96 Amendments of Angelika NIEBLER related to 2021/0203(COD)
Amendment 142 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The ‘Fit for 55’ package should safeguard and create European jobs and enable growth by setting the right incentives, create entrepreneurial innovation, especially for start-ups and SMEs, and new business models. The ‘Fit for 55’ package should be an enabler for the EU to become a world-leader in the development and uptake of clean technologies in the global energy transition, with particular regard to energy efficiency solutions.
Amendment 143 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) All legislation that is part of the ‘Fit for 55’ package should be accompanied by macroeconomic impact assessments that assess the combined impact and interactions of the different files on European households and economic sectors, the implications on aspects including economic growth, competitiveness, job creation, transport and mobility rates, household purchasing power and the magnitude of carbon leakage.
Amendment 145 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) To achieve the increased climate ambition, the impact assessment accompanying the Climate Target Plan has shown that energy efficiency improvements will need to be significantly raised from the current level of ambition of 32,5%. An increased ambition of the Union’s 2030 energy efficiency target should be compatible with the needed increase and uptake of electrification, hydrogen, e-fuels and other clean technologies necessary for the green transition, including in the transport sector.
Amendment 158 #
Proposal for a directive
Recital 12
Recital 12
(12) Energy efficiency should be recognised as a crucial element and a priority consideration in future investment decisions on the Union's energy infrastructure. The energy efficiency first principle should be applied taking primarily the system efficiency approach and societals well as the societal and health perspective into consideration. Consequently, it should help increase the efficiency of individual end-use sectors and of the whole energy system as well as delivering multiple benefits such as security of supply, economic and health benefits. Application of the principle should also support investments in energy- efficient solutions contributing to environmental objectives listed in Regulation (EU) 2020/852 of the European Parliament and of the Council50 . _________________ 50 OJ L 198, 22.6.2020, p. 13–43.
Amendment 171 #
Proposal for a directive
Recital 15
Recital 15
(15) The energy efficiency first principle should always be applied in a proportional way and t, while taking full consideration of security of supply and market integration and at the operational and sub-national levels the implementation decisions should consider cost-effectiveness of energy-efficiency from the investor and end-user perspectives. The requirements of this Directive should not entail overlapping or conflicting obligations on Member States, where the application of the principle is ensured directly by other legislation. This might be the case for the projects of common interest included in the Union list pursuant to [Article 3 of the revised TEN-E regulation], which introduces the requirements to consider the energy efficiency first principle in the development and assessment for those projects.
Amendment 201 #
Proposal for a directive
Recital 31
Recital 31
(31) Member States should support public bodies in planning and the uptake of energy efficiency improvement measures, including at regional and local levels, by providing guidelinesfinancial and technical support and submitting plans addressing the lack of workforce and qualified professionals needed for all stages of the green transition, including craftsmen as well as high-skilled green technology experts, applied scientists and innovators. Member States should support public bodies to take into account the wider benefits beyond energy savings, such as healthy indoor climate with improved indoor air and environmental quality as well as the improvement of quality of life, especially for schools, daycares, sheltered housing, nursing homes and hospitals. Member States should provide guidelines, promoting competence building and training opportunities and encouraginge cooperation amongst public bodies including amongst agencies. For that purpose, Member States could set up national and regional competence centres on complex issues, such as advising local or regional energy agencies on district heating or cooling.
Amendment 218 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) Given that transport systems, including their operation, are responsible for greenhouse gas emissions during production as well as during and after their operational lifetime, Member states should base transport and mobility policy measures and investments aiming at increased energy efficiency on a life-cycle analysis of greenhouse gas emissions.
Amendment 231 #
Proposal for a directive
Recital 49
Recital 49
(49) Where using an obligation scheme, Member States should designate obligated parties among transmission system operators, distribution system operators, energy distributors, retail energy sales companies and transport fuel distributors or retailers on the basis of objective and non- discriminatory criteria. The designation or exemption from designation of certain categories of such distributors or retailers should not be understood to be incompatible with the principle of non- discrimination. Member States are therefore able to choose whether such transmission system operators, distribution system operators, distributors or retailers or only certain categories thereof are designated as obligated parties. To empower and protect vulnerable customers, people affected by energy poverty and people living in social housing, and to implement policy measures as a priority among those people, Member States can require obligated parties to achieve energy savings among vulnerable customers, people affected by energy poverty and people living in social housing. For that purpose, Member States can also establish energy cost reduction targets. Obligated parties could achieve these targets by promoting the installation of measures that lead to energy savings and financial savings on energy bills, such as the installation of insulation and heating measures.
Amendment 239 #
Proposal for a directive
Recital 50
Recital 50
(50) When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85271 . Member States should not promote activities that are not environmentally sustainable such as use of solid fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion will notonly be eligible energy savings under energy savings obligation as of transposition of this Directive as long as they comply with the most up to date corresponding European emission performance legislation and if they prevent technology lock-ins by ensuring future compatibility with climate-neutral alternative fuels and technologies. It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report72 . The restriction aims at encouraging Member States to spend public money into future-proof, sustainable technologies only, while protecting the principle of technology neutrality by not favouring specific climate-neutral solutions. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may notonly be eligible anymore under the energy savings obligation. While energy savings resulting, for example, from as long as they comply with the most up to date corresponding European emission performance legislation and if they promotion of natural gas-based cogenevent technology lock-ins by ensuring future compatibility with climate-neutral alternation would not be eligible, tve fuels and technologies. The restriction would also not apply for indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco- driving, should remain eligible. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep and staged-deep renovations in line with the long-term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source. _________________ 71 Regulation (EU) 2020/852 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, OJ L 198, 22.6.2020, p. 13–43. 72 IEA (International Energy Agency) (2021), Net Zero by 2050 A Roadmap for the Global Energy Sector, https://www.iea.org/reports/net-zero-by- 2050.
Amendment 249 #
(51) Member States' energy efficiency improvement measures in transport are eligible to be taken into account for achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to promoting more efficient vehicles, a modal shift to rail, inland waterways, cycling, walking and collective transport, or mobility and urban planning that reduces demand for transport while meeting the same level of customer needs. In addition, schemes which accelerate the uptake of new, more efficient vehicles or policies fostering a shift to better performing fuels with reduced levels of emissions, except policy measures regarding the use of direct fossil fuel combustion, that reduce energy use per kilometre are also capable of being eligible, subject to compliance with the rules on materiality and additionality set out in Annex V to this Directive. Policy measures promoting the uptake of new fossil fuel vehicles should notonly qualify as eligible measures under the energy savings obligation when they comply with the most up to date corresponding European emission performance legislation and if they prevent technology lock-ins by ensuring future compatibility with climate-neutral alternative fuels and technologies.
Amendment 279 #
Proposal for a directive
Recital 63
Recital 63
(63) To tap the energy savings potential in certain market segments where energy audits are generally not offered commercially (such as small and medium- sized enterprises (SMEs)), Member States should develop programmes to encourage SMEs to undergo energy audits. Energy audits should be mandatory and regular for large enterprises, as energy savings can be significant. Energy audits should take into account relevant European or International Standards, such as EN ISO 50001 (Energy Management Systems), orEN ISO 50005 (Energy Management Systems), EN 16247-1 (Energy Audits), ISO 50002 (Energy Audits) or, if including an energy audit, EN ISO 14000 (Environmental Management Systems) and thus be also in line with the provisions of Annex VI to this Directive as such provisions do not go beyond the requirements of these relevant standards. A specific European standard on energy audits is currently under development. Energy audits may be carried out on a stand-alone basis or be part of a broader environmental management system or an energy performance contract. In all such cases those systems should comply with the minimum requirements of Annex VI. In addition, specific mechanisms and schemes established to monitor emissions and fuel consumption by certain transport operators, for example under EU law the EU ETS, may be considered compatible with energy audits, including in energy management systems, if they comply with the minimum requirements set out in Annex VI.
Amendment 291 #
Proposal for a directive
Recital 67
Recital 67
(67) The data centre sustainability indicators can be used to measure fourthe basic dimensions of a sustainable data centre, namely how efficiently it uses energy, how it promotes demand-side flexibility, how much of thatits energy comes from renewable, low carbon or carbon-free energy sources, the reuse of any waste heat that it produces and the usage of freshwater. The data centre sustainability indicators should raise awareness amongst network operators, data centre owners and operators, manufactures of equipment, developers of software and services, users of data centre services at all levels as well as entities and organisations that deploy, use or procure cloud and data centre services. It should also give confidence about the actual improvements following efforts and measures to increase the sustainability in new or existing data centres. Finally, it should be used as a basis for transparent and evidence-based planning and decision- making. Use of the data centre sustainability indicators should be optional for Member States. Use of the data centre sustainability indicator should be optionalmandatory for Member States.
Amendment 295 #
Proposal for a directive
Recital 68
Recital 68
(68) Lower consumer spending on energy should be achieved by assisting consumers in reducing their energy use by reducing the energy needs of buildings and improvements in the efficiency of appliances, which should be combined with the availability of low-energy transport modes and fuels integrated with public transport, shared mobility and cycling. Member States should also consider improving connectivity in rural and remote areas.
Amendment 301 #
Proposal for a directive
Recital 83
Recital 83
(83) To implement national comprehensive assessments, Member States should encourage the assessments of the potential for high-efficiency cogeneration, electricity generation from waste heat for self-consumption and efficient district heating and cooling in regional and local level. Member States should take steps to promote and facilitate deployment of identified cost-efficient potential of the high-efficiency cogeneration and efficient district heating and cooling.
Amendment 307 #
Proposal for a directive
Recital 92
Recital 92
(92) The contribution of renewable energy communities, pursuant to Directive (EU) 2018/2001 of the European Parliament and of the Council80 , and citizen energy communities, according to Directive (EU) 2019/944 towards the objectives of the European Green Deal and the 2030 Climate Target Plan, should be recognised. Member States should, therefore, consider and promote the role of renewable energy communities and citizen energy communities. Those communities can help Member States to achieve the objectives of this Directive by advancing energy efficiency at local or household level. They can empower and engage consumers and enable certain groups of household customers, including in rural and remote areas to participate in energy efficiency projects and interventions. Energy communities can help fighting energy poverty through facilitation of energy efficiency projects, reduced energy consumption and lower supply tariffs. Member States should remove unnecessary hurdles to ensure it is attractive to build energy communities. Public administrations at all levels should be duly trained on this subject. _________________ 80 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 327 #
Proposal for a directive
Recital 109
Recital 109
(109) Member States should encourage the use of financing facilities to further the objectives of this Directive. Such financing facilities could include financial contributions and fines from non-fulfilment of certain provisions of this Directive; resources allocated to energy efficiency under Article 10(3) of Directive 2003/87/EC of the European Parliament and of the Council84 ; resources allocated to energy efficiency in the European funds and programmes, and dedicated European financial instruments, such as the European Energy Efficiency Fund. Member States should work on building platforms aimed at aggregating small and medium-sized projects with a view to creating pools of projects suitable for financing purposes. _________________ 84 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 335 #
Proposal for a directive
Recital 123
Recital 123
(123) Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied from fossil fuels. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union's energy dependence and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the context of the Paris Agreement. For the purposes of their cumulative energy savings obligation Member States may take into account energy savings from policy measures promoting renewable technologies, including hybrids, to meet their energy savings requirements in accordance with the calculation methodology provided in this Directive . Energy savings from policy measures regarding the use of direct fossil fuel combustion should not be counted, unless the technology is ready for renewable and decarbonised energy sources, and hence is future proof.
Amendment 367 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 b (new)
Article 2 – paragraph 1 – point 6 b (new)
Amendment 374 #
Proposal for a directive
Article 2 – paragraph 1 – point 27 a (new)
Article 2 – paragraph 1 – point 27 a (new)
(27a) ‘small or medium-sized enterprise’ or ‘SME’ means a small or medium-sized enterprise as defined in Article 2 of the Annex to the Commission Recommendation 2003/361/EC;
Amendment 375 #
Proposal for a directive
Article 2 – paragraph 1 – point 27 b (new)
Article 2 – paragraph 1 – point 27 b (new)
(27b) ‘micro-enterprise’ means an enterprise with under 10 employees as defined in Annex I to Commission Regulation (EU) No 651/2014;
Amendment 376 #
Proposal for a directive
Article 2 – paragraph 1 – point 27 c (new)
Article 2 – paragraph 1 – point 27 c (new)
(27 c) ‘enterprise’ means an entity that has public, private or mixed ownership structure;
Amendment 379 #
Proposal for a directive
Article 2 – paragraph 1 – point 29 a (new)
Article 2 – paragraph 1 – point 29 a (new)
(29a) ‘one-stop shop’ means a single point for provision of advice, guidance and information;
Amendment 396 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. In conformity with the energy efficiency first principle, Member States shall ensure that energy efficiency solutions in addition to a life-cycle approach, system efficiency, cost- efficiency, security of supply are taken into account in the planning, policy and major investment decisions related to the following sectors:
Amendment 410 #
Proposal for a directive
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) promote and, where cost-benefit assessments are required, ensure the application of cost-benefit methodologies, which include the entire life cycle and take foreseeable future developments as well as system and cost efficiency and security of supply that allow proper assessment and quantification of wider benefits of energy efficiency solutions from the sociea societal, health, economic and environmental perspective;
Amendment 427 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall collectively ensure a reduction of energy consumption of at least 9 % in 2030 compared to the projections of the 2020 Reference Scenario so that the Union’s final energy consumption amounts to no more than 787 Mtoe and the Union’s primary energy consumption or cumulative energy consumption amounts to no more than 1023 Mtoe in 2030.91 _________________ 91 The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition by at least 9 % in 2030 compared to the level of efforts under the 2020 Reference Scenario. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts needed.
Amendment 438 #
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Each Member State shall set indicative national energy efficiency contributions for final and primary energy consumption to meet, collectively, the binding Union target set in paragraph 1 . Member States shall notify those contributions together with an indicative trajectory with milestones for those contributions to the Commission as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999 . When doing so, Member States shall use the formula defined in Annex I of this Directive and explain how, and on the basis of which data, the contributions have been calculated.
Amendment 458 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point d – point iv a (new)
Article 4 – paragraph 2 – subparagraph 2 – point d – point iv a (new)
(iva) security of energy supply;
Amendment 460 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point d – point iv b (new)
Article 4 – paragraph 2 – subparagraph 2 – point d – point iv b (new)
(ivb) planning certainty with a view to 2030 energy efficiency targets for all parties involved;
Amendment 463 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point e – point ii
Article 4 – paragraph 2 – subparagraph 2 – point e – point ii
(ii) changes of energy imports and exports , developments in energy mix and deployment of new sustainable fuels ;
Amendment 474 #
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Where the Commission concludes, on the basis of its assessment pursuant to Article 29(1) and (3) of Regulation (EU) 2018/1999, that insufficient progress has been made towards meeting the energy efficiency contributions, Member States that are above their indicative trajectories referred to in paragraph 2 of this Article shallould ensure that additional measures are implemented within one year following the date of reception of the Commission's assessment in order to ensure getting back on track to reach their energy efficiency contributions. Those additional measures shall include, but shall not be limited to, the following measures:
Amendment 490 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
The Commission shall assess whether the national measures referred to in this paragraph are sufficient to achieve the Union's energy efficiency targets and the Member States’ indicative contributions. Where national measures are deemed to be insufficient, the Commission shall, as appropriate, propose measures and exercise its power at Union level in order to ensure, in particular, the achievement of the Union's 2030 targets for energy efficiency.
Amendment 498 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that the total final energy consumption of all public bodies combined is reduced by at least 1,7% each year, when compared to the year X-2 (with X as the year when this Directive enters into force). This shall not apply to public companies or utilities that are in competition with private third parties.
Amendment 512 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall support public bodies in the uptake of energy efficiency improvement measures, including at regional and local levels, by providing guidelines, promoting competence building and training opportunities and encouragingfinancial and technical support and submitting plans addressing the lack of workforce needed for all stages of the green transition, including craftsmen as well as high-skilled green technology experts, applied scientists and innovators. Member States shall encourage public bodies to take into account the wider benefits beyond energy savings, such as indoor air and environmental quality as well as the improvement of quality of life, especially for schools, daycares, sheltered housing, nursing homes and hospitals. Member States shall provide guidelines, promote competence building and training opportunities, including on energy refurbishment by using Energy Performance Contracts and public private partnerships and encourage cooperation amongst public bodies.
Amendment 520 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall encourage public bodies to consider life cycle carbon emissions of their public bodies’ investment and policy activities. and shall provide specific guidance in this regard.
Amendment 523 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Transport policy measures and investments aiming at energy efficiency shall be based on a life-cycle analysis of greenhouse gas emissions.
Amendment 526 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a One-stop shops for energy efficiency 1. Member States shall engage with relevant authorities and private stakeholders in developing dedicated local, regional or national one-stop shops. These one-stop shops shall be cross- sectorial and interdisciplinary and lead to locally developed projects by: i. advising and providing streamlined information on technical and financial possibilities and solutions to SMEs, micro-enterprises, public bodies and households; ii. connecting potential projects with market players, in particular smaller-scale projects; iii. boosting active consumers by advising on energy consumption behaviour; iv. providing information on training programmes and education to ensure more energy efficiency professionals as well and re-skill and up-skill professionals in order to meet the market needs; v. promoting best practice examples from different building, housing and enterprise typologies; vi. collecting and submitting typology aggregated data from energy efficiency projects to the Commission. This information should be shared by the Commission in a report every second year in order to share experiences and enhance cross-border cooperation between Member States; 2. These one-stop shops shall create strong and trustworthy partnerships with local and regional private actors such as SMEs, energy service companies, installers, consulting firms, project developers, financial institutions that can provide services such as energy audits, finance solutions and execution of energy renovations; 3. Member States shall work together with local and regional authorities to promote these one-stop shops; 4. The Commission shall provide Member States with guidelines to develop these one-stop shops with the aim of creating a harmonised approach throughout Europe.
Amendment 531 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of the Council92 , each Member State shall ensure that at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year to at leastdeep or staged-deep renovated each year in average, counted over a period of every five years, to be transformed into nearly zero-energy buildings where appropriate in accordance with Article 9 of Directive 2010/31/EU. with the aim to fulfil the total energy savings potential to the extent it is cost efficient, technically and economically feasible. Member States shall exempt social housing from the obligation to renovate 3 % of the total floor area if the renovations not are cost- neutral and will lead to significant rent increases for people living in social housing, which are higher than the economic savings on the energy bill. _________________ 92 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
Amendment 557 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The average rate of at least 3% counted over a period of every five years shall be calculated on the total floor area of buildings having a total useful floor area over 250 m2 owned by public bodies of the Member State concerned and which , on 1 January 2024, are not nearly zero-energy buildings .
Amendment 565 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. If a Member State renovates more than 3 % of the total floor area of buildings owned by public bodies in a given year it may deliver less the following years to reach the annual average counted over a period of every five years. If a Member State renovates less than 3 % of the total floor area of buildings owned by public bodies in a given year it shall deliver more to reach the annual average counted over a period of every five years.
Amendment 569 #
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Member States may define minimum criteria for energy performance when renovating public buildings and should focus on older buildings which do not fulfil these criteria.
Amendment 575 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States may decide not to apply the obligations referred to in paragraph 1 to buildings or ensembles officially protected for their special architectural or historic value and to other historic buildings and ensembles of architectural or cultural value where compliance with certain minimum energy performance requirements would entail an unacceptable change in their character, fabric or appearance.
Amendment 593 #
3a. When planning implementation measures under this Article, Member States shall provide financial and technical support and submit plans addressing the lack of workforce and qualified professionals needed for all stages of the green transition, including craftsmen as well as high-skilled green technology experts, applied scientists and innovators. Member States shall support public bodies to take into account the wider benefits beyond energy savings, such as healthy indoor climate with improved indoor air and environmental quality as well as the improvement of quality of life especially for schools, daycares, sheltered housing, nursing homes and hospitals.
Amendment 597 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that contracting authorities and contracting entities, when concluding public contracts and concessions with a value equal to or greater than the thresholds laid down in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and Article 15 of Directive 2014/25/EU, purchase only products, services, buildings and works with high energy-efficiency performance, insofar as that is consistent with cost- effectiveness, economical feasibility, wider sustainability, technical suitability, security of supply, as well as sufficient competition, in accordance with the requirements referred to in Annex IV to this Directive .
Amendment 610 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
To ensure transparency in the application of energy efficiency requirements in the procurement process, Member States shall make publicly available information on the energy efficiency impact of contracts with a value equal to or greater than the thresholds referred to in paragraph 1. Contracting authorities may decide to require that tenderers disclose information on the life cycle global warming potential of a new building including the use of low carbon materials and the circularity of the materials used and may make that information publically available for the contracts, in particular for new buildings having a floor area larger than 2000 square meters.
Amendment 612 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 664 #
Proposal for a directive
Article 8 – paragraph 8 – point g a (new)
Article 8 – paragraph 8 – point g a (new)
(g a) exclude from the calculation of the amount of required energy savings all waste heat recovered and self-consumed in buildings and industry, either directly as heat or transformed into electricity, resulting from policy measures promoting new installation of waste heat recovery technologies.
Amendment 715 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that enterprises with an average annual consumption higher than 100TJ of energy over the previous three years and taking all energy carriers together, implement an energy management system. For this purpose, Member States may rely on already existing systems. The energy management system shall be certified by an independent body according to the relevant European or International Standards.
Amendment 731 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
The results of the energy audits including the recommendations from these audits must result in concrete and feasible implementation plans including prices and payback time of each recommended energy efficiency action and shall be transmitted to the management of the enterprise. Member States shall ensure that the results and the implemented recommendations are published in the enterprise’s annual report, where applicablesuch information is not considered confidential by the enterprise in question.
Amendment 758 #
Proposal for a directive
Article 11 – paragraph 10
Article 11 – paragraph 10
10. Without prejudice to paragraphs 1 to 9, Member States shall require, by 15 March 2024 and every year thereafter, owners and operators of every data centre in their territory with a significantfinal energy consumption of more than 1 GWh per year to make publicly available the information set out in Annex VI (`Minimum requirements for monitoring and publishing the energy performance of data centres´), which Member States shall subsequently report to the Commission.
Amendment 764 #
Proposal for a directive
Article 12 – title
Article 12 – title
12 Metering for natural gas, heating, cooling, domestic hot water and electricity
Amendment 765 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that, in so far as it is technically possible, financially reasonable, and proportionate to the potential energy savings, for natural gas , heating, cooling, domestic hot water and electricity final customers are provided with competitively priced individual meters that accurately reflect the final customer's actual energy consumption and that provide information on actual time of use.
Amendment 766 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. Where heating, cooling or domestic hot water is supplied to a building from a central source that services multiple buildings or from a district heating or district cooling system, a meter shall be installed at the heat exchanger or point of delivery.
Amendment 767 #
Proposal for a directive
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where, and to the extent that, Member States implement intelligent metering systems and roll out smart meters for natural gas and/or electricity in accordance with Directive 2009/73/EC:
Amendment 769 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. All data regarding the final customer's energy consumption belongs to the final energy customer. For the purposes of Articles 13 and 14, newly installed meters and heat cost allocators shall be remotely readable devices and be able to deliver information such as detailed power consumption, temperatures (regarding Article 13), and phase load (regarding Article 14). All data shall be made easily available in real time and shareable for the final energy customer. The conditions of technical feasibility and cost effectiveness set out in Article 14(1) shall apply.
Amendment 775 #
Proposal for a directive
Article 20 – paragraph 2 – point h
Article 20 – paragraph 2 – point h
(h) information relating to consumer rights, including information on complaint handling and all of the information referred to in this paragraph, which is clearly communicated on the bill or the undertaking's web site. This information shall include the contact details or link to the website of the single point of contact referred to in paragraph 2 point (iv) of Article 21 of this Directive.
Amendment 788 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall in cooperation with regional and local authorities where possible ensure that information on available energy efficiency improvement measures, on customer rights and protections in electricity, heating, cooling and domestic hot water and on individual actions and financial and legal frameworks is transparent and widely disseminated to all relevant market actors, such as final customers, final users,, consumer organisations, civil society representatives, renewable energy communities, citizen energy communities, local and regional authorities, energy agencies, social service providers, builders, architects, engineers, environmental and energy auditors, and installers of building elements as defined in by Article 2(9) of Directive 2010/31/EU.
Amendment 796 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 2 – point i
Article 21 – paragraph 2 – subparagraph 2 – point i
(i) creation of one-stop shops or similar mechanisms for the provision of technical, administrative and financial advice and assistance on energy efficiency, including energy renovations of buildings and the take-up of renewable energy and energy storage for buildings to final customers and final users, especially household and small non-household onSMEs and micro enterprises.
Amendment 798 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall establish appropriate conditions for market actors to provide adequate and targeted information and advice to final consumers , including vulnerable customers, SMEs, micro- enterprises, people affected by energy poverty and, where applicable, people living in social housing on energy efficiency.
Amendment 801 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
Measures to remove such barriers may include providing incentives, repealing or amending legal or regulatory provisions, including on financing and the possibility to turn to third party financing solutions, or adopting guidelines and interpretative communications, or simplifying administrative procedures , including national rules and measures regulating decision-making processes in multi-owner properties . The measures may be combined with the provision of education, training and specific information and technical assistance on energy efficiency to market actors such as those referred in paragraph 1 .
Amendment 802 #
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
Member States shall take appropriate measures to support a multilateral dialogue with the participation of relevant local and regional authorities, public and social partners such as owners and tenants organisations, consumer organisations, energy distributor or retail energy sales company, energy service companies, renewable energy communities, citizen energy communities local and regional authorities, relevant public authorities and agencies and the aim to set out proposals on jointly accepted measures, incentives and guidelines pertinent to the split of incentives between the owners and tenants or among owners of a building or building unit.
Amendment 819 #
Proposal for a directive
Article 22 – paragraph 3 – point e
Article 22 – paragraph 3 – point e
e) foster technical assistanto develop or upscale one-stop shops services for social actors to promote vulnerable customer´s active engagement in the energy market, and positive changes in their energy consumption behaviourSMEs, micro enterprises and vulnerable households in cooperation with relevant authorities and private stakeholders;
Amendment 822 #
Proposal for a directive
Article 22 – paragraph 4 – introductory part
Article 22 – paragraph 4 – introductory part
4. Member States shall establish a network of experts from various sectors such as health sector, buildenergy sector, building sector, heating and cooling sector and social sectors to develop strategies to support local and national decision makers in implementing energy efficiency improvement measures alleviating energy poverty, measures to generate robust long term solutions to mitigate energy poverty and to develop appropriate technical assistance and financial tools. Member States shall strive to ensure a network of experts’ composition that ensures gender balance and reflects the perspectives of people in all their diversity.
Amendment 828 #
Proposal for a directive
Article 22 – paragraph 4 – subparagraph 1 – point d a (new)
Article 22 – paragraph 4 – subparagraph 1 – point d a (new)
d a) to develop or upscale one-stop shops services for SMEs, micro enterprises and vulnerable households in cooperation with relevant authorities and private stakeholders;
Amendment 855 #
Proposal for a directive
Article 23 – paragraph 6 – point c
Article 23 – paragraph 6 – point c
(c) be prepared with the involvement of all relevant regional or local stakeholders and ensure participation of general public. The involvement of operators of local energy infrastructure at an early stage shall be mandatory;
Amendment 856 #
Proposal for a directive
Article 23 – paragraph 6 – point c a (new)
Article 23 – paragraph 6 – point c a (new)
Amendment 860 #
Proposal for a directive
Article 23 – paragraph 6 – point e a (new)
Article 23 – paragraph 6 – point e a (new)
(e a) include a strategy to support the replacement of inefficient heating and cooling appliances with highly efficient alternatives, based on renewable and decarbonised energy sources;
Amendment 863 #
Proposal for a directive
Article 23 – paragraph 6 – point e b (new)
Article 23 – paragraph 6 – point e b (new)
Amendment 866 #
Proposal for a directive
Article 23 – paragraph 6 – subparagraph 1
Article 23 – paragraph 6 – subparagraph 1
Member States shall ensure that the public isand relevant private stakeholders are given the opportunity to participate in a time and cost-efficient way in the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.
Amendment 869 #
Proposal for a directive
Article 23 – paragraph 6 – subparagraph 2
Article 23 – paragraph 6 – subparagraph 2
For this purpose, Member States shall develop recommendations supporting the regional and local authorities to implement policies and measures in energy efficient and renewable energy based heating and cooling at regional and local level utilising the potential identified. Member States shall support regional and local authorities to the utmost extent possible by any means including financial support and technical support schemes. Member States shall ensure that heating and cooling plans are aligned with other local climate, energy and environment planning requirements, in terms of content and dates, to avoid duplication of work and administrative burden for local and regional authorities and encourage the effective implementation of the plans.
Amendment 872 #
Proposal for a directive
Article 23 – paragraph 6 a (new)
Article 23 – paragraph 6 a (new)
6 a. Local heating and cooling plans may be carried out jointly by a group of several neighbouring local authorities if the geographical and administrative context as well as the heating and cooling infrastructure is appropriate.
Amendment 884 #
Proposal for a directive
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
a. until 31 December 20259, a system using at least 50% renewable energy, 50% waste heat, 75% cogenerated heat or 50% of a combination of such energy and heat;
Amendment 941 #
Proposal for a directive
Article 24 – paragraph 2
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 gadirect carbon dioxide emissions in existing heat sources compared to the annual consumptemission 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. Furthermore, Member States shall ensure that the geographic routing of existing district heating and cooling systems are mapped and published.
Amendment 963 #
Proposal for a directive
Article 24 – paragraph 4 – subparagraph 1
Article 24 – paragraph 4 – subparagraph 1
For the purposes of increasing energy efficiency of heat and cooling supply, Member States shall ensure that regulative barriers for the utilisation of waste heat are removed and sufficient support for the uptake of waste heat into heat and cooling supply networks is provided where the installations referred to in point (a), (b), (c), (d) are newly planned or refurbished. For the purpose of assessing on-site waste heat for the purpose of points (b) to (d), energy audits in line with Annex VI may be carried out instead of the cost benefit analysis set out in this paragraph.
Amendment 970 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. National energy regulatory authorities shall apply the energy efficiency first principle in accordance with Article 3 of this Directive and take into account cost efficiency, system efficiency and security of supply in carrying out the regulatory tasks specified in Directives (EU) 2019/944 and 2009/73/EC regarding their decisions on the operation of the gas and electricity infrastructure , including their decisions on network tariffs without prejudice to the principles of non- discrimination and cost-reflectiveness. In taking these decisions, national energy regulatory authorities shall consider, in addition to the energy efficiency first principle, a lifecycle approach safeguarding the EU’s climate targets and sustainability.
Amendment 991 #
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Member States may permit components of schemes and tariff structures with a social aim for net-bound energy transmission and distribution, provided that any disruptive effects on the transmission and distribution system are kept to the minimum necessary without hampering the principle of cost- reflectiveness of network tariffs and are not disproportionate to the social aim.
Amendment 997 #
Proposal for a directive
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Amendment 998 #
Proposal for a directive
Article 26 – paragraph 1 b (new)
Article 26 – paragraph 1 b (new)
1 b. The Commission shall set up a single point of access platform for support and sharing knowledge related to ensure the appropriate level of qualified professionals to reach EU’s climate and energy targets by 12 months after the entry into force of this directive. The platform shall gather Member States, social partners, education institutions, academia and other relevant stakeholders to foster and promote best practices to ensure more energy efficiency professionals as well and re-skill and up- skill professionals in order to meet the market needs and connect the challenge to ongoing EU initiatives such as the Social Climate Fund, ERASMUS+ and European New Bauhaus.
Amendment 1000 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that national certification, or equivalent qualification schemes, including, where necessary, training programmes, take into accountare based on existing European or international standards.
Amendment 1002 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Member States shall assess by 31 December 2024 and every foursecond years thereafter whether the schemes ensure the necessary level of competences for energy services providers, energy auditors, energy managers, independent experts and installers of building elements pursuant to Directive 2010/31/EU, and. They shall also assess the gap between available and needed professionals in the before- mentioned careers. They shall make the assessment and recommendations thereof publically available.
Amendment 1010 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission shall, where appropriate, directly or via the European financial institutions, assist Member States, regions and metropolitan areas in setting up financing facilities and project development assistance facilities at national, regional or local level with the aim of increasing investments in energy efficiency in different sectors , with a focus on ensuring access to finance for SMEs and protecting and empowering vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing including by integrating an equality perspective so that no one is left behind .
Amendment 1014 #
Proposal for a directive
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4 a. The Commission shall within 12 months of the entry into force of this Directive carry out an assessment of the potential contribution of EU funds invested for energy efficiency in enterprises, taking into account public financing needs expressed in the National Energy and Climate Plans, with the purpose of improving the use of funds.
Amendment 1023 #
Proposal for a directive
Article 28 – paragraph 12
Article 28 – paragraph 12
12. Member States may use their revenues from annual emission allocations under Decision No 406/2009/EC for the development of innovative financing for cost-efficient energy efficiency improvements .
Amendment 1026 #
Proposal for a directive
Article 29 – paragraph 7
Article 29 – paragraph 7
7. By 25 December 2022 and every four years thereafter, the Commission shall revise the default coefficient on the basis of observed data. That revision shall be carried out taking into account its effects on other Union law such as Directive 2009/125/EC and Regulation (EU) 2017/1369. The methodology shall be regularly assessed to ensure that energy savings lead to the highest level of greenhouse gas emission reductions while contributing to the phase out of fossil fuels.
Amendment 1033 #
Proposal for a directive
Article 32 a (new)
Article 32 a (new)
Article 32 a Compensatory regulatory reduction The Commission shall present, by [1 year before the entry into force of this Directive], and in line with its communication on the application of the “one in, one out” principle, proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other EU legislation that generate unnecessary compliance costs in the concerned sectors. The Commission shall continuously adapt to best practice administrative procedures and take all the measures to simplify the enforcement of this Directive, keeping administrative burdens to a minimum.1a _________________ 1a EC press release on the working methods of the Von der Leyen Commission, 4 December 2019.
Amendment 1034 #
Proposal for a directive
Article 33 – paragraph 2 – subparagraph 1
Article 33 – paragraph 2 – subparagraph 1
This evaluation shall be submitted to the European Parliament and the Council in form of a report. The Commission may propose, if appropriate, measures to ensure the achievement of the Union's climate energy targets.
Amendment 1035 #
Proposal for a directive
Article 33 – paragraph 7 – subparagraph 1 – point a a (new)
Article 33 – paragraph 7 – subparagraph 1 – point a a (new)
(a a) a comprehensive assessment of the aggregated macroeconomic impact of this Directive, with emphasis on the effects on the Union’s economic growth, competitiveness, job creation, transport and mobility rates, household purchasing power and the magnitude of carbon leakage;
Amendment 1036 #
Proposal for a directive
Article 33 – paragraph 7 – subparagraph 1 – point b
Article 33 – paragraph 7 – subparagraph 1 – point b
(b) the Union's 2030 headline targets on energy efficiency set out in Article 4(1) with a view to revising those that targets upwards in the event of substantial cost reductions resulting from economic or technological developments, or where needed to meet the Union's decarbonisation targets for 2040 or 2050, or its international commitments for decarbonisation, without prejudice to parts of the energy saving obligation in order to allow for new requirements under this Directive as well as Directive (EU) 2022/... of the European Parliament and of the Council [on the energy performance of buildings] to take effect, and with a view to creating greater flexibility and better synergies between energy efficiency measures and the deployment of renewable energy production capacities;
Amendment 1042 #
Proposal for a directive
Article 33 – paragraph 7 – subparagraph 2
Article 33 – paragraph 7 – subparagraph 2
That report shall be accompanied, where appropriate, by proposals for further measures by a comprehensive assessment of the potential revisions of this Directive with regards to regulatory simplification and, where appropriate, by proposals for further measures. The Commission shall continuously adapt to best practice administrative procedures and take all the measures to simplify the enforcement of this Directive, keeping administrative burdens to a minimum.
Amendment 1043 #
Proposal for a directive
Article 33 – paragraph 7 a (new)
Article 33 – paragraph 7 a (new)
7 a. By 1 January 2030, and every five years thereafter, the Commission shall evaluate the aggregated macroeconomic impact of the Directives and Regulations that make up the Fit for 55 package, with emphasis on the effects on the Union’s economic growth, competitiveness, job creation, transport and mobility rates, household purchasing power and the magnitude of carbon leakage.
Amendment 1070 #
Proposal for a directive
Annex III – point a – paragraph 1 – indent 3
Annex III – point a – paragraph 1 – indent 3
— direct emissions of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 27310 gCO2 per 1 kWh of energy output from the combined generation (including heating/cooling, power and mechanical energy) on average over the lifetime of the plant.
Amendment 1074 #
Proposal for a directive
Annex III – point a – paragraph 1 – indent 3 a (new)
Annex III – point a – paragraph 1 – indent 3 a (new)
- From 1 January 2031, new cogeneration plants shall be low carbon and hydrogen-ready, which means that the appropriate technical and spatial prerequisites for the conversion to operation with 100% low carbon hydrogen are already provided for during the construction of the plants, and the conversion can be realised with low additional investment costs.
Amendment 1077 #
Proposal for a directive
Annex III – point a – paragraph 1 – indent 4
Annex III – point a – paragraph 1 – indent 4
— When a cogeneration unit is built or substantially refurbished, Member States shall ensure that there is no increase in the use of fossil fuels other than natural gadirect carbon dioxide emissions in existing heat sources compared to the annual consumptemissions 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.
Amendment 1103 #
Proposal for a directive
Annex V – point 2 – point f – point i
Annex V – point 2 – point f – point i
(i) Union emission performance standards for new passenger cars and new light commercial vehicles following the implementation of Regulation (EU) 2019/631 of the European Parliament and of the Council107 ; Member States must provide evidence, their assumptions and their calculation methodology to show additionality to the Union´s new vehicle CO2 requirements. Member States shall base their calculation methodology on a life-cycle analysis for the respective vehicles, taking into account greenhouse gas emissions generated at production and during and after their operational lifetime, as well as the greenhouse gas intensity of the actual energy mix for electricity generation in that same Member State; _________________ 107 Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).
Amendment 1105 #
Proposal for a directive
Annex V – point 2 – point g
Annex V – point 2 – point g
(g) policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted , exceptincluding those policy measures regarding the use of direct combustion of fossil fuel technologies that are implemented as from 1 January 2024 ; as long as they comply with the most up to date corresponding European emission performance legislation and if they prevent technology lock-ins by ensuring future compatibility with climate-neutral alternative fuels and technologies;
Amendment 1137 #
Proposal for a directive
Annex V – point 2 – point k
Annex V – point 2 – point k
(k) for policies that accelerate the uptake of more efficient products and vehicles, exceptincluding those regarding the use of direct fossil fuel combustion only when they comply with the most up to date corresponding European emission performance legislation and if they prevent technology lock-ins by ensuring future compatibility with climate-neutral alternative fuels and technologies, full credit may be claimed, provided that it is shown that such uptake takes place before expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until end of the average expected lifetime of the product or vehicle to be replaced;
Amendment 1159 #
Proposal for a directive
Annex VI – paragraph 1 – introductory part
Annex VI – paragraph 1 – introductory part
The energy audits referred to in Article 11 shall be based on European and international standards and the following criteria :