323 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 1 - introductory part
Not later than June 20110, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors and energy sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include:
2008/06/30
Committee: ITRE
Amendment 328 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 3 - point a
(a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to adapt to the impacts of climate change and to fund research and development of the industries within the scope of this Directive for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan and the European Technology Platforms;
2008/07/14
Committee: ENVI
Amendment 332 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 3 - point c
(c) for the capture and geological storage of greenhouse gases, in particular from coal power stations;
2008/07/14
Committee: ENVI
Amendment 350 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 9
Directive 2003/87/EC
Article 11a – paragraph 7 a (new)
7a. The Commission shall endeavour to ensure that any agreement referred to in paragraph 5 and the international agreement referred to in paragraph 6 includes a crediting system for afforestation, reforestation, reduced emissions from deforestation and other sustainable forestry projects and activities, including erosion avoidance and cleaning of waste water. Operators of installations shall be allowed to use any credits resulting from avoided deforestation, afforestation and reforestation and other sustainable forestry projects and activities in developing countries that are agreed under the agreements referred to in paragraphs 5 and 6.
2008/06/30
Committee: ITRE
Amendment 354 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 5
5. By 31 December 20109, the Commission shall adopt a Regulation on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. Auctions shall be designed, taking into account the principles laid down in Annex IIb, to ensure that operators, and in particular any small and medium size enterprises covered by the Community scheme, have full access and any other participants do not undermine the operation of the auction. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]to emission rights, and that speculation is avoided. The Regulation will ensure that the impact of the auctioning system on the new Member States will be equally distributed according also to the Member States’ economic power, measured by Gross Domestic Product instead of specific national CO2 emissions only. This solution shall be agreed by the European Parliament and the Council under the codecision procedure.
2008/07/14
Committee: ENVI
Amendment 361 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 17
Directive 2003/87/EC
Article 22 – paragraph 1
The Commission may amend the Annexes to this Directive, with the exception of Annex I, and Annex I,Ia in the light of the reports provided for in Article 21 and of the experience of the application of this Directive. Annex IIa may be amended only in accordance with the procedure laid down in Article 251 of the Treaty. Annexes IV and V may be amended in order to improve the monitoring, reporting and verification of emissions.
2008/06/30
Committee: ITRE
Amendment 363 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 19
Directive 2003/87/EC
Article 24a – paragraph 1
1. In addition to the inclusions provided for in Article 24, the Commission mayshall adopt implementing measures for issuing allowances in respect of projects administered by Member States that reduce greenhouse gas emissions outside of the Community scheme. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. Any such measures shall not result in the double-counting of emissions reductions and impede the undertaking of other policy measures to reduce emissions not covered by the Community scheme. Provisions shall only be adopted where inclusion is not possible in accordance with Article 24, and tThe next review of the Community scheme shall consider harmonising the coverage of those emissions across the Community.
2008/06/30
Committee: ITRE
Amendment 364 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 19 a (new)
Directive 2003/87/EC
Article 24a a (new)
(19) The following Article shall be inserted: ¨Article 24aa Member States may use greenhouse gases emissions entitlements permitted under Article 3(1) and (2) of the Decision 2008/XX/EC for the implementation of their obligation under Directive 2003/87/EC. In addition to provisions of Article 24a each installation included in the Community scheme may cover up to 10% of its verified emission with units acquired out of Member States’ limits laid down by the Decision 2008/xxxx.¨
2008/06/30
Committee: ITRE
Amendment 373 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 21
Directive 2003/87/EC
Article 27 – paragraph 1
1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 25MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures that are in place, (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.
2008/06/30
Committee: ITRE
Amendment 380 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 1
1. The Commission shall, at the latest by 30 June 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner.
2008/07/15
Committee: ENVI
Amendment 383 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 1
1. The Commission shall, by 30 June1 December 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner.
2008/07/15
Committee: ENVI
Amendment 386 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 2 a (new)
2a. An international agreement according to paragraphs 1 and 2 is defined as an agreement between countries which leads to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements. Such an international agreement should include a critical mass of world wide sectoral production. Countries subject to such an international agreement shall agree to implement and enforce measures which result in an equivalent burden for industries exposed to international competition.
2008/06/30
Committee: ITRE
Amendment 389 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
The measures referred to in the first subparagraph shall, to the extent feasible, establish harmonised sector specific benchmarks to ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking. They shall be based on the most efficient techniques and technologies, and take into account of the most efficient techniquepotential, including the technical potential, to reduce emissions, substitutes, alternative production processes, and the use of biomass and greenhouse gas capture and storage, and. The measures shall not give incentives to increase emissions per unit of production. No free allocation shall be made in respect of any electricity production. In defining the principles for setting benchmarks in individual sectors, the Commission shall consult with the sectors concerned.
2008/07/15
Committee: ENVI
Amendment 394 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
The measures referred to in the first subparagraph shall, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production.
2008/07/15
Committee: ENVI
Amendment 400 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
The measures referred to in the first subparagraph shall, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production, except for electricity produced in connection with industrial heat consumption or produced from residues from an industrial process provided that it is for the own consumption of the operators of the installations; such allocations shall be made under the same allocation principles as applied to that industrial activity as mentioned in Annex I. However, where a waste gas from a production process is used as a fuel, all allowances shall be allocated for free to the operator of the installation generating the waste gas according to the same allocation principles as applied for that installation.
2008/07/15
Committee: ENVI
Amendment 425 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 2
2. Subject to paragraph 3, no free allocation shall be given to electricity generators, to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions.
2008/07/15
Committee: ENVI
Amendment 444 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
3. Free allocation mayshall be given to electricity generators in respect of the production of heatthe production of heat that is supplied to industries and other consumers through high efficiency cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equal treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of the production of that heat shall be adjusted by the linear factor referred to in Article 9.
2008/07/15
Committee: ENVI
Amendment 458 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
3. Free allocation may be given to electricity generators in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC and to district heating producers for economically justifiable demand to ensure equal treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of the production of that heat shall be adjusted by the linear factor referred to in Article 9.
2008/07/15
Committee: ENVI
Amendment 466 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 4
4. The maximum amount of allowances that is the basis for calculating allocations to installations which carry out activities in 2013 and received a free allocation in the period 2008 to 2012 shall not exceed, as a proportion of the annual Community-wide total quantity, the percentage of the corresponding emissions in the period 2005 to 2007 that those installations emitted. A correction factor shall be applied where necessary.deleted
2008/07/15
Committee: ENVI
Amendment 472 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
5. The maximum amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified emissions of those installations in 2005 to 2007. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9.deleted
2008/07/15
Committee: ENVI
Amendment 479 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
5. The maximum amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified emissions of those installations in 2005 to 20078 or the average emissions of those installations in 2008-2010. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9.
2008/07/15
Committee: ENVI
Amendment 489 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3
No free allocation shall be made in respect of any electricity production by new entrants.deleted
2008/07/15
Committee: ENVI
Amendment 492 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3
No free allocation shall be made in respect of any electricity production by new entrants, except for electricity produced in connection with industrial heat consumption or produced from residues from an industrial process provided that it is for the own consumption of the operators of the installations; such allocations shall be made under the same allocation principles as applied to that industrial activity as mentioned in Annex I. However, where a waste gas from a production process is used as a fuel, all allowances shall be allocated for free to the operator of the installation generating the waste gas with the same allocation principles as applied for that installation.
2008/07/15
Committee: ENVI
Amendment 501 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6a (new)
6a. 60 million allowances annually, up to a maximum of 600 million allowances, from the new entrants reserve shall be awarded to large-scale demonstration facilities that are undertaking the capture and geological storage of carbon dioxide in the territory of the EU or in developing countries and countries with economies in transition outside the EU that ratify the future international agreement. The allowances shall be awarded to projects that shall proceed on the basis of arrangements to be proposed by the Commission and that shall ensure that a wide range of technologies are developed at best value costs. Their award shall be dependent upon the actual geological storage of carbon dioxide. Allowances not required to meet the terms of awards shall remain available in the reserve for new entrants. The Commission shall strive to ensure that contracts for construction of 12 large-scale demonstration facilities are let before the opening of the Copenhagen meeting of the UNFCCC in November 2009. Or. en (Cross-reference to AM 22 of PR/727283)
2008/07/15
Committee: ENVI
Amendment 509 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 7
7. SUntil an international agreement enters into force and subject to Articles 10b and 28, the amount of allowances allocated free of charge under paragraphs 3 to 6 of this Article [and paragraph 2 of Article 3c] in 2013to installations not covered by paragraph 2 in 2013 and each subsequent year shall be 8100% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each year by equal amounts resulting in no free allocation in 2020without changing the total quantity of allowances according to Article 9.
2008/07/15
Committee: ENVI
Amendment 524 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 8
8. In 2013 and in each subsequent year up to 2020, installations in sectors which are exposed to a significant risk of carbon leakage shall be allocated allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 2 to 6.deleted
2008/07/15
Committee: ENVI
Amendment 540 #

2008/0013(COD)

Proposal for a regulation – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9
9. At the latest by 30 June 2010 and every 3 years thereafter the Commission shall determine the sectors referred to in paragraph 8. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to less carbon efficient installations outside the Community, taking into account the following: (a) the extent to which auctioning would lead to a substantial increase in production cost; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installations concerned may inter alia be used.deleted
2008/07/15
Committee: ENVI
Amendment 587 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10b
1. Not later than June 2011 and thereafter every five years, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, whilst providing for equal treatment of competing industries and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with special regard to energy-intensive sectors or sub- sectors that have beeno determined to beheir exposured to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include: - adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; - inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. Any binding sectoral agreements which lead to global emiss according to paragraph 3. 2. The analytical report referred to in paragraph 1 shall be accompanied by any appropriate proposals, which take into consideration the timeframe until full implementation and shall include: - adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; - for leakage effects not covered by other measures carbon equalisation systems for exporters and importers of products produced by the sectors covered by Article 10a. Such systems shall not reduce liquidity of the allowance market. Any binding sectoral agreements which provide for equal treatment of competing industries and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. 3. In the determinations reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. ferred to in paragraph 1, the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to installations operating in countries outside the Community that did not impose equivalent and verifiable constraints on emissions, taking into account the following: (a) the extent to which auctioning would lead to a substantial increase in production cost; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned; (e) the effect of passing through CO2 costs in electricity prices in the sector or sub- sector concerned. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installations concerned may inter alia be used. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)].
2008/07/15
Committee: ENVI
Amendment 600 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10b - introduction
Not later than June 20110, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors and energy sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include:
2008/07/15
Committee: ENVI
Amendment 606 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10b - indent 2 a (new)
- adjusting the number of allowances received free of charge to compensate for the indirect effect of passing through CO2 costs in electricity prices for those sectors determined in accordance with Article 10a(3) as being particularly impacted by this pass-through cost. Allowances for the compensation of pass-through of CO2 cost will be additional and subtracted from the allowances allocated according to Article 10(1) and shall not be subject to Article 12(1) and (3).
2008/07/15
Committee: ENVI
Amendment 687 #

2008/0013(COD)

Proposal for a regulation – amending act
Article 1 - point 17
Directive 2003/87/EC
Article 22 - paragraph 1- subparagraph 1
The Commission may amend the Annexes to this Directive, with the exception of Annex I and Annex IIa, in the light of the reports provided for in Article 21 and of the experience of the application of this Directive. Annex I and Annex IIa may be amended only in accordance with the procedure laid down in Article 251 of the Treaty. Annexes IV and V may be amended in order to improve the monitoring, reporting and verification of emissions.
2008/07/17
Committee: ENVI
Amendment 701 #

2008/0013(COD)

Proposal for a regulation – amending act
Article 1 - point 19
Directive 2003/87/EC
Article 24 a - paragraph 1
1. In addition to the inclusions provided for in Article 24, the Commission mayshall adopt implementing measures for issuing allowances in respect of projects administered by Member States that reduce greenhouse gas emissions outside of the Community scheme. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. Any such measures shall not result in the double-counting of emissions reductions and impede the undertaking of other policy measures to reduce emissions not covered by the Community scheme. Provisions shall only be adopted where inclusion is not possible in accordance with Article 24, and tThe next review of the Community scheme shall consider harmonising the coverage of those emissions across the Community.
2008/07/17
Committee: ENVI
Amendment 712 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 - point 21
Directive 2003/87/EC
Article 27 - title and paragraph 1
Exclusion of small combustion installations subject to equivalent measures 1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 25MW, and reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures that are in place, (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.
2008/07/17
Committee: ENVI
Amendment 811 #

2008/0013(COD)

Proposal for a directive – amending act
Annex I - point 4 a (new)
Directive 2003/87/EC
Annex I - table - Category 4 ("Other activities") - column 1
(4a) "Other activities" is replaced by the following: Industrial plants for the production of (a) pulp from timber or other fibrous materials including the combustion installations with a rated thermal input exceeding 20 MW (b) paper and board with a production capacity exceeding 20 tonnes per day where combustion installations with a rated thermal input exceeding 20 MW are operated
2008/07/18
Committee: ENVI
Amendment 823 #

2008/0013(COD)

Proposal for a directive – amending act
Annex II a (new)
Directive 2003/87/EC
Annex II b (new)
ANNEX IIb The following is added as Annex IIb to Directive 2003/87/EC: "Annex IIb Principles for auctions Principle 1 Rational formation of emission/energy prices Principle 2 Graduation of burden loads over a period of time Principle 3 Counteracting the carbon leakage effect Principle 4 Supporting cogeneration Principle 5 Protection against an escape into ‘low emission’ Principle 6 Each right should be linked with a certain obligation, so the right to emission allowances should be linked with obligatory power generation Principle 7 Equal competition, which means limiting the entities entitled to participate in the auction to operators located within a certain country (domestic auctions) or at least within a group of countries with similar carbonisation Principle 8 Creating a minimum, though rising step- by-step, price of emission rights as an opening bid price (reserve price) on auctions, starting at 20 €/tCO2 in 2013 and rising each year by 5 € to reach 55 €/tCO2 in 2020. Principle 9 Creating a maximum, though rising step- by-step, price of emission rights as a gradually increasing penalty fee, starting at 30 €/tCO2 in 2013 and rising each year by 10 € to reach 100 €/tCO2 in 2020."
2008/07/18
Committee: ENVI
Amendment 70 #

2007/0297(COD)

Proposal for a regulation
Recital 21
(21) Directive 2007/46/EC provides that manufacturers are to issue a certificate of conformity which must accompany each new passenger car and that Member States are to permit the registration and entry into service of a new passenger car only if it is accompanied by a valid certificate of conformity. Data collected by Member States should be consistent with the certificate of conformity issued by the manufacturer for the passenger car. and should be based on this reference only. Should EU Member States, for justified reasons, not use the certificate of conformity to complete the process of registration and entry into service of a new passenger car they should put the necessary measures in place to ensure adequate accuracy in the monitoring procedure. There should be a common European standard database for certificate of conformity data. It should be used as a single reference to enable Member States to more easily maintain their registration data when vehicles are newly registered. The Commission should ensure the use of electronic network by Member States, such as demonstrated in the REGNET project, that provide for further streamlining of the exchange of registration data, such as for CO2 emissions, for the purpose of an accurate monitoring. Further, to enable manufacturers to respond to market developments, the Commission should, at the latest by 30th August for each monitoring year, make available an interim monitoring report to each manufacturer for this year.
2008/06/17
Committee: ITRE
Amendment 118 #

2007/0297(COD)

Proposal for a regulation
Article 4
For the calendar year commencing 1 January 2012 and each subsequent calendar year, each manufacturer of passenger cars shall ensure that itn 2012 25%, in 2013 50%, in 2014 75% and in 2015 and each subsequent calendar year 100% of the fleet’s average specific emissions of CO2 do not exceed itsthe specific emissions target for a manufacturer’s fleet determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 9, in accordance with that derogation. For this purpose, the CO2 emissions, adjusted for CO2 emission reductions delivered by eco innovations, shall be balanced over three consecutive years, as stipulated under Article 7.
2008/06/17
Committee: ITRE
Amendment 135 #

2007/0297(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. By 28 Februar31st of July 20112 and each subsequent half year, the Member State shall determine and transfer to the Commission the information, verified by a certified auditor, listed in Part B of Annex II in respect of the preceding calendar year. The data shall be transmitted in accordance with the format specified in Part C of Annex II.
2008/06/17
Committee: ITRE
Amendment 140 #

2007/0297(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. In respect of each calendar year from 2012 onwards for which a manufacturer's average specific emissions of CO2, adjusted for CO2 emission reductions delivered by eco innovations and balanced over three consecutive years, exceed its specific emissions target in that year, the Commission shall impose an excess emissions premium on the manufacturer or, in the case of a pool, the pool manager.
2008/06/17
Committee: ITRE
Amendment 173 #

2007/0297(COD)

Proposal for a regulation
Article 10 – paragraph 3a (new)
3a. Whenever the Commission proposes new legislation affecting light duty vehicles and their fuels in a manner that leads directly or indirectly to an increase of CO2 emissions, the Commission shall indicate this fact clearly in its proposals to the European Parliament and the Council and reflect any adverse impact on manufacturers’ compliance with the specific CO2 emissions target set out in this regulation.
2008/06/17
Committee: ITRE
Amendment 175 #

2007/0297(COD)

Proposal for a regulation
Article 11
From 1 January 2010, manufacturers shall ensure that labels, posters or promotional literature and material of the type referred to in aConsumer information Implementing measures The measures necessary for the implementation of Articles 3, 5 and 6 of Directive 1999/94/EC indicate the extent to which the specific emissions of CO2 of the passenger car offered for sale differ from .1 (fa), which are designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure withe specific emissions target for that passenger car under Annex Icrutiny referred to in Article 12(3).
2008/06/17
Committee: ITRE
Amendment 43 #

2007/0199(COD)

Proposal for a regulation – amending act
Recital 3 a (new)
(3a) A sufficient level of cross-border gas interconnection capacity should be achieved as a first step to integrate markets and to develop a single European Energy market.
2008/04/14
Committee: ITRE
Amendment 49 #

2007/0199(COD)

Proposal for a regulation – amending act
Recital 8
(8) All market participants have an interest in the work expected of the European network of transmission system operators. The consultation process is therefore essential and existing structures set up to facilitate and streamline the consultation process, such as EASEE— gas (the European Association for the Streamlining of Energy Exchange), should play an important role.deleted
2008/04/14
Committee: ITRE
Amendment 69 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 a
All transmission system operators shall cooperate at Community level through establishing the European Network of Transmission System Operators for Gas in order to ensure the optimal management, coordinated operation and sound technical evolution of the European gas transmission network and to support cross border trade and well functioning markets.
2008/04/14
Committee: ITRE
Amendment 72 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 b – paragraph 1
1. By […] at the latest the transmission system operators for gas shall submit to the Commission and to the Agency the draft of statutes, a list of future members and draft rules of procedure, including the rules of procedure on the consultation of other stakeholders, of the European Network for Transmission System Operators for Gas to be established.
2008/04/14
Committee: ITRE
Amendment 80 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 1 - point (a)
(a) technical and market codeopinions and recommendations ion the areas mentioned in paragraph 3draft guidelines and draft codes referred to in Article 2e;
2008/04/14
Committee: ITRE
Amendment 91 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 2
2. The annual work programme referred to in paragraph 1(d) shall contain a list and description of the technical and market codescodes developed in accordance with Article 2eb, a plan on coordination ofmmon operation of the network and research and development activities, to be drawn up in that year and an indicative calendar.
2008/04/14
Committee: ITRE
Amendment 99 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 3
3. The detailed technical and market codes shall cover the following areas, according to the priorities defined in the annual work programme: (a) security and reliability rules; (b) grid connection and access rules; (c) data exchange and settlement rules; (d) interoperability rules; (e) operational procedures in an emergency; (f) capacity allocation and congestion management rules; (g) rules for trading; (h) transparency rules; (i) balancing rules including rules on nominations procedures, rules for imbalance charges and rules for operational balancing between transmission system operators systems; (j) rules regarding harmonised transportation tariff structures; (k) energy efficiency regarding gas networks.deleted
2008/04/14
Committee: ITRE
Amendment 109 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 4
4. The European Network of Transmission System Operators for Gas shall monitor the implementation of the technical and market codes and include the results of its monitoring activities in the annual report referred to in paragraph 1(e)Agency shall monitor the implementation of the codes by the European Network of Transmission System Operators for Gas.
2008/04/14
Committee: ITRE
Amendment 120 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 5
5. The European Network of Transmission System Operators for Gas shall publish a Community-wide 10-year network investment plan every two years. The investment plan shall include the modelling of the integrated network, scenario development, a supply and demand adequacy report and an assessment of the resilience of the system. The investment plan shall identify investment gaps, notably with respect to cross border capacities, and shall include investment in interconnection and in other infrastructure necessary for effective trading and competition and to guarantee the security of supply. Transmission System Operators make all reasonable efforts to meet the adopted investment plan.
2008/04/14
Committee: ITRE
Amendment 124 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 6
6. Upon request of the Commission, the European Network of Transmission System Operators for Gas shall advise the Commission on the adoption of Guidelines as laid down in Article 9.deleted
2008/04/14
Committee: ITRE
Amendment 134 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 d – paragraph 2 – subparagraph 1
2. The European Network of Transmission System Operators for Electricity shall submit the draft technical and market codes,its opinions and recommendations on the guidelines and the draft codes, as well as the draft 10-year investment plan and the draft annual work programme, including the information regarding the related consultation processes, to the Agency.
2008/04/14
Committee: ITRE
Amendment 143 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e
Establishment and evaluation of technical and market codes 1. After consulting the Agency, the Commission may invite the European Network of Transmission System Operators for Gas, within a reasonable period of time, to prepare codes in the areas listed in Article 2c(3) where it considers that such codes are necessary for the efficient functioning of the market. 2. The Agency shall provide a duly justified opinion to the Commission where it consiGuidelines and codes 1. The Commission shall mandate the Agency to develop guidelines and adopt codes to harmonise technical and market rules with the view to facilitating market integration. 2. The guidelines and coders that: (a) a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3) does not ensure non-discrimination, effective competition and the efficient functioning of the marketmay in particular cover the following areas: (a) security and reliability rules; (b) grid connection and access rules; (bc) the European Network of Transmission System Operators for Gas fails to agree within a reasonable period of time on a technical or market code in the areas listed in Article 2c(3)data exchange and settlement rules; (d) interoperability rules; (ce) the transmission system operators fail to implement a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3). 3. The Commission may adopt, on its own initiative or upon recommendation of the Agency, guidelines on the areas listed in Article 2c(3) when it considers that: (a) a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3) does not ensure non-discrimination, effective competition and the efficient functioning of the market; (b) the European Network of Transmission System Operators for Gas fails to agree within a reasonable period of time on a technical or market code in the areas listed in Article 2c(3)operational procedures in an emergency; (f) capacity allocation and congestion management rules; (g) rules for cross-border intra-day markets with harmonised gate closures; (h) rules for trading, ensuring in particular the development of secondary markets for cross-border transmission rights and the security of transmission rights; (i) transparency rules; (j) balancing rules including storage rules; (ck) the transmission system operators fail to implement a technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3). Those measures designed to amend non- essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2). 4. Paragraph 3 shall be without prejudice to the Commission's right to adopt and amend guidelines as laid down in Article 9rules regarding harmonised transportation tariff structures including locational signals and inter-TSO compensation rules; (l) energy efficiency regarding gas networks.
2008/04/14
Committee: ITRE
Amendment 162 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e a (new)
Article 2ea Development of guidelines 1. The Commission shall, after consultation with the Agency, establish an annual priority list identifying issues of prime importance for the development of the internal market in gas. 2. Having regard to the priority list, the Commission shall mandate the Agency to develop within no more than six months draft guidelines setting basic, clear and objective principles for the harmonisation of rules, set out in Article 2c. 3. In the drafting of these guidelines, the Agency shall consult extensively, in an open and transparent manner and shall keep ENTSOG and other stakeholders informed. 4. The Agency shall finalize the draft guidelines on the basis of the consultation results. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft of the guidelines or justify their rejection. 5. The Commission shall submit the draft guidelines to the Committee referred to in Article 13(1) for their final adoption in accordance with the procedure referred to in Article 13(2). 6. The Commission, at its own initiative or upon request of the Agency, may initiate the same procedure for the up-dating of guidelines.
2008/04/14
Committee: ITRE
Amendment 163 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e b (new)
Article 2eb Development of codes 1. On adoption of the guidelines in accordance with Article 2ea, the Commission shall mandate ENTSOG to develop within six months draft codes, fully complying with the principles established in the guidelines. 2. In the drafting of these codes ENTSOG shall take into consideration technical expertise from market participants and shall keep them informed. 3 ENTSOG shall submit the draft codes to the Agency. 4. The Agency shall consult on the draft codes extensively in an open and transparent manner. 5. On the basis of the consultation, the Agency shall finalize and adopt the draft. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft codes or justify their rejection. 6. On the initiative of the Agency or at the request of the ENTSOG, the existing codes may be revised following the same procedure
2008/04/14
Committee: ITRE
Amendment 167 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 1
1. In carrying out its tasks, the European Network of Transmission System Operators for GasAgency shall consult extensively, at an early stage and in an open and transparent manner, in particular while preparing the technical and market codes and its annual work programme referred to in Article 2c(1) and (3), with all appropriate market participants; the consultation shall include supply undertakings, customers, system users, distribution system operators, LNG system operators and storage system operators, including relevant (industry) associations, technical bodies and stakeholder platforms.
2008/04/14
Committee: ITRE
Amendment 170 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 1
1. In carrying out its tasks, the European Network of Transmission System Operators for GasAgency shall consult extensively, at an early stage and in an open and transparent manner, in particular while preparing the technical and market codes and its annual work programme referred to in Article 2c(1) and (3), with all appropriate market participants; the consultation shall include supply undertakings, customers, system users, traders, distribution system operators, LNG system operators and storage system operators, including relevant (industry) associations, technical bodies and stakeholder platforms. In addition, where such consultation addresses matters affecting the inter-TSO sale, trading or transmission of gas, the European Network of Transmission System Operators for Gas shall have particular regard for the input of those market participants, and their relevant industry associations, who commonly bid for and use cross border transmission capacity.
2008/04/14
Committee: ITRE
Amendment 172 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 3
3. Before adopting the annual work programme and the technical and market codes referred to in Article 2c(1) and (3), the European Network of Transmission System Operators for Gasguidelines and codes, the Agency shall indicate the observations received in the consultation and how these observations are taken into consideration. It shall give a reasoned opinion where observations have not been taken into account.
2008/04/14
Committee: ITRE
Amendment 187 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 h – paragraph 2 a (new)
2a. Transmission System Operators shall maximise the cross-border capacity that they offer to the market and ensure harmonisation of the rules for allocation and interruption of capacity on both sides of a border, whilst ensuring they do not discriminate between network users .
2008/04/14
Committee: ITRE
Amendment 223 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 9 – point c
Regulation (EC) No 1775/2005
Article 6 – paragraph 7
"7. Transmission system operators shall make public ex-ante and ex-post supply and demand information, based on nominations, forecasts and realised flows in and out of the system. The level of detail of the information that is made public shall reflect the information available to the transmission system operator. Transmission system operators shall make publickeep at the disposal of the national regulatory authority measures taken as well as costs incurred and revenues generated to balance the system. The market participants concerned shall provide the transmission system operators with the data referred to in this Article."
2008/04/14
Committee: ITRE
Amendment 256 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 13 a (new)
Regulation (EC) No 1775/2005
Article 9 – title
(13a) The title of Article 9 is replaced by the following: "Guidelines relating to the inter- transmission system operator compensation mechanism"
2008/04/14
Committee: ITRE
Amendment 262 #

2007/0199(COD)

Proposal for a regulation – amending act
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 1 – point h
(h) details on the topics listed in Article 2c(3)deleted
2008/04/14
Committee: ITRE