198 Amendments of Seán KELLY 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 172 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) A system approach should be taken when applying the energy efficiency first principle while paying attention to security of supply and the transition to climate neutrality. Cost-effectiveness and wider benefits of energy efficiency measures from a societal perspective should be assessed when making strategic decisions, designing regulatory frameworks and planning future investment schemes. Demand side resources and flexibility should be considered as part of energy efficiency solutions from a system efficiency perspective. At asset level the principle should lead to the selection of energy- efficient solutions, whenever they also represent a cost-effective decarbonisation pathway.
Amendment 174 #
Proposal for a directive
Recital 16
Recital 16
(16) A fair transition towards a climate- neutral Union by 2050 is central to the European Green Deal. Energy poverty is a key concept consolidated in the legislative package entitled ‘Clean Energy for All Europeans’ and designed to facilitate a just energy transition. Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council53 , the Commission provided indicative guidance on appropriate indicators for measuring energy poverty and defining what a ‘significant number of households in energy poverty’ is.54 Directive (EU) 2019/944 and Directive 2009/73/EC of the European Parliament and of the Council55 requires Member States to take appropriate measures to address energy poverty wherever it is identified, whether it affects vulnerable households, transport users, SMEs, micro-enterprises, including measures addressing the broader context of poverty. _________________ 53 Directive (EU) 2019/944 of the European Parliament and of the Council on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125). 54 Commission Recommendation on energy poverty, C(2020) 9600 final. 55 Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).
Amendment 175 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Transport poverty has been underexposed and no clear EU-level or national definitions are available. However, the problem is becoming more pressing to address in light of the high prices for fuels, tickets and other mobility expenditures and given the high dependencies on transport availability and accessibility to go to work or for daily mobility needs, in particular for those living in rural, insular, mountainous, remote, outermost, or less accessible areas or for less developed regions or territories, including less developed peri-urban areas.
Amendment 179 #
Proposal for a directive
Recital 17
Recital 17
(17) Low and medium income households, vulnerable transport users and customers, including final users, people facing or risking energy poverty and people living in social housing as well as SMEs and micro-enterprises should benefit from the application of the energy efficiency first principle. Energy efficiency measures should be implemented as a priority to improve the situations of those individuals and households or to alleviate energy poverty. A holistic approach in policy making and in implementing policies and measures requires Member States to ensure that other policies and measures have no adverse effect on these individuals and households.
Amendment 192 #
Proposal for a directive
Recital 25
Recital 25
(25) It would be preferable for the energy efficiency target to be achieved as a result of the cumulative implementation of specific local, regional, national and European measures promoting energy efficiency in different fields. Member States should be required to set national energy efficiency policies and measures . Those policies and measures and the individual efforts of each Member State should be evaluated by the Commission, alongside data on the progress made, to assess the likelihood of achieving the overall Union target and the extent to which the individual efforts are sufficient to meet the common goal.
Amendment 195 #
(28) To fulfil their obligation, Member States should target the final energy consumption of all public services and installations of public bodies. To determine the scope of addressees, Member States should apply the definition of contracting authorities provided in the Directive 2014/24/EU of the European Parliament and of the Council60 . The obligation can be fulfilled by the reduction of final energy consumption in any area of the public sector, including transport, public buildings, healthcare, spatial planning, water management and wastewater treatment, sewage and water purification, waste management, district heating and cooling, energy distribution, supply and storage, public lighting, infrastructure planning. To lower the administrative burden for public bodies, Member States should establish digital platforms or tools to collect the aggregated consumption data from all public bodies, make them publicly available, and report the data to the Commission. Member States should ensure public bodies are sufficiently equipped for such data gathering. _________________ 60 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, OJ L 94 28.3.2014, p. 65.
Amendment 198 #
Proposal for a directive
Recital 29
Recital 29
(29) Member States should exercise an exemplary role by ensuring that all energy performance contracts, energy audits and energy management systems are carried out in the public sector in line with European or international standards, or that energy audits are used to a large extent in the intense energy consuming parts of the public sector. Member States should provide clear guidance and procedures for the use of these instruments.
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 204 #
Proposal for a directive
Recital 32
Recital 32
(32) Buildings and transport, alongside industry, are the main energy users and main source of emissions.61 Buildings are responsible for about 40% of the Union’s total energy consumption and for 36% of its GHG from energy.62 The Commission Communication entitled Renovation Wave63 addresses the twin challenge of energy and resource efficiency and affordability in the building sector and aims at doubling the renovation rate. It focusses on the worst performing buildings, energy poverty and on public buildings. Moreover, buildings are crucial to achieving the Union objective of reaching climate neutrality by 2050. Buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life. It is therefore appropriate to set an annual rate of renovation of buildings owned by public bodies on the territory of a Member State to upgrade their energy performance. Member States are invited to set a higher renovation rate, where that is cost-effective in the framework of the renovation of their buildings stock in conformity with their Long Term Renovation Strategies or national renovation programmes. That renovation rate should be without prejudice to the obligations with regard to nearly- zero energy buildings (NZEBs) set in Directive 2010/31/EU of the European Parliament and of the Council.64 Member States should have the possibility to decide to apply less stringent requirements to some buildings such as buildings with special architectural or historical merit if they can prove the incompatibility with the NZEB requirements. During the next review of Directive 2010/31/EU, the Commission should assess the progress Member States achieved regarding the renovation of public bodies’ buildings. The Commission should consider submitting a legislative proposal to revise the renovation rate, while taking into account the progress achieved by the Member States, substantial economic or technical developments, or where needed, the Union´s commitments for decarbonisation and zero pollution. The obligation to renovate public bodies’ buildings in this Directive complements that Directive, which requires Member States to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet the requirements on NZEBs. if cost-efficient and technically feasible. Additional guidance should be provided by the European Commission and the Member States on the deep renovation of buildings with historic value. _________________ 61 COM/2020/562 final. 62 See IRP, Resource Efficiency and Climate Change, 2020, and UN Environment Emissions Gap Report, 2019. These figures refer to the use and operation of buildings, including indirect emissions in the power and heat sector, not their full life cycle. The embodied carbon in construction is estimated to account for about 10% of total yearly greenhouse gas emissions worldwide. 63 COM/2020/662 final. 64 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 212 #
Proposal for a directive
Recital 33
Recital 33
(33) To set the rate of renovations, Member States need to have an overview of the buildings that do not reach the NZEB level. Therefore, Member States should publish and keep updated an inventory of public buildings including social housing as part of an overall database of energy performance certificates. That inventory should enable also private actors including energy service companies to propose renovation solutions and they can be aggregated by the Union Building Stock Observatory.
Amendment 213 #
Proposal for a directive
Recital 34
Recital 34
(34) In 2020, more than half of the world’s population lives in urban areas. That figure is expected to reach 68% by 205065 . In addition, half of the urban infrastructures by 2050 are still to be built66 . Cities and metropolitan areas are centres of economic activity, knowledge generation, innovation and new technologies. Cities influence the quality of life of the citizens who live or work in them. Member States should support municipalities technically and financially. A number of municipalities, regional authorities and other public bodies in the Member States have already put into place integrated approaches to energy saving and energy supply, for example via sustainable energy action plans, such as those developed under the Covenant of Mayors initiative, and integrated urban approaches which go beyond individual interventions in buildings or transport modes. These local and regional authorities, being at the forefront of the energy transition, should receive financial support from existing EU funds such as the Recovery and Resilience Facility, Structural Funds and the Cohesion Policy Funds, the Rural Development Fund and the Just Transition Fund, as well as the financial instruments and technical assistance available under InvestEU. _________________ 65 https://www.unfpa.org/world- population-trends 66 https://www.un.org/en/ecosoc/integration/p df/fact_sheet.pdf
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 221 #
Proposal for a directive
Recital 41
Recital 41
(41) The global warming potential over the full life-cycle measures the greenhouse gas emissions associated with the building at different stages along its life cycle. It therefore measures the building’s overall contribution to emissions that lead to climate change. That is sometimes referred to as a carbon footprint assessment or the whole life carbon measurement. It brings together carbon emissions embodied in building materials with direct and indirect carbon emissions from use stage. Buildings are a significant material bank, being repositories for carbon intensive resources over many decades, and so it is important to explore designs that facilitate future reuse and recycling at the end of the operational life in line with the New circular economy action plan, to address the sustainability performance of construction products, the Member States need to promote circularity, durability, and adaptability of building materials.
Amendment 223 #
Proposal for a directive
Recital 45
Recital 45
(45) The energy savings obligation established by this Directive should be increased and should also apply after 2030 . That ensures stability for investors and thus encourage long-term investments and long-term energy efficiency measures, such as the deep or staged-deep renovation of buildings with the long-term objective of facilitating the cost effective transformation of existing buildings into NZEBs with the exception of historic buildings or buildings with special architecture for which less stringent requirements may apply. The energy savings obligation has an important role in the creation of local growth, jobs, competitiveness and alleviating energy poverty. It should ensure that the Union can achieve its energy and climate objectives by creating further opportunities and to break the link between energy consumption and growth. Cooperation with the private sector is important to assess the conditions on which private investment for energy efficiency projects can be unlocked and to develop new revenue models for innovation in the field of energy efficiency.
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 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 255 #
Proposal for a directive
Recital 53
Recital 53
(53) As an alternative to requiring obligated parties to achieve the amount of cumulative end-use energy savings required under Article 8(1) of this Directive, it should be possible for Member States, in their obligation schemes, to permit or require obligated parties to contribute to an Energy Efficiency National Fund , which could be used to implement policy measures as a priority among vulnerable customers, transport users, SMEs, micro-enterprises, people affected by energy poverty and people living in social housing .
Amendment 260 #
Proposal for a directive
Recital 54
Recital 54
(54) Member States and obligated parties should make use of all available means and technologies , except regarding the use of non future proof direct fossil fuel combustion technologies which are not ready for renewables and decarbonised energy sources, to achieve the cumulative end-use energy savings required, including by promoting sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure and energy audits or equivalent management systems, provided that the energy savings claimed comply with the requirements laid down in Article 8 and Annex V to this Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative policy measures. Member States should encourage actions resulting in energy savings over the long lifetimes.
Amendment 267 #
Proposal for a directive
Recital 59
Recital 59
(59) Consideration of the water-energy nexus is particularly important to address the interdependent energy and water use and the increasing pressure on both resources. The effective management of water can make a significant contribution to energy savings yielding not only climate benefits, but also economic and social benefits. The water and wastewater sectors account for 3,5% of electricity use in the Union and that share is expected to rise. At the same time, water leaks account for 24% of total water consumed in the Union and the energy sector is the largest consumer of water, accounting for 44% of consumption. The potential for energy savings through the use of smart technologies and processes across all industrial, residential and commercial water cycles and applications should be fully explored and applied whenever cost- effective and the energy efficiency first principle should be considered. In addition, advanced irrigation technologies, rainwater harvesting and water reuse technologies could substantially reduce water consumption in agriculture, buildings and industry and the energy used for treating and transporting it .
Amendment 269 #
Proposal for a directive
Recital 60
Recital 60
(60) In accordance with Article 9 of the Treaty , the Union's energy efficiency policies should be inclusive and should therefore ensure equal access to energy efficiency measures for all consumers affected by energy poverty. Improvements in energy efficiency should, be implemented as a priority among vulnerable customers and final users , people affected by energy poverty, and, where appropriate, among medium-income households and people living in social housing , elderly people and those living in rural and remote areas . In this context, specific attention should be paid to particular groups which are more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as women, persons with disabilities, elderly people, children, and persons with a minority racial or ethnic background. Member States can require obligated parties to include social aims in energy-saving measures in relation to energy poverty and this possibility had already been extended to alternative policy measures and Energy Efficiency National Funds. That should be transformed into an obligation to protect and empower vulnerable customers and final users and to alleviate energy poverty , while allowing Member States to retain full flexibility with regard to the type of policy measure, their size, scope and content. If an energy efficiency obligation scheme does not permit measures relating to individual energy consumers, the Member State may take measures to alleviate energy poverty by means of alternative policy measures alone. Within its policy mix, Member States should ensure that other policy measures do not have an adverse effect on vulnerable customers, transport users, SMEs, micro-enterprises, final users, people affected by energy poverty and, where applicable, people living in social housing. Member States should make best possible use of public funding investments into energy efficiency improvement measures, including funding and financial facilities established at Union level.
Amendment 272 #
Proposal for a directive
Recital 61
Recital 61
(61) This Directive refers to the concept of vulnerable customers, which Member States are to establish pursuant to Directive (EU) 2019/944. In addition, pursuant to Directive 2012/27/EU, the notion of ‘final users’ alongside the notion of ‘final customer’ clarifies that the rights to billing and consumption information also apply to consumers without individual or direct contracts with the supplier of energy used for collective heating, cooling or domestic hot water production systems in multi- occupant buildings. The concept of vulnerable customers does not necessarily ensure the targeting of final users. Therefore, in order to ensure that the measures set out in this Directive reach all individuals and, households, SMEs and micro- enterprises in a situation of vulnerability, Member States should include not only customers, in its strict sense, but also final users, in establishing their definition of vulnerable customers.
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 284 #
Proposal for a directive
Recital 66
Recital 66
(66) The information and communications technology (ICT) sector another important sector which receives increasing attention. In 2018 the energy consumption of data centres in the EU was 76,8 TWh. This is expected to rise to 98.5 TWh by 2030, a 28% increase. This increase in absolute terms can as well be seen in relative terms: within the EU, data centres accounted for 2,7% of electricity demand in 2018 and will reach 3,21% by 2030 if development continues on the current trajectory75 . Europe’s Digital Strategy already highlighted the need for highly energy-efficient and sustainable data centres and calls for transparency measures for telecommunication operators on their environmental footprint. To promote sustainable development in the ICT sector, particularly of data centres, Member States should collect and publish data, according to a European harmonised template, which is relevant for the energy performance, and water footprint and demand-side flexibility of data centres. Member States should collect and publish data only about data centres with a significant footprintn installed IT power demand of at least 100 kW, for which appropriate design or efficiency interventions, for new or existing installations respectively, can result in a considerable reduction of the energy and water consumption, an increase in systems efficiency promoting decarbonization of the grid or in the reuse of waste heat in nearby facilities and heat networks. A dData centre sustainability indicator cans should be established on the basis of that data collected. The Commission should prepare guidelines setting out the information to be provided on data centres, after carrying out consultations with relevant stakeholders and considering existing standardised metrics. It is imperative to have a harmonised approach across Europe, in order to avoid different reporting schemes and key performance indicators between Member States. _________________ 75 https://digital- strategy.ec.europa.eu/en/library/energy- efficient-cloud-computing-technologies- and-policies-eco-friendly-cloud-market
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 299 #
Proposal for a directive
Recital 80 a (new)
Recital 80 a (new)
(80a) When assessing the potential for efficient heating and cooling, Member States shall take wider environmental, health and safety aspects into account. Due to the role of heat pumps for realising energy efficiency potentials in heating and cooling, the risks of negative environmental impacts from refrigerants that are persistent, bioaccumulative or toxic should be minimised.
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 305 #
Proposal for a directive
Recital 90
Recital 90
(90) It is necessary to set out provisions related to billing, single point of contact, out-of-court dispute settlement, energy poverty and basic contractual rights, with the aim of aligning them, where appropriate, with the relevant provisions regarding electricity pursuant to Directive (EU) 2019/944, in order to strengthen consumer protection and enable final customers to receive more frequenthave direct access to detailed, clear and up-to-date information about their electricity, heating, cooling or domestic hot water consumption and to regulate their energy use making energy consumption fully transparent for consumers.
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 313 #
Proposal for a directive
Recital 96
Recital 96
(96) It is necessary to ensure that people affected by energy poverty, vulnerable customers, transport users, SMEs, micro- enterprises and, where applicable, people living in social housing are protected and, to this end, empowered to actively participate in the energy efficiency improvement interventions, measures and related consumer protection or information measures that Member States implement.
Amendment 316 #
(97) Public funding available at national and Union level should be strategically invested into energy efficiency improvement measures, in particular for the benefit of vulnerable customers, transport users, SMEs, micro-enterprises, people affected by energy poverty and those living in social housing. Member States should take advantage of any financial contribution they might receive from the Social Climate Fund82 , and of revenues from allowances from the EU Emissions Trading System. These revenues will support Member States in fulfilling their obligation to implement energy efficiency measures and policy measures under the energy savings obligation as a priority among vulnerable customers, transport users, SMEs, micro-enterprises and people affected by energy poverty, which may include those living in rural and remote regions. _________________ 82 Proposal for a Regulation of the European Parliament and of the Council establishing a Social Climate Fund, COM 2021 568 final.
Amendment 325 #
Proposal for a directive
Recital 108
Recital 108
(108) Member States and, regions and cities should be encouraged to make full use of the European funds available in the MFF and Next Generation EU including the Recovery and Resilience Facility, the Cohesion Policy Fund s , the Rural Development Fund and the Just Transition Fund, as well as the financial instruments and technical assistance available under InvestEU, to trigger private and public investments in energy efficiency improvement measures. Investment in energy efficiency has the potential to contribute to economic growth, employment, innovation and a reduction in energy poverty in households, and therefore makes a positive contribution to economic, social and territorial cohesion and green recovery . Potential areas for funding include energy efficiency measures in public buildings and housing, and providing new skillsthe training, reskilling and upskilling of professionals, in particular in jobs related to building renovation to promote employment in the energy efficiency sector. The Commission will ensure synergies between the different funding instruments, in particular the funds in the shared management and in the direct management (like the centrally-managed programmes: Horizon Europe or LIFE), as well as between grants, loans and technical assistance to maximise their leverage effect on private financing and their impact on the achievement of energy efficiency policy objectives.
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 328 #
Proposal for a directive
Recital 113
Recital 113
(113) Available Union funding programmes, financial instruments and innovative financing mechanisms should be used to give practical effect to the objective of improving the energy performance of public bodies’ buildings. In that respect, Member States may use their revenues from annual emission allocations under Decision No 406/2009/EC in the development of such mechanisms on a voluntary basis and taking into account national budgetary rules. The Commission and Member States should provide regional and local administrations with adequate information on such programmes. The Covenant of Mayors platform could be one of the tools for providing adequate information.
Amendment 343 #
Proposal for a directive
Recital 125 a (new)
Recital 125 a (new)
(125a) The Commission shall in line with the European Climate Law establish sector-specific energy transition partnerships by bringing together key stakeholders in sectors such as the ICT, transport, financial and building sectors in an inclusive and representative manner.
Amendment 358 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) `energy system´ means a system primarily designed to supply energy- services to satisfy the demand of end-use sectors for energy in the forms of heat, cool, fuels, and electricity.
Amendment 366 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) 'input of energy' means the totality of resources required to generate energy;
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 378 #
Proposal for a directive
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘energy audit’ means a systematic procedure with the purpose of obtaining adequate knowledge of the energy consumption and management profile of a building or group of buildings, an industrial or commercial operation or installation or a private or public service, identifying and quantifying opportunities for cost-effective energywater, electricity and heating savings identifying the potential for cost- effective use or production of renewable energy and reporting the findings;
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 380 #
Proposal for a directive
Article 2 – paragraph 1 – point 29 b (new)
Article 2 – paragraph 1 – point 29 b (new)
(29b) ‘energy service company’ (ESCO) means a company delivering energy efficiency projects that are financed based on energy savings. ESCOs have the ability to implement projects in buildings, industry and transport in the private and public sector. Energy performance contracting (EPC) is the contractual model between the ESCO and the client;
Amendment 383 #
(45) ‘data centre’ means a structure, or group of structures, with the purpose of centralized accommodation, inter used to house, connection and operation of information technology and network telecommunicationse computer systems/servers and associated equipment providingfor data storage, processing and transport services together with all the facilities and infrastructures for powe/or distribution, and environmental control and the necessary levels of resilience and security required to provide the desired service availabilitys well as related activities;
Amendment 386 #
Proposal for a directive
Article 2 – paragraph 1 – point 45 a (new)
Article 2 – paragraph 1 – point 45 a (new)
(45a) ‘newly planned’ means material costs have not yet been incurred in respect of a planned new unit;
Amendment 388 #
Proposal for a directive
Article 2 – paragraph 1 – point 48
Article 2 – paragraph 1 – point 48
(48) ‘energy poverty’ means apoverty affecting household’s lack of access to essential energy services that underpin a decent standard of living and health, including adequate warmth, cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policiein the lowest income deciles whose energy costs exceed twice the median ratio between energy costs and disposable income after deduction of housing costs;
Amendment 391 #
Proposal for a directive
Article 2 – paragraph 1 – point 48 a (new)
Article 2 – paragraph 1 – point 48 a (new)
(48a) ‘transport user’ means households or enterprises using transport and mobility solutions;
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 403 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) non-energy sectors, where those sectors have an impact on energy consumption and energy efficiency, including, but not limited to, buildings, transport, water, information and communications technology (ICT) and agriculture.
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 414 #
Proposal for a directive
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) identify an entity responsible for monitoring the application of the energy efficiency first principle and the impacts of regulatory frameworks, including financial regulations, planning, policy and investment decisions on energy consumption and energy efficiency;
Amendment 415 #
Proposal for a directive
Article 3 – paragraph 3 – point b a (new)
Article 3 – paragraph 3 – point b a (new)
(ba) fully consider the interdependencies between energy use and use of other resources such as water;
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 465 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point e – point iii
Article 4 – paragraph 2 – subparagraph 2 – point e – point iii
(iii) development of all sources of renewable energies, nuclear energy, carbon capture and storage, energy storage;
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 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 525 #
Proposal for a directive
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
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 527 #
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Article 5 b Partnerships for energy transition 1. The Commission shall establish European sector-specific energy transition partnerships by bringing together key stakeholders in sectors such as the ICT, transport, financial and building sectors in an inclusive and representative manner. The Commission shall appoint a chair for each European sector-specific energy transition partnership, which should be set up within 12 months from the entry into force of this directive. 2. The partnerships shall facilitate climate dialogues and encourage sectors to draw up “energy transition roadmaps” in order to map available measures and technological options to achieve energy efficiency savings, prepare for renewable energy and decarbonize the sectors. Such roadmaps could make a valuable contribution in assisting sectors in planning the necessary investments needed to reach the objectives of this directive and the EU Climate Target Plan as well as facilitate cross-border cooperation between actors to strengthen the internal market of the European Union.
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 551 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Where public bodies occupy a building that they do not own, they shall exercise their contractual rights to the extent possible and encourage the building owner to execute a deep or staged-deep renovateion of the building to a nearly zero- energy building 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 and technically feasible. When concluding a new contract for occupying a building they do not own, public bodies shall aim for that building to fall into the top two energy efficiency classes on the energy performance certificate.
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 570 #
Proposal for a directive
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. Member States shall ensure that a staged renovation to nearly zero-energy building follows the steps in a renovation passport to reach the nearly zero-energy building renovation by 2030 with the aim to fulfil the total energy savings potential to the extent it is cost-efficient and technically feasible.
Amendment 574 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States may decide to apply less stringent requirements to the following categories of buildings: (a) buildings officially protected as part of a designated environment, or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would imply an unacceptable change in their character, fabric or appearance; (b) buildings owned by the armed forces or central government and serving national defence purposes, apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities; (c) buildings used as places of worship and for religious activities. The responsible authorities shall demonstrate the incompatibility of the NZEB requirements with the buildings indicated for exemption with the exception of officially protected buildings.
Amendment 576 #
Proposal for a directive
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. Member States shall encourage and support public bodies including social housing to use energy service companies and energy performance contracting to finance renovations and implement plans to maintain or improve energy efficiency in the long term with due regard for their respective competences and administrative set-up.
Amendment 577 #
Proposal for a directive
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. For the purposes of this Article , Member States shall make publicly available an inventory of heated and/or cooled public bodies’ including social housing buildings with a total useful floor area of more than 250 m2. This inventory shall be updated at least once a yearset up within 12 months of the entry into force of this directive. and updated at least once a year. The inventory shall be gathered in a user-friendly database compromising key indicators and if feasible be part of an overall database of energy performance certificates. The inventory shall also enable private actors including energy service companies to propose renovation solutions and they can be aggregated by the EU Building Stock Observatory. The inventory shall contain at least the following data:
Amendment 584 #
Proposal for a directive
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) the energy performance certificate of each building issued in accordance with Article 12 of Directive 2010/31/EU . If an energy performance certificate of the building does not exist, information about the buildings heat source, ventilation and cooling installations and other technical installations shall be provided.
Amendment 588 #
Proposal for a directive
Article 6 – paragraph 3 – point b a (new)
Article 6 – paragraph 3 – point b a (new)
(ba) age, usage type, typology and location (urban or rural) of the buildings.
Amendment 590 #
Proposal for a directive
Article 6 – paragraph 3 – point b b (new)
Article 6 – paragraph 3 – point b b (new)
(bb) the annual energy consumption of heat, electricity and hot water.
Amendment 591 #
Proposal for a directive
Article 6 – paragraph 3 – point b c (new)
Article 6 – paragraph 3 – point b c (new)
(bc) The measured energy savings resulting from the energy efficiency actions taken of public bodies’ including social housing.
Amendment 592 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1 (new)
Article 6 – paragraph 3 – subparagraph 1 (new)
Buildings facing less stringent requirements may be exempted from the inventory.
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 622 #
Proposal for a directive
Article 8 – paragraph 1 – point c
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. By derogation Member States may double count savings, up to a maximum of a third of the total savings commitment for any given period, where the results of such savings take place in housing and are based on digital energy efficiency metering technologies that have been certified at the EU or national level.
Amendment 639 #
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Member States shall implement energy efficiency obligation schemes, alternative policy measures, or a combination of both, or programmes or measures financed under an Energy Efficiency National Fund, as a priority among people affected by energy poverty, vulnerable customers, transport users, SMEs, micro-enterprises and, where applicable, people living in social housing. Member States shall ensure that policy measures implemented pursuant to this Article have no adverse effect on those persons. Where applicable, Member States shall make the best possible use of funding, including public funding, funding facilities established at Union level, and revenues from allowances pursuant to Article 22(3)(b) with the aim of removing adverse effects and ensuring a just and inclusive energy transition.
Amendment 645 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
In designing such policy measures, Member States shall consider and promote the role of renewable energy communities and citizen energy communities in the contribution to the implementation towards these policy measures. Member States shall remove unnecessary hurdles to ensure it is attractive to build energy communities and public administrations at all levels shall be duly trained on this subject.
Amendment 648 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2 – introductory part
Article 8 – paragraph 3 – subparagraph 2 – introductory part
Member States shall achieve a share of the required amount of cumulative end-use energy savings among people affected by energy poverty vulnerable customers, transport users, SMEs, micro-enterprises and, where applicable, people living in social housing. This share shall at least equal the proportion of households in energy poverty as assessed in their National Energy and Climate Plan established in accordance with Article 3(3)(d) of the Governance Regulation 2018/1999. If a Member State had not notified the share of households in energy poverty as assessed in their National Energy and Climate Plan, the share of the required amount of cumulative end-use energy savings among people affected by energy poverty vulnerable customers, transport users, SMEs, micro-enterprises and, where applicable, people living in social housing, shall at least equal the arithmetic average share of the following indicators for the year 2019 or, if not available for 2019, for the linear extrapolation of their values for the last three years that are available:
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 678 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall designate, on the basis of objective and non- discriminatory criteria, obligated parties among transmission system operators, distribution system operators, energy distributors, retail energy sales companies and transport fuel distributors or transport fuel retailers operating in their territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 8(1) or, if Member States so decide, through certified savings stemming from other parties as described in point (a) of paragraph 10 of this Article.
Amendment 690 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States may require obligated parties to achieve a share of their energy savings obligation among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. Member States may also require obligated parties to achieve energy cost reduction targets and to achieve energy savings by promoting energy efficiency improvement measures, including financial support measures mitigating carbon price effects on SMEs and micro-SMEenterprises.
Amendment 694 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States may require obligated parties to work with local authorities or municipalregional and local authorities to promote energy efficiency improvement measures among people affected by energy poverty, vulnerable customers, transport users, SMEs, micro-enterprise and, where applicable, people living in social housing. This includes identifying and addressing the specific needs of particular groups at risk of energy poverty or more susceptible to its effects. To protect people affected by energy poverty vulnerable customers, transport users, SMEs, micro-enterprises and, where applicable, people living in social housing, Member States shall encourage obligated parties to carry out actions such as renovation of buildings, including social housing, replacement of appliances, financial support and incentives for energy efficiency improvement measures in conformity with national financing and support schemes, or energy audits.
Amendment 713 #
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 at the latest by 31.12.2024. The threshold shall not apply to a company group but each single legal entity within the group. The energy management system shall be certified by an independent body according to the relevant European or International Standards.
Amendment 721 #
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that enterprises with an average annual consumption higher than 10TJ of energy over the previous three years and taking all energy carriers together that do not implement an energy management system are subject to an energy audit. Energy audits shall be carried out in an independent and cost-effective manner by qualified or accredited expertsThe threshold shall not apply to a company group but each single legal entity within the group. Energy audits shall be carried out according to the relevant European or International Standards in an independent and cost-effective manner by qualified, accredited experts or accredited independent bodies to ensure audits will be conducted by professionals such as energy managers, engineers and craftsmen in accordance with requirements provided in Article 26 or implemented and supervised by independent authorities under national legislation. Energy audits shall be carried out at least every four years from the date of the previous energy audit.
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 741 #
Proposal for a directive
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. Member States shall develop programmes to encourage SMEenterprises that are not subject to paragraph 1 or 2 to undergo energy audits and the subsequent implementation of the recommendations from these audits, respecting the minimum criteria set out in Annex VI.
Amendment 756 #
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 significant energy consumptionn installed IT power demand of at least 100 kW to make publicly available the information set out in Annex VI (`Minimum requirements for monitoring and publishing the energy performance of data centres´) in a harmonised pre-defined format, which Member States shall subsequently report to the Commission for publication.
Amendment 760 #
Proposal for a directive
Article 11 – paragraph 10 a (new)
Article 11 – paragraph 10 a (new)
10 a. The Commission shall adopt guidelines on monitoring and publishing the energy performance of data centres in accordance with point 2 of Annex VI by no later than [15 March 2024]. These guidelines shall contain harmonised definitions for each item of information as well as a uniform measurement methodology, reporting guidelines and a harmonised template for the transfer of the information to allow for consistent reporting across all Member States. For these purposes, the Commission shall consider existing standardised metrics and carry out appropriate consultations with relevant industry stakeholders.
Amendment 761 #
Proposal for a directive
Article 11 – paragraph 10 b (new)
Article 11 – paragraph 10 b (new)
10 b. Member States shall promote the implementation of the energy management system and energy audits within the public administration at national, regional and local level.
Amendment 762 #
Proposal for a directive
Article 11 – paragraph 10 c (new)
Article 11 – paragraph 10 c (new)
10 c. Member States shall support companies implementing recommendations from the audits with the highest decarbonisation impact with the highest level of financial incentives.
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 793 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1 – point vii a (new)
Article 21 – paragraph 2 – subparagraph 1 – point vii a (new)
(vii a) programmes providing tailored technical and financial advice, support and facilitation with other stakeholders to households and companies through one- stop shops;
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 797 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 2 – point i a (new)
Article 21 – paragraph 2 – subparagraph 2 – point i a (new)
(i a) promotion and cooperation with private actors such as energy service companies (ESCO), installers, project developers and consulting firms that can provide services such as energy audits, finance solutions and execution of energy renovations;
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 807 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Member States shall implement energy efficiency improvement measures and related consumer protection or information measures, in particular those set out in Article 21 and Article 8(3), as a priority among people affected by energy poverty, vulnerable customers, transport users, SMEs, micro-enterprises and, where applicable, people living in social housing to alleviate energy poverty.
Amendment 809 #
Proposal for a directive
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. To support vulnerable customers, transport users, SMEs, micro-enterprises, people affected by energy poverty and, where applicable, people living in social housing, Member States shall:
Amendment 817 #
Proposal for a directive
Article 22 – paragraph 3 – point c
Article 22 – paragraph 3 – point c
c) where applicable, carry out early, forward-looking investments into energy efficiency improvement measures, such as retrofit of heating, cooling and ventilation systems, before distributional impacts from other policies and measures show effect;
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 832 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall ensure that the publicdraw up heating and cooling plans in close cooperation with the relevant local and regional authorities; together, they shall ensure that the public and relevant private stakeholders is given the opportunity to participate in the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.
Amendment 839 #
Proposal for a directive
Article 23 – paragraph 4 – introductory part
Article 23 – paragraph 4 – introductory part
4. Where the assessment referred to in paragraph 1 and the analysis referred to in paragraph 3 identify a potential for the application of high-efficiency cogeneration and/or efficient district heating and cooling and/or electricity generation from waste heat for self-consumption whose benefits exceed the costs, Member States shall take adequate measures for efficient district heating and cooling infrastructure to be developed and/or to encourage the development of installations for the conversion of waste excess heat to electricity for self-consumption and/or to accommodate the development of high- efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraph 1, and Article 24(4) and (6).
Amendment 841 #
Proposal for a directive
Article 23 – paragraph 4 – introductory part
Article 23 – paragraph 4 – introductory part
4. Where the assessment referred to in paragraph 1 and the analysis referred to in paragraph 3 identify a potential for the application of high-efficiency cogeneration and/or efficient district heating and cooling whose benefits exceed the costs, Member States and local and regional authorities having jurisdiction in the area in question shall take adequate measures for efficient district heating and cooling infrastructure to be developed and/or to accommodate the development of high- efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraph 1, and Article 24(4) and (6).
Amendment 843 #
Proposal for a directive
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
Where the assessment referred to in paragraph 1 and the analysis referred to in paragraph 3 do not identify a potential whose benefits exceed the costs, including the administrative costs of carrying out the cost-benefit analysis referred to in Article 24(4) , the Member State together with the local and regional authorities concerned may exempt installations from the requirements laid down in that paragraph.
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 895 #
Proposal for a directive
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
b. from 1 January 202630, a system using at least 50% renewable energy, 50% waste heat, 80% 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%;
Amendment 910 #
Proposal for a directive
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
c. from 1 January 2035, a system using at least 50% renewable energy and waste heat or high-efficiency cogenerated heat, where the share of renewable energy is at least 20%;
Amendment 921 #
Proposal for a directive
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
d. from 1 January 2045, a system using at least 75 % renewable energy and waste heat or high-efficiency cogenerated heat, where the share of renewable energy is at least 40%;
Amendment 930 #
Proposal for a directive
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
e. from 1 January 2050, a system using only renewable energy and waste heat or high-efficiency cogenerated heat, where the share of renewable energy is at least 60%.
Amendment 937 #
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. The operator shall submit a decarbonisation roadmap for transitioning away from fossil fuels, compatible with the 2050 climate neutrality target to the competent national authority within 12 months of the entry into force of this Directive.
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 955 #
Proposal for a directive
Article 24 – paragraph 4 – introductory part
Article 24 – paragraph 4 – introductory part
4. In order to assess the economic feasibility of increasing energy efficiency of heat and cooling supply, Member States shall ensure that an installation level cost- benefit analysis in accordance with Annex X is carried out where the following installations are newly planned or substantially refurbished each as defined in Article 2(47):
Amendment 957 #
Proposal for a directive
Article 24 – paragraph 4 – point b
Article 24 – paragraph 4 – point b
(b) an industrial installation with an average annual total energy input exceeding 5 MW in order to assess utilisation of the waste heat on-site, including its conversion to electricity for self-consumption, and off- site;
Amendment 962 #
Proposal for a directive
Article 24 – paragraph 4 – point d
Article 24 – paragraph 4 – point d
(d) a data centre with a total rated energy input exceeding 1 M00 kW level, to assess the cost and benefitstechnical feasibility, cost efficiency, energy efficiency impact and offtaker demand, including seasonal variation, of utilising the waste heat to satisfy economically justified demand, and of the connection of that installation to a district heating network or an efficient/RES-based district cooling system or other waste heat recovery applications. The analysis shall consider cooling system solutions that allow removing or capturing the waste heat at useful temperature level with minimal ancillary energy inputs.
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 968 #
Proposal for a directive
Article 24 – paragraph 5 – point c
Article 24 – paragraph 5 – point c
(c) data centres whose waste heat is or will be used in a district heating network or directly for space heating, domestic hot water preparation or, other uses in the building or group of buildings where it is located. or other uses in the locality around the data centre;
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 974 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall ensure that gas and electricity transmission and distribution system operators apply the energy efficiency first principle in accordance with Article 3 of this Directive and with the EU’s climate targets and sustainability in their network planning, network development and investment decisions. Demand-side flexibility shall be a central part of the assessment of network planning and operation. While taking security of supply and market integration into account, Member States shall ensure that transmission system operators and distribution system operators do not invest in stranded assets to contribute to climate change mitigation. To promote an energy efficient electricity grid, entities such as the European Network Transmission System Operators (ENTSO-E) and the European Entity for Distribution System Operators (the EU DSO Entity) can provide useful contributions and shall support their members in the uptake of energy efficiency measures. National regulatory authorities shallmay provide methodologies and guidance on how to assess alternatives in the cost- benefit analysis in close cooperation with the TSOs, which can share key technical expertise, taking into account wider benefits, and verify the implementation of the energy efficiency first principle by the transmission system operators or distribution system operators when approving, verifying or monitoring the projects submitted by the transmission system operators or distribution system operators.
Amendment 982 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that transmission and distribution system operators map network losses and renewable electricity curtailments and take cost-effective measures to reduce network losses and renewable electricity curtailments, while taking into account the overall effective operation of the network and the infrastructure development needs. Transmission and distribution system operators shall report those measures and expected energy savings through the reduction of network losses and renewable electricity curtailments to the national energy regulatory authority. National energy regulatory authorities shall limit the possibility for transmission and distribution system operators to recover avoidable network losses and renewable electricity curtailments from tariffs paid by consumers. Member States shall ensure that transmission and distribution system operators assess energy efficiency improvement measures with regard to their existing gas or electricity transmission or distribution systems and improve energy efficiency in infrastructure design and operation. Member States shall encourage transmission and distribution system operators to develop innovative solutions to improve the energy efficiency of existing systems through incentive based regulations.
Amendment 989 #
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
4. National energy regulatory authorities shall include a specific section on the progress achieved in energy efficiency improvements regarding the operation of the gas and electricity infrastructure in the annual report drawn up pursuant to Article 59(1)(i) of Directive (EU) 2019/944 and pursuant to Article 41 of Directive (EU) 2009/73/EC. In these reports, national energy regulatory authorities shall provide an assessment of network losses in the operation of the gas and electricity infrastructure, the measures carried out by transmission and distribution system operators, and, where applicable, provide recommendations for energy efficiency improvements. National regulatory authorities should also provide guidelines for energy efficiency improvements through cost-efficient alternatives that reduce peak loads and overall electricity use.
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 992 #
Proposal for a directive
Article 25 – paragraph 7
Article 25 – paragraph 7
7. National regulatory authorities shall ensure the removal of those incentives in transmission and distribution tariffs that are detrimental to the energy efficiency and demand response of the generation, transmission, distribution and supply of electricity and gas . Member States shall ensure efficiency in infrastructure design and the operation of the existing infrastructure and, within the framework of Directive EU 2019/944, that tariffs allow suppliers to improve consumer participation in system efficiency.
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 1007 #
Proposal for a directive
Article 27 – paragraph 5 – point c
Article 27 – paragraph 5 – point c
(c) promoting and making publicly available a database of implemented and ongoing energy performance contracting projects that includes the projected and achieved energy savings.
Amendment 1009 #
Proposal for a directive
Article 27 – paragraph 6 – point c
Article 27 – paragraph 6 – point c
(c) setting up and promoting the role of advisory bodies and independent market intermediaries including one -stop shops, energy service companies or similar support mechanisms to stimulate market development on the demand and supply sides, and making information about those support mechanisms publically available and accessible to market actors.
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 1015 #
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. In order to mobilise private financing for energy efficiency measures and energy renovation to achieve the EU´s energy efficiency target, in accordance with Directive 2010/31/EU, the Commission shall conduct a dialogue with both public and private financial institutions as well as specific sectors such as the transport, ICT and building sector in order to map out needs and possible actions it can take.
Amendment 1016 #
Proposal for a directive
Article 28 – paragraph 7 – point b a (new)
Article 28 – paragraph 7 – point b a (new)
(b a) conduct dialogue with both public and private financial institutions as well as specific sectors such as the transport, ICT and building sector in order to map out needs and possible actions they can take;
Amendment 1017 #
Proposal for a directive
Article 28 – paragraph 7 – point b b (new)
Article 28 – paragraph 7 – point b b (new)
(b b) consider incentives such as pay- per-performance public support schemes, guarantee funds for SMEs and energy- saving tariffs to reduce risk and accelerate market scale up for energy efficiency;
Amendment 1018 #
Proposal for a directive
Article 28 – paragraph 8 – subparagraph 1
Article 28 – paragraph 8 – subparagraph 1
The guidance shall have the purpose of helping Member States, regions, metropolitan areas and market actors to develop and implement their energy efficiency investments in the various Union programmes, and will propose adequate financial mechanisms and solutions, with a combination of grants, financial instruments and project development assistance, to scale up existing initiatives and use the Union funding as a catalyst to leverage and trigger private financing, with a particular focus on promoting investments in energy efficiency measures by SMEs.
Amendment 1019 #
Proposal for a directive
Article 28 – paragraph 9
Article 28 – paragraph 9
9. Member States mayshall set up an Energy Efficiency National Fund. The purpose of this fund shall be to implement energy efficiency measures, including measures pursuant to Article 8(3) and Article 22 as a priority among vulnerable customers, people affected by energy poverty and, where applicable, people living in social housing, and to. The support shall also include financing to SMEs for energy efficiency measures either by grants or establishing guarantee funds covering the risks, in order leverage and trigger private financing for SMEs, thereby supporting the implementation of national energy efficiency measures to support Member States in meeting their national energy efficiency contributions and their indicative trajectories referred to in Article 4(2). The Energy Efficiency National Fund may be financed with revenues from the allowance auctions pursuant to the EU Emission Trading System on buildings and transport sectors.
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 1024 #
Proposal for a directive
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Where Member States establish their own coefficient to a default value provided pursuant to this Directive, Member States shall establish this through a transparent methodology on the basis of nationlocal circumstances affecting primary energy consumption in each local grid. The circumstances shall be substantiated, verifiable and based on objective and non- discriminatory criteria.
Amendment 1025 #
Proposal for a directive
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where establishing an own coefficient, Member States shall take into account the planned future energy mix included in the update of their integrated national energy and climate plans and subsequent integrated National Energy and Climate Plan to be notified to the Commission in accordance with Regulation (EU) 2018/1999. If they deviate from the default value Member States shall notify the coefficient that they use to the Commission along with the calculation methodology and underlying data in the update of their integrated National Energy and Climate Plans and subsequent integrated National Energy and Climate Plans in accordance with Regulation (EU) 2018/1999.
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 1030 #
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend or supplement this Directive by establishing, after having consulted the relevant stakeholders and considered existing international standards and already established industry key performance indicators, a common Union scheme for rating the sustainability of data centres with an installed power demand of at least 100 kW located in its territory. The scheme shall establish the definition of data centre sustainability indicators, and, pursuant to paragraph 10 of Article 11 of this Directive, define the minimum thresholds for signiincluding how efficiently data centres use energy, how much of that energy comes from renewable energy sources, the reuse of any waste heat that is produced and the efficaient energy consumption anduse of water. Pursuant to paragraph 10 of Article 11 of this Directive, set out the key indicators and the methodology to measure them.
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 1080 #
Proposal for a directive
Annex IV – paragraph 1 – introductory part
Annex IV – paragraph 1 – introductory part
In award procedures for public contracts and concessions, contracting authorities and contracting entities that purchase products, services, buildings and works , insofar as this is consistent with cost- effectiveness, economical feasibility, wider sustainability, technical suitability, security of supply as well as sufficient competition, shall:
Amendment 1084 #
Proposal for a directive
Annex IV – paragraph 1 – point c
Annex IV – paragraph 1 – point c
(c) where a product or a service is covered by the Union green public procurement criteria, with relevance to energy efficiency of the product or service, must make use of the relevant Union green public procurement criteria and make best efforts to purchase only products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for data centres, server rooms and cloud services, Union green public procurement criteria for road lighting and traffic signals, Union green public procurement criteria for computers, monitors tablets and smartphones;
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 1113 #
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 , except those policy measures regarding the use of direct combustion of fossil fuel technologies that are implemented as from 1 January 2024 8 for industry and 1 January 2024 for the rest of sectors;
Amendment 1125 #
Proposal for a directive
Annex V – point 2 – point h
Annex V – point 2 – point h
(h) Energy savings as a result of policy measures newly implemented as from 1 January 2024 regarding the use of direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works shall notmay count towards the fulfilment of energy savings obligation as from 1 January 2024;pursuant to Article 8(1)(b) 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. In case of policy measures promoting combinations of technologies, the share of energy savings related to the fossil fuel combustion technologies shall not be eligible.
Amendment 1130 #
Proposal for a directive
Annex V – point 2 – point h
Annex V – point 2 – point h
(h) Energy savings as a result of policy measures regarding the use of direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works shall not count towards the fulfilment of energy savings obligation as from 1 January 20248 for industry and 1 January 2024 for the rest of sectors;
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 1149 #
Proposal for a directive
Annex V – point 2 a (new)
Annex V – point 2 a (new)
2 a. measures promoting the development of waste-heat-to-power installations may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1) provided that they result in verifiable, and measurable or estimable, end-use energy savings. The waste heat used by these installations can be excluded from their end-use energy consumption;
Amendment 1152 #
Proposal for a directive
Annex V – point 5 – paragraph 1 – point f
Annex V – point 5 – paragraph 1 – point f
(f) information on policy measures or programmes or measures financed under an Energy Efficiency National Fund implemented as a priority among people affected by energy poverty, vulnerable customers, SMEs, micro-enterprises and, where applicable, people living in social housing;
Amendment 1155 #
Proposal for a directive
Annex V – point 5 – paragraph 1 – point i
Annex V – point 5 – paragraph 1 – point i
(i) where applicable, information about impacts and adverse effects of policy measures implemented pursuant to Article 8(3) on people affected by energy poverty, vulnerable customers, SME, micro- enterprises and, where applicable, people living in social housing;
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 :
Amendment 1164 #
Proposal for a directive
Annex VI – paragraph 1 – point a a (new)
Annex VI – paragraph 1 – point a a (new)
(a a) be based on a physical inspection of buildings, industrial operations or installations, including transportation;
Amendment 1174 #
Proposal for a directive
Annex VI – paragraph 1 – point d a (new)
Annex VI – paragraph 1 – point d a (new)
(d a) identify the potential for simultaneous energy and resource efficiencies including water usage;
Amendment 1175 #
(f a) identify the potential for installation of EV charging stations;
Amendment 1183 #
Proposal for a directive
Annex VI – paragraph 4 – point c
Annex VI – paragraph 4 – point c
(c) the performance, during the last full calendar year, of the data centre in accordance with key performance indicators about, inter alia, energy consumption, power utilisationcapacity and utilisation as well as power usage effectiveness, temperature set points, waste heat utilisation, water usage and use of renewable energy.
Amendment 1189 #
(f a) thermal energy storage;
Amendment 1190 #
Proposal for a directive
Annex IX – Part III – point 8 – point b – paragraph 1 – point ii – indent 5
Annex IX – Part III – point 8 – point b – paragraph 1 – point ii – indent 5
— environmental, health and safety costs, including on content of persistent, bioaccumulative, toxic substances, to the extent possible;