Index 
Texts adopted
Wednesday, 17 January 2018 - StrasbourgFinal edition
Control of exports, transfer, brokering, technical assistance and transit of dual-use items ***I
 Nomination of a Member of the Court of Auditors – Eva Lindström
 Nomination of a Member of the Court of Auditors – Tony James Murphy
 Promotion of the use of energy from renewable sources ***I
 Energy efficiency ***I
 Governance of the Energy Union ***I

Control of exports, transfer, brokering, technical assistance and transit of dual-use items ***I
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Amendments adopted by the European Parliament on 17 January 2018 on the proposal for a regulation of the European Parliament and of the Council setting up a Union regime for the control of exports, transfer, brokering, technical assistance and transit of dual-use items (recast) (COM(2016)0616 – C8‑0393/2016 – 2016/0295(COD))(1)
P8_TA(2018)0006A8-0390/2017

(Ordinary legislative procedure: – recast)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 3
(3)  An effective common system of export controls on dual-use items is therefore necessary to ensure that the international commitments and responsibilities of the Member States and of the Union, especially regarding non-proliferation, are complied with.
(3)  An effective common system of export controls on dual-use items is therefore necessary to ensure that the international commitments and responsibilities of the Member States and of the Union, especially regarding non-proliferation and human rights, are complied with.
Amendment 2
Proposal for a regulation
Recital 5
(5)  Considering the emergence of new categories of dual-use items, and in response to calls from the European Parliament and indications that certain cyber-surveillance technologies exported from the Union have been misused by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression, it is appropriate to control the export of those technologies in order to protect public security as well as public morals. These measures should not go beyond what is proportionate. They should, in particular, not prevent the export of information and communication technology used for legitimate purposes, including law enforcement and internet security research. The Commission, in close consultations with the Member States and stakeholders, will develop guidelines to support the practical applications of those controls.
(5)  Certain cyber-surveillance items have emerged as a new category of dual-use items that have been used to directly interfere with human rights, including the right to privacy, the right to data protection, freedom of expression and freedom of assembly and association, by monitoring or exfiltrating data without obtaining a specific, informed and unambiguous authorization of the owner of the data and/or by incapacitating or damaging the targeted system. In response to calls from the European Parliament, and evidence that certain cyber-surveillance items have been misused by persons complicit in or responsible for directing or committing violations of international human rights law or international humanitarian law in countries where such violations have been established, it is appropriate to control the export of those items. Controls should be based on clearly defined criteria. These measures should not go beyond what is necessary and proportionate. They should, in particular, not prevent the export of information and communication technology used for legitimate purposes, including law enforcement and network and internet security research for the purposes of authorised testing or the protection of information security systems. The Commission, in close consultations with the Member States and stakeholders, should make available guidelines to support the practical applications of those controls upon entry into force of this Regulation. Serious violations of human rights refer to situations as described in point 2.6 of Section 2 of Chapter 2 of the User’s Guide to Council Common Position 2008/944/CFSP1a as endorsed by the Foreign Affairs Council on 20 July 2015.
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1a Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99).
Amendment 3
Proposal for a regulation
Recital 6
(6)  As a result, it is also appropriate to revise the definition of dual-use items, and to introduce a definition of cyber-surveillance technology. It should also be clarified that assessment criteria for the control of exports of dual-use items include considerations regarding their possible misuse in connection with acts of terrorism or human rights violations.
(6)  As a result, it is also appropriate to introduce a definition of cyber-surveillance items. It should also be clarified that assessment criteria for the control of exports of cyber-surveillance items take into account the direct and indirect impact of these items on human rights, as reflected in the User’s Guide to Council Common Position 2008/944/CFSP. A technical working group should be set up for the development of the assessment criteria, in cooperation with the European External Action Service (EEAS) and the Council Working Party on Human Rights (COHOM). In addition, an independent group of experts should be established within that technical working group. The assessment criteria should be publicly available and easily accessible.
Amendment 4
Proposal for a regulation
Recital 6 a (new)
(6a)  With the aim to define cyber-surveillance technology, items to be covered by this Regulation should include the telecommunication interception equipment, intrusion software, monitoring centers, lawful interception systems and data retention systems connected with such interception systems, devices for the de-codification of encryption, the recovery of hard disks, the circumvention of passwords and the analysis of biometric data as well as IP network surveillance systems.
Amendment 5
Proposal for a regulation
Recital 6 b (new)
(6b)  With regard to human rights assessment criteria, it is appropriate to refer to the Universal Declaration of Human Rights, the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the United Nations Human Rights Council Resolution on the Right to Privacy of 23 March 2017, the Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework, the Report of the Special Rapporteur on the Right to Privacy of 24 March 2017, the Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism of 21 February 2017 and the Judgment of the European Court of Human Rights Zakharov v. Russia of 4 December 2015;
Amendment 6
Proposal for a regulation
Recital 7 a (new)
(7a)  Regulation (EU) 2016/679 of the European Parliament and of the Council1a (General Data Protection Regulation) obliges data protection controllers and processors to implement technical measures to ensure a level of security appropriate to the risk of processing, including by the encryption of personal data. Since that Regulation stipulates that it applies to the processing of personal data regardless of whether the processing takes place within the Union or not, there is a strong incentive for the Union to remove cryptography items from the control list in order to facilitate the implementation of the General Data Protection Regulation, and increase the competitiveness of European businesses in this context. In addition, the current level of control on encryption runs counter to the fact that encryption is a key means to ensure that citizens, businesses and governments can protect their data against criminals and other malicious actors; to secure access to services that are crucial for the functioning of the Digital Single Market; and to enable secure communications, which are necessary to protect the right to privacy, the right to data protection and the freedom of expression, in particular of human rights defenders.
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1a Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Amendment 7
Proposal for a regulation
Recital 9
(9)  The scope of "catch-all controls", that apply to non-listed dual use items in specific circumstances, should be clarified and harmonised, and should address the risk of terrorism and human rights violations. Appropriate exchange of information and consultations on "catch all controls" should ensure the effective and consistent application of controls throughout the Union. Targeted catch-all controls should also apply, under certain conditions, to the export of cyber-surveillance technology.
(9)  The scope of catch-all controls, that apply to non-listed cyber-surveillance items in specific circumstances, should be clarified and harmonised. Appropriate exchange of information and consultations on catch all controls should ensure the effective and consistent application of controls throughout the Union. Exchange of information should include support for the development of a public platform and the gathering of information from the private sector, public institutions and civil society organisations.
Amendment 8
Proposal for a regulation
Recital 10
(10)  The definition of broker should be revised to avoid the circumvention of controls on the provision of brokering services by persons falling within the jurisdiction of the Union. Controls on the provision of brokering services should be harmonised to ensure their effective and consistent application throughout the Union and should also apply in order to prevent acts of terrorism and human rights violations.
(10)  The definition of broker should be revised to avoid the circumvention of controls on the provision of brokering services by persons falling within the jurisdiction of the Union. Controls on the provision of brokering services should be harmonised to ensure their effective and consistent application throughout the Union and should also apply in order to prevent human rights violations.
Amendment 9
Proposal for a regulation
Recital 11
(11)  With the entry into force of the Lisbon Treaty, it has been clarified that the supply of technical assistance services involving a cross-border movement falls under Union competence. It is therefore appropriate to clarify the controls applicable to technical assistance services, and to introduce a definition of those services. For reasons of effectiveness and consistency, controls on the supply of technical assistance services should be harmonised and apply also in order to prevent acts of terrorism and human rights violations.
(11)  With the entry into force of the Lisbon Treaty, it has been clarified that the supply of technical assistance services involving a cross-border movement falls under Union competence. It is therefore appropriate to clarify the controls applicable to technical assistance services, and to introduce a definition of those services. For reasons of effectiveness and consistency, controls prior to the supply of technical assistance services should be harmonised and apply also in order to prevent human rights violations.
Amendment 10
Proposal for a regulation
Recital 12
(12)  Regulation (EC) No 428/2009 provides for a possibility for Member States’ authorities to prohibit on a case-by-case basis the transit of non-Union dual-use items, where they have reasonable grounds for suspecting from intelligence or other sources that the items are or may be intended in their entirety or in part for proliferation of weapons of mass destruction or of their means of delivery. For reasons of effectiveness and consistency, transit controls should be harmonised and apply also in order to prevent acts of terrorism and human rights violations.
(12)  Regulation (EC) No 428/2009 provides for a possibility for Member States’ authorities to prohibit on a case-by-case basis the transit of non-Union dual-use items, where they have reasonable grounds for suspecting from intelligence or other sources that the items are or may be intended in their entirety or in part for proliferation of weapons of mass destruction or of their means of delivery. For reasons of effectiveness and consistency, transit controls should be harmonised and apply also in order to prevent human rights violations.
Amendment 11
Proposal for a regulation
Recital 13 a (new)
(13a)  Although the responsibility for deciding on individual, global and national export authorisations lies with the national authorities, an effective EU export control regime implies that economic operators, who intend to export items covered by this Regulation, exercise due diligence as set out, inter alia, in the OECD Guidelines for Multinational Enterprises, the OECD Due Diligence Guidance for Responsible Business Conduct, and the UN Guiding Principles for Business and Human Rights.
Amendment 12
Proposal for a regulation
Recital 14
(14)  A standard requirement for compliance in the form of "internal compliance programmes" should be introduced in order to contribute to the level-playing field between exporters and to enhance the effective application of controls. For reasons of proportionality, this requirement should apply to specific control modalities in the form of global authorisations and certain general export authorisations.
(14)  A standard requirement, definition and description for compliance in the form of internal compliance programmes as well as a possibility of being certified in order to obtain incentives in the authorisation process from the national competent authorities should be introduced in order to contribute to the level-playing field between exporters and to enhance the effective application of controls. For reasons of proportionality, this requirement should apply to specific control modalities in the form of global authorisations and certain general export authorisations.
Amendment 13
Proposal for a regulation
Recital 15
(15)  Additional Union general export authorisations should be introduced in order to reduce administrative burden on companies and authorities while ensuring an appropriate level of control of the relevant items to the relevant destinations. A global authorisation for large projects should also be introduced to adapt licensing conditions to the peculiar needs of industry.
(15)  Additional Union general export authorisations should be introduced in order to reduce administrative burden on companies, in particular SMEs, and authorities while ensuring an appropriate level of control of the relevant items to the relevant destinations. A global authorisation for large projects should also be introduced to adapt licensing conditions to the peculiar needs of industry.
Amendment 14
Proposal for a regulation
Recital 16 a (new)
(16a)  Considering the rapid advance of technological developments, it is appropriate that the Union introduces controls on certain types of cyber-surveillance technologies on the basis of a unilateral list, in Section B of Annex I. Given the importance of the multilateral export control system, Section B of Annex I should be limited in scope only to cyber-surveillance technologies and not contain any duplications with Section A of Annex I.
Amendment 15
Proposal for a regulation
Recital 17
(17)  Decisions to update the common list of dual-use items subject to export controls in Section A of Annex I should be in conformity with the obligations and commitments that Member States and the Union have accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties. Decisions to update the common list of dual-use items subject to export controls in Section B of Annex I, such as cyber-surveillance technology, should be made in consideration of the risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the Union and its Member States. Decisions to update the common list of dual-use items subject to export controls in Section B of Annex IV should be made in consideration of the public policy and public security interests of the Member States under Article 36 of the Treaty on the Functioning of the European Union. Decisions to update the common lists of items and destinations set out in Sections A to J of Annex II should be made in consideration of the assessment criteria set out in this Regulation.
(17)  Decisions to update the common list of dual-use items subject to export controls in Section A of Annex I should be in conformity with the obligations and commitments that Member States and the Union have accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties. Decisions to update the common list of cyber-surveillance items subject to export controls in Section B of Annex I, should be made in consideration of the risks that the export of such items may pose as regards their use for violations of international human rights law or international humanitarian law in countries where such violations, especially regarding the freedom of expression, the freedom of assembly and the right to privacy, have been established, or the essential security interests of the Union and its Member States. Decisions to update the common list of dual-use items subject to export controls in Section B of Annex IV should be made in consideration of the public policy and public security interests of the Member States under Article 36 of the Treaty on the Functioning of the European Union. Decisions to update the common lists of items and destinations set out in Sections A to J of Annex II should be made in consideration of the assessment criteria set out in this Regulation. Decisions to delete entire subcategories on cryptography and encryption, such as in Category 5 of Section A of Annex I or as in Section I of Annex II should be made in consideration of the Recommendation of 27 March 1997 of the OECD Council concerning Guidelines for Cryptography Policy.
Amendment 16
Proposal for a regulation
Recital 18
(18)  In order to allow for a swift Union response to changing circumstances as regards the assessment of the sensitivity of exports under Union General Export Authorisations as well as technological and commercial developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Section A of Annex I, Annex II and Section B of Annex IV to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
(18)  In order to allow for a swift Union response to changing circumstances as regards the assessment of the sensitivity of exports under Union General Export Authorisations as well as technological and commercial developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Sections A and B of Annex I, Annex II and Section B of Annex IV to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated
Amendment 17
Proposal for a regulation
Recital 19 a (new)
(19a)   The risk of cyber theft and re-exportation to third countries, as referred to in Council Common Position 2008/944/CFSP, calls for the need to strengthen the provisions on dual-use items.
Amendment 18
Proposal for a regulation
Recital 21
(21)  Pursuant to and within the limits of Article 36 of the Treaty on the Functioning of the European Union and pending a greater degree of harmonisation, Member States retain the right to carry out controls on transfers of certain dual-use items within the Union in order to safeguard public policy or public security. For reasons of proportionality, controls on the transfer of dual-use items within the Union should be revised in order to minimise the burden for companies and authorities. Moreover, the list of items subject to intra-Union transfer controls in Section B of Annex IV should be periodically reviewed in light of technological and commercial developments and as regards the assessment of the sensitivity of transfers.
(21)  Pursuant to and within the limits of Article 36 of the Treaty on the Functioning of the European Union and pending a greater degree of harmonisation, Member States retain the right to carry out controls on transfers of certain dual-use items within the Union in order to safeguard public policy or public security. For reasons of proportionality, controls on the transfer of dual-use items within the Union should be revised in order to minimise the burden for companies, in particular SMEs, and authorities. Moreover, the list of items subject to intra-Union transfer controls in Section B of Annex IV should be periodically reviewed in light of technological and commercial developments and as regards the assessment of the sensitivity of transfers.
Amendment 19
Proposal for a regulation
Recital 22 a (new)
(22a)  Given the importance of accountability and public scrutiny of export control activities, Member States should make all relevant licensing data publicly available.
Amendment 20
Proposal for a regulation
Recital 25
(25)  Outreach to the private sector and transparency are essential elements for an effective export control regime. It is therefore appropriate to provide for the continued development of guidance to support the application of this Regulation and for the publication of an annual report on the implementation of controls, in line with current practice.
(25)  Outreach to the private sector, in particular to SMEs, and transparency are essential elements for an effective export control regime. It is therefore appropriate to provide for the continued development of guidelines to support the application of this Regulation and for the publication of an annual report on the implementation of controls, in line with current practice. Given the importance of guidelines for the interpretation of some elements of this Regulation, those guidelines should be publicly available when this Regulation enters into force.
Amendment 21
Proposal for a regulation
Recital 25 a (new)
(25a)  It should be ensured that the definitions set out in this Regulation are in accordance with the definitions in the Union Customs Code.
Amendment 22
Proposal for a regulation
Recital 27
(27)  Each Member State should determine effective, proportionate and dissuasive penalties applicable in the event of breach of the provisions of this Regulation. It is also appropriate to introduce provisions to tackle specifically instances of illicit trafficking of dual-use items in order to support effective enforcement of controls.
(27)  Each Member State should determine effective, proportionate and dissuasive penalties applicable in the event of breach of the provisions of this Regulation. The creation of a level playing field for Union exporters should be enhanced. Therefore, penalties for infringements of this Regulation should be similar in nature and effect in all Member States. It is also appropriate to introduce provisions to tackle specifically instances of illicit trafficking of dual-use items in order to support effective enforcement of controls.
Amendment 23
Proposal for a regulation
Recital 29
(29)  Export controls have an impact on international security and trade with third countries and it is therefore appropriate to develop dialogue and cooperation with third countries in order to support a global level-playing field and enhance international security.
(29)  Export controls have an impact on international security and trade with third countries and it is therefore appropriate to develop dialogue and cooperation with third countries in order to support a global level-playing field, promote upward convergence and enhance international security. To promote those goals, the Council, the Commission and Member States should, in close cooperation with the EEAS, pro-actively engage in the relevant international fora, including the Wassenaar Arrangement in order to establish the list of cyber-surveillance items set out in Section B of Annex I as an international standard. In addition, assistance to third countries with regard to the development of a dual-use items export control regime and appropriate administrative capacities should be strengthened and expanded, in particular with regard to customs.
Amendment 24
Proposal for a regulation
Recital 31
(31)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably the freedom to conduct business,
(31)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union,
Amendment 25
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
(a)  items which can be used for the design, development, production or use of nuclear, chemical and biological weapons and their means of delivery, including all goods which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices;
(a)  traditional dual-use items meaning items, including software and hardware, which can be used for the design, development, production or use of nuclear, chemical and biological weapons and their means of delivery, including all goods which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices;
Amendment 26
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
(b)  cyber-surveillance technology which can be used for the commission of serious violations of human rights or international humanitarian law, or can pose a threat to international security or the essential security interests of the Union and its Member States.
(b)  cyber-surveillance items including hardware, software and technology, which are specially designed to enable the covert intrusion into information and telecommunication systems and/or the monitoring, exfiltrating, collecting and analysing of data and/or incapacitating or damaging the targeted system without the specific, informed and unambiguous authorisation of the owner of the data, and which can be used in connection with the violation of human rights, including the right to privacy, the right to free speech and the freedom of assembly and association, or which can be used for the commission of serious violations of human rights law or international humanitarian law, or can pose a threat to international security or the essential security of the Union and its Members. Network and ICT security research for the purpose of authorised testing or the protection of information security systems shall be excluded.
Amendment 27
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
5a.  ‘end-user’ shall mean any natural or legal person or entity that is the final recipient of a dual use item.
Amendment 28
Proposal for a regulation
Article 2 – paragraph 1 – point 13
13.  'large project authorisation' shall mean a global export authorisation granted to one specific exporter, in respect of a type or category of dual-use item which may be valid for exports to one or more specified end users in one or more specified third countries for the duration of a specified project the realisation of which exceeds one year;
13.  ‘large project authorisation’ shall mean a global export authorisation granted to one specific exporter, in respect of a type or category of dual-use item which may be valid for exports to one or more specified end users in one or more specified third countries for a specified project. It shall be valid for between one and four years, except in duly justified cases based on the duration of the project, and may be renewed by the competent authority;
Amendment 29
Proposal for a regulation
Article 2 – paragraph 1 – point 22
22.  'internal compliance programme' shall mean effective, appropriate and proportionate means and procedures, including the development, implementation, and adherence to standardised operational compliance policies, procedures, standards of conduct, and safeguards, developed by exporters to ensure compliance with the provisions and with the terms and conditions of authorisations set out in this Regulation;
22.  ‘internal compliance programme’ (ICP) shall mean effective, appropriate and proportionate means and procedures (risk based approach), including the development, implementation, and adherence to standardised operational compliance policies, procedures, standards of conduct, and safeguards, developed by exporters to ensure compliance with the provisions and with the terms and conditions of authorisations set out in this Regulation; the exporter shall have the possibility, on a voluntary basis, to have its ICP certified free of charge by the competent authorities on the basis of a reference ICP established by the Commission, in order to obtain incentives in the authorisation process from the national competent authorities;
Amendment 30
Proposal for a regulation
Article 2 – paragraph 1 – point 23
23.  ‘terrorist act’ shall mean a terrorist act within the meaning of Article 1(3) of Common Position 2001/931/CFSP.
deleted
Amendment 31
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
23a.  ‘due diligence’ shall mean the process through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts as an integral part of business decision-making and risk management systems;
Amendment 32
Proposal for a regulation
Article 4 – paragraph 1 – point d
(d)  for use by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression in the country of final destination, as identified by relevant public international institutions, or European or national competent authorities, and where there is evidence of the use of this or similar items for directing or implementing such serious violations by the proposed end-user;
(d)  with regard to cyber-surveillance items, for use by natural or legal persons in connection with violations of international human rights law or international humanitarian law in countries where serious violations of human rights have been identified by the competent bodies of the UN, the Council of Europe, the Union, or national competent authorities, and there is reason to suspect that this or similar items may be used for the purpose of directing or implementing such violations by the proposed end-user;
Amendment 33
Proposal for a regulation
Article 4 – paragraph 1 – point e
(e)  for use in connection with acts of terrorism.
deleted
Amendment 34
Proposal for a regulation
Article 4 – paragraph 2
2.  If an exporter, under his obligation to exercise due diligence, is aware that dual-use items which he proposes to export, not listed in Annex I, are intended, in their entirety or in part, for any of the uses referred to in paragraph 1, he must notify the competent authority, which will decide whether or not it is expedient to make the export concerned subject to authorisation.
2.  If an exporter, becomes aware while exercising due diligence that dual-use items not listed in Annex I which he or she proposes to export, may be intended, in their entirety or in part, for any of the uses referred to in paragraph 1, he or she must notify the competent authority of the Member State in which he or she is established or resident in, which will decide whether or not it is expedient to make the export concerned subject to authorisation.
Amendment 35
Proposal for a regulation
Article 4 – paragraph 3
3.  Authorisations for the export of non-listed items shall be granted for specific items and end-users. The authorisations shall be granted by the competent authority of the Member State where the exporter is resident or established or, in case when the exporter is a person resident or established outside the Union, by the competent authority of the Member State where the items are located. The authorisations shall be valid throughout the Union. The authorisations shall be valid for one year, and may be renewed by the competent authority.
3.  Authorisations for the export of non-listed items shall be granted for specific items and end-users. The authorisations shall be granted by the competent authority of the Member State where the exporter is resident or established or, in case when the exporter is a person resident or established outside the Union, by the competent authority of the Member State where the items are located. The authorisations shall be valid throughout the Union. The authorisations shall be valid for two years, and may be renewed by the competent authority.
Amendment 36
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 2
If no objections are received, the Member States consulted shall be considered to have no objection and shall impose authorisations requirements for all "essentially similar transactions". They shall inform their customs administration and other relevant national authorities about the authorisations requirements .
If no objections are received, the Member States consulted shall be considered to have no objection and shall impose authorisations requirements for all essentially similar transactions meaning an item with essentially identical parameters or technical characteristics to the same end user or consignee. They shall inform their customs administration and other relevant national authorities about the authorisations requirements. The Commission shall publish in the Official Journal of the European Union a short description of the case, the reasoning of the decision and indicate, if applicable, the new authorisation requirement in a new Section E of Annex II.
Amendment 37
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 3
If objections are received from any consulted Member State, the requirement for authorisation shall be revoked unless the Member State which imposes the authorisation requirement considers that an export might prejudice its essential security interests. In that case, that Member State may decide to maintain the authorisation requirement. This should be notified to the Commission and the other Member States without delay.
If objections are received from at least four Member States representing at least 35 % of the population of the Union, the requirement for authorisation shall be revoked unless the Member State which imposes the authorisation requirement considers that an export might prejudice its essential security interests or its human rights obligations. In that case, that Member State may decide to maintain the authorisation requirement. This should be notified to the Commission and the other Member States without delay.
Amendment 38
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 4
The Commission and the Member States will maintain an updated register of authorisation requirements in place.
The Commission and the Member States shall maintain an updated register of authorisation requirements in place. The data available in that register shall be included in the report to the European Parliament, referred to in paragraph 2 of Article 24, and shall be accessible to the public.
Amendment 39
Proposal for a regulation
Article 5 – paragraph 2
2.  If a broker is aware that the dual-use items for which he proposes brokering services are intended, in their entirety or in part, for any of the uses referred to in Article 4(1), he must notify the competent authority which will decide whether or not it is expedient to make such brokering services subject to authorisation.
2.  If a broker is aware that the dual-use items for which he or she proposes brokering services are intended, in their entirety or in part, for any of the uses referred to in Article 4(1), he or she must notify the competent authority which shall make such brokering services subject to authorisation.
Amendment 40
Proposal for a regulation
Article 7 – paragraph 1
1.  An authorisation shall be required for the provision, directly or indirectly, of technical assistance related to dual-use items, or related to the provision, manufacture, maintenance and use of dual-use items, if the supplier of technical assistance has been informed by the competent authority that the items in question are or may be intended, in their entirety or in part, for any of the uses referred to in Article 4.
1.  An authorisation shall be required for the provision, directly or indirectly, of technical assistance related to dual-use items, or related to the provision, manufacture, maintenance and use of dual-use items, if the supplier of technical assistance has been informed by the competent authority that the items in question are or may be intended, in their entirety or in part, for any of the uses referred to in paragraph 1 of Article 4.
Amendment 41
Proposal for a regulation
Article 7 – paragraph 2
If a supplier of technical assistance is aware that the dual-use items for which he proposes to supply technical assistance are intended, in their entirety or in part, for any of the uses referred to in Article 4, he must notify the competent authority which will decide whether or not it is expedient to make such technical assistance subject to authorisation.
If a supplier of technical assistance is aware that the dual-use items for which he or she proposes to supply technical assistance are intended, in their entirety or in part, for any of the uses referred to in paragraph 1 of Article 4, he or she must notify the competent authority which shall make such technical assistance subject to authorisation.
Amendment 42
Proposal for a regulation
Article 8 – paragraph 1
1.  A Member State may prohibit or impose an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security or for human rights considerations.
1.  A Member State may prohibit or impose an authorisation requirement on the export of dual-use items not listed in Annex I for reasons of public security, for human rights considerations or for the prevention of acts of terrorism.
Amendment 43
Proposal for a regulation
Article 9 – paragraph 7
7.  The relevant commercial documents relating to intra-Union transfers of dual-use items listed in Annex I shall indicate clearly that those items are subject to controls if exported from the Union. Relevant commercial documents include, in particular, any sales contract, order confirmation, invoice or dispatch note.
7.  The relevant commercial documents relating to exports to third countries and intra-Union transfers of dual-use items listed in Annex I shall indicate clearly that those items are subject to controls if exported from the Union. Relevant commercial documents include, in particular, any sales contract, order confirmation, invoice or dispatch note.
Amendment 44
Proposal for a regulation
Article 10 – paragraph 3
3.  Individual export authorisations and global export authorisations shall be valid for one year, and may be renewed by the competent authority. Global export authorisations for large projects shall be valid for a duration to be determined by the competent authority.
3.  Individual export authorisations and global export authorisations shall be valid for two years, and may be renewed by the competent authority. Global export authorisations for large projects shall be valid for no longer than four years, except in duly justified circumstances based on the duration of the project. This does not prevent competent authorities from annulling, suspending, modifying or revoking individual or global export authorisations at any time.
Amendment 45
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Exporters shall supply the competent authority with all relevant information required for their applications for individual and global export authorisation so as to provide complete information in particular on the end user, the country of destination and the end use of the item exported.
Exporters shall supply the competent authority with all relevant information required for their applications for individual and global export authorisation so as to provide complete information in particular on the end user, the country of destination and the end use of the item exported. When dealing with governmental end-users, the information supplied shall specify which department, agency, unit or sub-unit will be the final end-user of the item exported.
Amendment 46
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Authorisations may be subject, if appropriate, to an end-use statement.
All authorisations for cyber-surveillance items, as well as individual export authorisations for items for which there exists a high risk of diversion or re-exportation under undesirable conditions, shall be subject to an end-use statement. Authorisations for other items shall be subject to an end-use statement if appropriate.
Amendment 47
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – introductory part
Global export authorisations shall be subject to the implementation, by the exporter, of an effective internal compliance programme. The exporter shall also report to the competent authority, at least once a year, on the use of this authorisation; the report shall include at least the following information:
Global export authorisations shall be subject to the implementation, by the exporter, of an effective internal compliance programme. The exporter shall have the possibility, on a voluntary basis, to have its ICP certified free of charge by the competent authorities on the basis of a reference ICP established by the Commission, in order to obtain incentives in the authorisation process from the national competent authorities. The exporter shall also report to the competent authority, at least once a year, or on request of the competent authority, on the use of this authorisation; the report shall include at least the following information:
Amendment 48
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – point d
(d)  where known, the end-use and end-user of the dual-use items.
(d)  the end-use and end-user of the dual-use items.
Amendment 49
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – point d a (new)
(da)  the name and address of the end-user, where known;
Amendment 50
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3 – point d b (new)
(db)  the date on which the export took place.
Amendment 51
Proposal for a regulation
Article 10 – paragraph 5
5.  The competent authorities of the Member States shall process requests for individual or global authorisations within a period of time to be determined by national law or practice. The competent authorities shall provide to the Commission all information on the average times for processing applications for authorisations relevant for the preparation of the annual report referred to in Article 24(2).
5.  The competent authorities of the Member States shall process requests for individual or global authorisations within 30 days of the valid submission of the application. If the competent authority, for duly justified reasons, requires more time to process the application, it shall inform the applicant accordingly within 30 days. The competent authority shall, in any event, decide on applications for individual or global export authorisations, at the latest, within 60 days of valid submission of the application.
Amendment 52
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Where the broker or the supplier of technical assistance is not resident or established on the territory of the Union, authorisations for brokering services and technical assistance under this Regulation shall be granted, alternatively, by the competent authority of the Member State where the parent company of the broker or supplier of technical assistance is established, or from where the brokering services or technical assistance will be supplied.
Where the broker or the supplier of technical assistance is not resident or established on the territory of the Union, authorisations for brokering services and technical assistance under this Regulation shall be granted by the competent authority of the Member State from where the brokering services or technical assistance will be supplied. This includes brokering services and the supply of technical assistance by subsidiaries or joint ventures established in third countries but owned or controlled by companies established on the territory of the Union.
Amendment 53
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
1.  In deciding whether or not to grant an individual or global export authorisation or to grant an authorisation for brokering services or technical assistance under this Regulation, or to prohibit a transit, the competent authorities of the Member States shall take into account the following criteria :
1.  In deciding whether or not to grant an individual or global export authorisation or to grant an authorisation for brokering services or technical assistance under this Regulation, or to prohibit a transit, the competent authorities of the Member States shall take into account all relevant considerations including:
Amendment 54
Proposal for a regulation
Article 14 – paragraph 1 – point a
(a)  Union and Member States’ international obligations and commitments, in particular the obligations and commitments they have each accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties and their obligations under sanctions imposed by 2 a decision or a common position adopted by the Council or by a decision of the OSCE or by a binding resolution of the Security Council of the United Nations;
(a)  Union and Member States’ international obligations and commitments, in particular the obligations and commitments they have each accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties;
Amendment 55
Proposal for a regulation
Article 14 – paragraph 1 – point a a (new)
(aa)  their obligations under sanctions imposed by a decision or a common position adopted by the Council or by a decision of the OSCE or by a binding resolution of the Security Council of the United Nations;
Amendment 56
Proposal for a regulation
Article 14 – paragraph 1 – point b a (new)
(ba)  the occurrence of violations of human rights law, fundamental freedoms and international humanitarian law in the country of final destination as has been established by the competent bodies of the UN, the Council of Europe or the Union;
Amendment 57
Proposal for a regulation
Article 14 – paragraph 1 – point c
(c)  the internal situation in the country of final destination – competent authorities will not authorise exports that would provoke or prolong armed conflicts or aggravate existing tensions or conflicts in the country of final destination;
(c)  the internal situation in the country of final destination – competent authorities shall not authorise exports that would provoke or prolong armed conflicts or aggravate existing tensions or conflicts in the country of final destination;
Amendment 58
Proposal for a regulation
Article 14 – paragraph 1 – point d a (new)
(da)  the behaviour of the country of destination with regard to the international community, as regards in particular its attitude to terrorism, the nature of its alliances and respect for international law;
Amendment 59
Proposal for a regulation
Article 14 – paragraph 1 – point d b (new)
(db)  compatibility of the exports of the items with regard to the technical and economic capacity of the recipient country;
Amendment 60
Proposal for a regulation
Article 14 – paragraph 1 – point f
(f)  considerations about intended end use and the risk of diversion , including existence of a risk that the dual-use items will be diverted or re-exported under undesirable conditions.
(f)  considerations about intended end use and the risk of diversion, including existence of a risk that the dual-use, and in particular, cyber-surveillance items will be diverted or re-exported under undesirable conditions, or be diverted to unintended military end-use or to terrorism.
Amendment 61
Proposal for a regulation
Article 14 – paragraph 1 a (new)
1a.  With regard to individual or global export authorisations or authorisations for brokering services or technical assistance for cyber-surveillance items, the competent authorities of the Member States shall in particular consider the risk of violation of the right to privacy, the right to data protection, freedom of speech and freedom of assembly and association, as well as risks relating to the rule of law, the legal framework for use of the items to be exported and the potential security risks for the Union and the Member States.
Where the competent authorities of a Member State come to the conclusion that the existence of such risks is likely to lead to serious violations of human rights, Member States shall not grant export authorisations or shall annul, suspend, modify or revoke existing authorisations.
Amendment 62
Proposal for a regulation
Article 14 – paragraph 2
2.  The Commission and the Council shall make available guidance and/or recommendations to ensure common risk assessments by the competent authorities of the Member States for the implementation of those criteria.
2.  The Commission and the Council shall make available guidelines, upon entry into force of this Regulation, to ensure common risk assessments by the competent authorities of the Member States for the implementation of those criteria and with a view to provide uniform criteria for licensing decisions. The Commission shall prepare guidelines in the form of a handbook detailing the steps to be followed by Member State competent licensing authorities and exporters exercising due diligence with practical recommendations on the implementation and compliance with the controls pursuant to point d of the first paragraph of Article 4 and the criteria listed in the first paragraph of Article 14, including examples of best practices. That handbook shall be developed in close cooperation with the EEAS and the Dual Use Coordination Group and shall involve external expertise from academics, exporters, brokers and civil society organizations, in accordance with procedures set out in paragraph 3 of Article 21 and shall be updated as is deemed necessary and appropriate.
The Commission shall establish a capacity-building programme by developing common training programmes for officials from licensing and customs enforcement authorities.
Amendment 63
Proposal for a regulation
Article 16 – paragraph 2 – point b
(b)  The list of dual-use items set out in Section B of Annex I may be amended if this is necessary due to risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the Union and its Member States.
(b)  The list of cyber-surveillance items set out in Section B of Annex I shall be amended if this is necessary due to risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the Union and its Member States or if controls for a significant amount of unlisted items have been triggered pursuant to point d of the first paragraph of Article 4 of this Regulation. Amendments may also concern decisions to delist products already listed.
Where imperative grounds of urgency require a removal or addition of specific items in Section B of Annex I, the procedure provided for in Article 17 shall apply to delegated acts adopted pursuant to this point.
Amendment 64
Proposal for a regulation
Article 16 – paragraph 2 – point b a (new)
(ba)   The Commission may remove items from the list, in particular if, as the result of the fast-changing technological environment, those items have become lower tier or mass market products, which are easily available or technically easily modifiable.
Amendment 65
Proposal for a regulation
Article 16 – paragraph 2 a (new)
2a.  Section B of Annex I shall be limited in scope to cyber-surveillance items and shall not contain items listed in Section A of Annex I;
Amendment 66
Proposal for a regulation
Article 18 – paragraph 5
5.  The Commission, in cooperation with the Member States, shall develop a guidance to support interagency cooperation between licensing and customs authorities.
5.  The Commission, in cooperation with the Member States, shall develop guidelines to support interagency cooperation between licensing and customs authorities.
Amendment 67
Proposal for a regulation
Article 20 – paragraph 2 – point a
(a)  information regarding the application of controls, including licensing data (number, value and types of licences and related destinations, number of users of general and global authorisations, number of operators with ICPs, processing times, volume and value of trade subject to intra-EU transfers etc), and, where available, data on exports of dual-use items carried out in other Member States;
(a)  all information regarding the application of controls;
Amendment 68
Proposal for a regulation
Article 20 – paragraph 2 – point b
(b)  information regarding the enforcement of controls, including details of exporters deprived of the right to use the national or Union general export authorisations, reports of violations, seizures and the application of other penalties ;
(b)  all information regarding the enforcement of controls, including details of exporters deprived of the right to use the national or Union general export authorisations, any reports of violations, seizures and the application of other penalties ;
Amendment 69
Proposal for a regulation
Article 20 – paragraph 2 – point c
(c)  data on sensitive end users, actors involved in suspicious procurement activities, and, where available, routes taken.
(c)  all data on sensitive end users, actors involved in suspicious procurement activities, and routes taken.
Amendment 70
Proposal for a regulation
Article 21 – paragraph 2
2.  The Chair of the Dual-Use Coordination Group shall, whenever it considers it to be necessary, consult exporters, brokers and other relevant stakeholders concerned by this Regulation.
2.  The Dual-Use Coordination Group shall, whenever it considers it to be necessary, consult exporters, brokers and other relevant stakeholders concerned by this Regulation.
Amendment 71
Proposal for a regulation
Article 21 – paragraph 3
3.  The Dual-Use Coordination Group shall, where appropriate, set up technical expert groups composed of experts from Member States to examine specific issues relating to the implementation of controls, including issues relating to the updating of the Union control lists in Annex I. Technical expert groups shall, where appropriate, consult exporters, brokers and other relevant stakeholders concerned by this Regulation.
3.  The Dual-Use Coordination Group shall, where appropriate, set up technical expert groups composed of experts from Member States to examine specific issues relating to the implementation of controls, including issues relating to the updating of the Union control lists in Section B of Annex I. Technical expert groups shall consult exporters, brokers, civil society organisations and other relevant stakeholders concerned by this Regulation. The Dual-Use Coordination Group shall in particular establish a technical working group on assessment criteria as referred in the point d of the first paragraph of Article 4 and point b of the first paragraph of Article 14 and on the elaboration of the guidelines for due diligence in consultation with an independent group of experts, academics and civil society organisations.
Amendment 72
Proposal for a regulation
Article 22 – paragraph 1
1.  Each Member State shall take appropriate measures to ensure proper enforcement of all the provisions of this Regulation. In particular, it shall lay down the penalties applicable to infringements of the provisions of this Regulation or of those adopted for its implementation. Those penalties must be effective, proportionate and dissuasive.
1.  Each Member State shall take appropriate measures to ensure proper enforcement of all the provisions of this Regulation. In particular, it shall lay down the penalties applicable to infringements, the facilitation of infringements and circumvention of the provisions of this Regulation or of those adopted for its implementation. Those penalties must be effective, proportionate and dissuasive. The measures shall include regular risk-based audits of exporters.
Amendment 73
Proposal for a regulation
Article 22 – paragraph 2
2.  The Dual-Use Coordination Group shall set up an Enforcement Coordination Mechanism with a view to establish direct cooperation and exchange of information between competent authorities and enforcement agencies.
2.  The Dual-Use Coordination Group shall set up an Enforcement Coordination Mechanism with a view to establish direct cooperation and exchange of information between competent authorities and enforcement agencies and to provide for uniform criteria for licensing decisions. Upon assessment by the Commission of the rules on penalties laid down by Member States, that mechanism shall provide for ways to make penalties for infringements of this Regulation similar in nature and effect.
Amendment 74
Proposal for a regulation
Article 24 – paragraph 1
1.  The Commission and the Council shall, where appropriate, make available guidance and/or recommendations for best practices for the subjects referred to in this Regulation to ensure the efficiency of the Union export control regime and the consistency of its implementation. The competent authorities of the Member States shall also, where appropriate, provide complementary guidance for exporters, brokers and transit operators resident or established in that Member State.
1.  The Commission and the Council shall, where appropriate, make available guidelines for best practices for the subjects referred to in this Regulation to ensure the efficiency of the Union export control regime and the consistency of its implementation. The competent authorities of the Member States shall also, where appropriate, provide complementary guidance for exporters, in particular SMEs, brokers and transit operators resident or established in that Member State.
Amendment 75
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 2
Member States shall provide to the Commission all appropriate information for the preparation of the report. This annual report shall be public.
Member States shall provide to the Commission all appropriate information for the preparation of the report. This annual report shall be public. Member States shall also disclose publicly, at least quarterly and in an easily accessible manner, meaningful information on each license with regard to the type of license, the value, the volume, nature of equipment, a description of the product, the end user and end use, the country of destination, as well as information regarding approval or denial of the license request. Commission and Member States shall take into account the legitimate interests of natural and legal persons concerned that their business secrets should not be divulged.
Amendment 76
Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 1
Between five and seven years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and report on the main findings to the European Parliament, the Council and the European Economic and Social Committee.
Between five and seven years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. This evaluation shall include a proposal on the deletion of Cryptography in Part 2 of Category 5 of Section A of Annex I.
Amendment 77
Proposal for a regulation
Article 25 – paragraph 1 – point d
(d)  where known, the end-use and end-user of the dual-use items.
(d)  the end-use and end-user of the dual-use items.
Amendment 78
Proposal for a regulation
Article 25 – paragraph 3
3.  The registers or records and the documents referred to in paragraphs 1 and 2 shall be kept for at least three years from the end of the calendar year in which the export took place or the brokering or technical assistance services were provided. They shall be produced, on request, to the competent authority.
3.  The registers or records and the documents referred to in paragraphs 1 and 2 shall be kept for at least five years from the end of the calendar year in which the export took place or the brokering or technical assistance services were provided. They shall be produced, on request, to the competent authority.
Amendment 79
Proposal for a regulation
Article 27 – paragraph 1
1.  The Commission and the competent authorities of the Member States shall, where appropriate, maintain regular and reciprocal exchange of information with third countries.
1.  The Commission and the competent authorities of the Member States shall engage, where appropriate, in relevant international organisations, such as the OECD and those multilateral export control regimes in which they participate to promote international adherence to the list of cyber-surveillance items subject to export controls in Section B of Annex I and, where appropriate, maintain regular and reciprocal exchange of information with third countries, including in the context of the dialogue on dual-use items provided for in the Union's partnership and cooperation agreements and strategic partnership agreements, engage in capacity-building and in promoting upward convergence. The Commission shall report annually to the European Parliament on such outreach activities.
Amendment 80
Proposal for a regulation
Annex I – Section A – DEFINITIONS OF TERMS USED IN THIS ANNEX
“Intrusion software” (4) means “software” specially designed or modified to avoid detection by ‘monitoring tools’, or to defeat ‘protective countermeasures’, of a computer or network-capable device, and performing any of the following:
“Intrusion software” (4) means “software” specially designed or modified to be run or installed without ‘authorisation’ from owners or ‘administrators’ of computers or network-capable devices, and performing any of the following:
a.  The extraction of data or information, from a computer or network-capable device, or the modification of system or user data; or
a.  The unauthorised extraction of data or information, from a computer or network-capable device, or the modification of system or user data; or
b.  The modification of the standard execution path of a program or process in order to allow the execution of externally provided instructions.
b.  The modification of system or user data to facilitate access to data stored on a computer or network-capable device by parties other than parties authorised by the owner of the computer or network-capable device.
Notes:
Notes:
1.  “Intrusion software” does not include any of the following:
1.  “Intrusion software” does not include any of the following:
a.  Hypervisors, debuggers or Software Reverse Engineering (SRE) tools;
a.  Hypervisors, debuggers or Software Reverse Engineering (SRE) tools;
b.  Digital Rights Management (DRM) “software”; or
b.  Digital Rights Management (DRM) “software”; or
c.  “Software” designed to be installed by manufacturers, administrators or users, for the purposes of asset tracking or recovery.
c.  “Software” designed to be installed by administrators or users, for the purposes of asset tracking, asset recovery or ‘ICT security testing’
ca.  “Software” that is distributed with the express purpose of helping detect, remove, or prevent its execution on computers or network-capable devices of unauthorised parties.
2.  Network-capable devices include mobile devices and smart meters.
2.  Network-capable devices include mobile devices and smart meters.
Technical Notes:
Technical Notes:
1.  ‘Monitoring tools’: “software” or hardware devices that monitor system behaviours or processes running on a device. This includes antivirus (AV) products, end point security products, Personal Security Products (PSP), Intrusion Detection Systems (IDS), Intrusion Prevention Systems (IPS) or firewalls.
1.  ‘Authorisation’: the informed consent of the user (i.e. an affirmative indication of comprehension regarding the nature, implications, and future consequences of an action, and agreement to the execution of that action).
2.  ‘Protective countermeasures’: techniques designed to ensure the safe execution of code, such as Data Execution Prevention (DEP), Address Space Layout Randomisation (ASLR) or sandboxing.
2.  ‘ICT security testing’: discovery and assessment of static or dynamic risk, vulnerability, error, or weakness affecting “software”, networks, computers, network-capable devices, and components or dependencies therefor, for the demonstrated purpose of mitigating factors detrimental to safe and secure operation, use or deployment.
Amendment 81
Proposal for a regulation
Annex I – Section B – title
B.  LIST OF OTHER DUAL-USE ITEMS
B.  LIST OF CYBER-SURVEILLANCE ITEMS
Amendment 82
Proposal for a regulation
Annex I – Section B – category 10 – point 10A001 – Technical note – point e a (new)
(ea)  network and security research for the purposes of authorised testing or the protection of information security systems.
Amendment 83
Proposal for a regulation
Annex II – Section A – part 3 – paragraph 3
3.  Any exporter intending to use this authorisation shall register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authority to the exporter within ten working days of receipt.
3.  A Member State may require exporters established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt.
Amendment 84
Proposal for a regulation
Annex II – Section A – part 3 – paragraph 4
4.  The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 10 days before the date of the first export.
4.  The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he or she is resident or established no later than 30 days after the date when the first export took place.
Amendment 85
Proposal for a regulation
Annex II – Section A – part 3 – paragraph 5 – point 4
(4)  where known, the end-use and end-user of the dual-use items.
(4)  the end-use and end-user of the dual-use items.
Amendment 86
Proposal for a regulation
Annex II – Section B – part 3 – paragraph 3
3.  Any exporter intending to use this authorisation shall register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authority to the exporter within 10 working days of receipt.
3.  A Member State may require exporters established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt.
Amendment 87
Proposal for a regulation
Annex II – Section B – part 3 – paragraph 5 – point 4
(4)  where known, the end-use and end-user of the dual-use items.
(4)  the end-use and end-user of the dual-use items.
Amendment 88
Proposal for a regulation
Annex II – Section C – part 3 – paragraph 5
5.  The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 10 days before the date of the first export.
5.  The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he or she is resident or established, no later than 30 days after the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is established, prior to the first use of that authorisation. Member States shall notify the Commission of the notification mechanism chosen for that authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.
Amendment 89
Proposal for a regulation
Annex II – Section C – part 3 – paragraph 6 – point 4
(4)  where known, the end-use and end-user of the dual-use items.
(4)  the end-use and end-user of the dual-use items.
Amendment 90
Proposal for a regulation
Annex II – Section D – part 3 – paragraph 6
6.  The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he is resident or established, no later than 10 days before the date of the first export.
6.  The registered exporter shall notify the first use of this authorisation to the competent authority of the Member State where he or she is resident or established no later than 30 days after the date when the first export took place or, alternatively, and in accordance with a requirement by the competent authority of the Member State where the exporter is established, prior to the first use of this authorisation. Member States shall notify the Commission of the notification mechanism chosen for this authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union.
Amendment 91
Proposal for a regulation
Annex II – Section D – part 3 – paragraph 7 – point 4
(4)  where known, the end-use and end-user of the dual-use items.
(4)  the end-use and end-user of the dual-use items.
Amendment 92
Proposal for a regulation
Annex II – Section F – part 3 – paragraph 5 – point 4
(4)  where known, the end-use and end-user of the dual-use items.
(4)  the end-use and end-user of the dual-use items.
Amendment 93
Proposal for a regulation
Annex II – Section G – part 3 – paragraph 8 – point 4
(4)  where known, the end-use and end-user of the dual-use items.
(4)  the end-use and end-user of the dual-use items.
Amendment 94
Proposal for a regulation
Annex II – Section H – part 3 – paragraph 1 – introductory part and point 1
1.  This authorisation authorises the transmission of the software and technology listed in Part 1 by any exporter resident or established in a Member State of the Union provided the item is only for use:
1.  That authorisation authorises the transmission of the software and technology listed in Part 1 by any company that is an exporter resident or established in a Member State to any sister company, subsidiary or parent company provided those entities are owned or controlled by the same parent company or are established in a Member State, provided the item in question is for use for company cooperation projects including commercial product development, research, servicing, production and usage and, in the case of employees and order processors, pursuant to the agreement establishing the employment relationship.
(1)  by the exporter or by any entity owned or controlled by the exporter;
Amendment 95
Proposal for a regulation
Annex II – Section H – part 3 – paragraph 1 – point 2
(2)  by employees of the exporter or of any entity owned or controlled by the exporter
deleted
Amendment 96
Proposal for a regulation
Annex II – Section H – part 3 – paragraph 1 – subparagraph 2
in its or their own commercial product development activities and, in the case of employees, pursuant to the agreement establishing the employment relationship.
deleted
Amendment 97
Proposal for a regulation
Annex II – Section I – part 3 – paragraph 3 – subparagraph 1
Any exporter intending to use this authorisation shall register prior to the first use of this authorisation with the competent authority of the Member State where he is resident or established. Registration shall be automatic and acknowledged by the competent authority to the exporter within 10 working days of receipt.
A Member State may require exporters established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt.
Amendment 98
Proposal for a regulation
Annex II – Section J – part 3 – paragraph 5 – point 4
(4)  where known, the end-use and end-user of the dual-use items.
(4)  the end-use and end-user of the dual-use items.

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0390/2017).


Nomination of a Member of the Court of Auditors – Eva Lindström
PDF 232kWORD 41k
European Parliament decision of 17 January 2018 on the nomination of Eva Lindström as a Member of the Court of Auditors (C8-0401/2017 – 2017/0819(NLE))
P8_TA(2018)0007A8-0003/2018

(Consultation)

The European Parliament,

–  having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8‑0401/2017),

–  having regard to Rule 121 of its Rules of Procedure,

–  having regard to the report of the Committee on Budgetary Control (A8-0003/2018),

A.  whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

B.  whereas at its meeting of 11 January 2018 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

1.  Delivers a favourable opinion on the Council’s nomination of Eva Lindström as a Member of the Court of Auditors;

2.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


Nomination of a Member of the Court of Auditors – Tony James Murphy
PDF 232kWORD 42k
European Parliament decision of 17 January 2018 on the nomination of Tony James Murphy as a Member of the Court of Auditors (C8-0402/2017 – 2017/0820(NLE))
P8_TA(2018)0008A8-0002/2018

(Consultation)

The European Parliament,

–  having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8‑0402/2017),

–  having regard to Rule 121 of its Rules of Procedure,

–  having regard to the report of the Committee on Budgetary Control (A8-0002/2018),

A.  whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

B.  whereas at its meeting of 11 January 2018 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

1.  Delivers a favourable opinion on the Council’s nomination of Tony James Murphy as a Member of the Court of Auditors;

2.  Calls on the Member States to pay attention to, and if possible take inspiration from, the open competition model used by Ireland when selecting their nominees;

3.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


Promotion of the use of energy from renewable sources ***I
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Amendments adopted by the European Parliament on 17 January 2018 on the proposal for a directive of the European Parliament and of the Council on the promotion of the use of energy from renewable sources (recast) (COM(2016)0767 – C8-0500/2016 – 2016/0382(COD))(1)
P8_TA(2018)0009A8-0392/2017

(Ordinary legislative procedure – recast)

Text proposed by the Commission   Amendment
Amendment 2
Proposal for a directive
Recital 2
(2)  Promoting renewable forms of energy is one of the goals of the Union energy policy. The increased use of energy from renewable sources, together with energy savings and increased energy efficiency, constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and comply with the 2015 Paris Agreement on Climate Change, and the Union 2030 energy and climate framework, including the binding target to cut emissions in the Union by at least 40% below 1990 levels by 2030. It also has an important part to play in promoting the security of energy supply, technological development and innovation and providing opportunities for employment and regional development, especially in rural and isolated areas or regions with low population density.
(2)  Promoting renewable forms of energy is one of the goals of the Union energy policy in accordance with Article 194(1) of the Treaty on the Functioning of the European Union (TFEU). The increased use of energy from renewable sources, together with energy savings and increased energy efficiency, constitutes the essential part of the package of measures needed to reduce greenhouse gas emissions and comply with the Union’s commitment under the 2015 Paris Agreement on Climate Change following the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP 21) (the ‘Paris Agreement’), and the necessity to reach net-zero emission domestically by 2050 at the latest. It also has a fundamental part to play in promoting the security of energy supply, sustainable energy at affordable prices, technological development and innovation as well as technological and industrial leadership while providing environmental, social and health benefits as well as major opportunities for employment and regional development, especially in rural and isolated areas, in regions with low population density and in territories undergoing partial deindustrialisation.
Amendment 3
Proposal for a directive
Recital 2 a (new)
(2a)  The Paris Agreement substantially increased the level of global ambition on climate change mitigation, with signatories committing to holding the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursuing efforts to limit the temperature increase to 1,5°C above pre-industrial levels. The Union needs to prepare for much deeper and faster cuts in emissions than previously foreseen, in order to shift to a highly energy efficient and renewables-based energy system at the latest by 2050. At the same time, such reductions are feasible at a lower cost than previously assessed, given the pace of development and deployment of renewable energy technologies such as wind and solar.
Amendment 4
Proposal for a directive
Recital 3
(3)  In particular, increasing technological improvements, incentives for the use and expansion of public transport, the use of energy efficiency technologies and the promotion of the use of energy from renewable sources in the electricity, heating and cooling sectors as well as in the transport sector are very effective tools, together with energy efficiency measures, for reducing greenhouse gas emissions in the Union and the Union's dependence on imported gas and oil.
(3)  In particular, reducing energy consumption, increasing technological improvements, expanding public transport, the use of energy efficiency technologies and the promotion of the use of energy from renewable sources in the electricity, heating and cooling sectors as well as in the transport sector are very effective tools, together with energy efficiency measures for reducing greenhouse gas emissions in the Union and the Union's energy dependence.
Amendment 5
Proposal for a directive
Recital 4
(4)  Directive 2009/28/EC established a regulatory framework for the promotion of the use of energy from renewable sources which set binding national targets on the share of renewable energy sources in energy consumption and transport to be met by 2020. Commission Communication of 22 January 201412 established a framework for future Union energy and climate policies and promoted a common understanding of how to develop those policies after 2020. The Commission proposed that the Union 2030 target for the share of renewable energy consumed in the Union should be at least 27%.
(4)  Directive 2009/28/EC established a regulatory framework for the promotion of the use of energy from renewable sources which set binding national targets on the share of renewable energy sources in energy consumption and transport to be met by 2020.
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12 "A policy framework for climate and energy in the period from 2020 to 2030" (COM/2014/015 final).
Amendment 6
Proposal for a directive
Recital 5
(5)  The European Council of October 2014 endorsed that target, indicating that Member States may set their own more ambitious national targets.
deleted
Amendment 7
Proposal for a directive
Recital 6
(6)  The European Parliament, in its Resolutions on "A policy framework for climate and energy in the period from 2020 to 2030" and on "the Renewable energy progress report", has favoured a binding Union 2030 target of at least 30% of total final energy consumption from renewable energy sources, stressing that that target should be implemented by means of individual national targets taking into account the individual situation and potential of each Member State.
(6)  The European Parliament, in its resolution of 5 February 2014 on "A 2030 framework for climate and energy policies", favoured a binding Union 2030 target of at least 30 % of total final energy consumption from renewable energy sources, stressing that that target should be implemented by means of individual national targets taking into account the individual situation and potential of each Member State. In its resolution of 23 June 2016 on "The renewable energy progress report”, the European Parliament went further, noting its previous position regarding a Union target of at least 30 % and stressing that, in light of the Paris Agreement and the recent renewable technology costs reductions, it was desirable to be significantly more ambitious.
Amendment 8
Proposal for a directive
Recital 6 a (new)
(6a)  The ambition set out in the Paris Agreement and technological developments, including cost reductions for investments in renewable energy, should therefore be taken into account.
Amendment 324
Proposal for a directive
Recital 7
(7)  It is thus appropriate to establish a Union binding target of at least 27% share of renewable energy. Member States should define their contribution to the achievement of this target as part of their Integrated National Energy and Climate Plans through the governance process set out in Regulation [Governance].
(7)  It is thus appropriate to establish a Union binding target of at least 35% share of renewable energy to be accompanied by national targets. Member States should only exceptionally be allowed to deviate from the foreseen level of their target by a maximum of 10% in duly substantiated, measurable and verifiable circumstances, based on objective and non-discriminatory criteria.
Amendment 10
Proposal for a directive
Recital 7 a (new)
(7a)  Member States’ renewable energy targets should be set taking into account the obligations set out in the Paris Agreement, the high potential that still exists for renewable energy and the investments necessary to realise the energy transition.
Amendment 11
Proposal for a directive
Recital 7 b (new)
(7b)  The translation of the Union’s 35 % target into individual targets for each Member State, should be effected with due regard to a fair and adequate allocation, taking account of Member States' GDP and the different starting points and potentials, including the level of energy from renewable sources to be reached by 2020.
Amendment 12
Proposal for a directive
Recital 8
(8)  The establishment of a Union binding renewable energy target for 2030 would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors. A target defined at the Union level would leave greater flexibility for Member States to meet their greenhouse gas reduction targets in the most cost-effective manner in accordance with their specific circumstances, energy mixes and capacities to produce renewable energy.
(8)  The establishment of a Union binding renewable energy target for 2030 would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors.
Amendment 13
Proposal for a directive
Recital 8 a (new)
(8a)  The Member States should consider the extent to which the use of different types of energy sources is compatible with the target of limiting warming to 1,5°C above pre-industrial levels, and compatible with the goal of a fossil-free economy and at the same time a low-carbon economy. The Commission should assess the contribution to those goals of different types of renewable energy sources based on the payback period and results compared to fossil fuels and to consider proposing a maximum allowable payback period as a sustainability criterion, in particular for ligno-cellulosic biomass.
Amendment 14
Proposal for a directive
Recital 10
(10)  Member States should take additional measures in the event that the share of renewables at the Union level does not meet the Union trajectory towards the at least 27% renewable energy target. As set out in Regulation [Governance], if an ambition gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Plans, the Commission may take measures at Union level in order to ensure the achievement of the target. If a delivery gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Progress Reports, Member States should apply the measures set out in Regulation [Governance], which are giving them enough flexibility to choose.
deleted
Amendment 15
Proposal for a directive
Recital 15
(15)  Support schemes for electricity generated from renewable sources have proved to be an effective way of fostering deployment of renewable electricity. If and when Member States decide to implement support schemes, such support should be provided in a form that is as non-distortive as possible for the functioning of electricity markets. To this end, an increasing number of Member States allocate support in a form where support is granted in addition to market revenues.
(15)  Support schemes for electricity generated from renewable sources have proved to be an effective way of fostering deployment of renewable electricity. If and when Member States decide to implement support schemes, such support should be provided in a form that is as non-distortive as possible for the functioning of electricity markets. To this end, an increasing number of Member States allocate support in a form where support is granted in addition to market revenues while taking into account the particularities of different technologies and the different abilities of small and large producers to respond to market signals.
Amendment 16
Proposal for a directive
Recital 16
(16)  Electricity generation from renewable sources should be deployed at the lowest possible cost for consumers and taxpayers. When designing support schemes and when allocating support, Member States should seek to minimise the overall system cost of deployment, taking full account of grid and system development needs, the resulting energy mix, and the long term potential of technologies.
(16)  Electricity generation from renewable sources, including energy storage, should be deployed so as to minimise the long-term cost of the energy-transition for consumers and taxpayers. When designing support schemes and when allocating support, Member States should seek to minimise the overall system cost of deployment, taking full account of grid and system development needs, the resulting energy mix, and the long term potential of technologies. Member States should also award support to installations using tenders, which may be either technology specific or neutral.
Amendment 17
Proposal for a directive
Recital 16 a (new)
(16a)  In its conclusions of 24 October 2014 on “2030 Climate and Energy Policy Framework”, the European Council stressed the importance of a more interconnected internal energy market and the need of sufficient support to integrate ever increasing levels of variable renewable energy and thus allow the Union to fulfil its leadership ambitions for the energy transition. It is therefore important urgently to increase the level of interconnection and make progress towards the European Council's agreed objectives, in order to maximise the Energy Union's full potential.
Amendment 18
Proposal for a directive
Recital 16 b (new)
(16b)  When developing support schemes for renewable sources of energy, Member States should take into account the principles of the Circular Economy and of the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council1a. Waste prevention and recycling of waste should be the priority option. Member States should avoid creating such support schemes, which would be counter to targets on treatment of waste and would lead to inefficient use of recyclable waste. Member States should also ensure that measures introduced under this Directive will not be counter to the objectives of the Directive 2008/98/EC.
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1a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 19
Proposal for a directive
Recital 16 c (new)
(16c)  With regard to the use of biotic energy sources, Member States should introduce safeguards in order to protect biodiversity and prevent the depletion or loss of ecosystems and any diversion from existing uses that would have a negative indirect or direct impact on biodiversity, soil or the overall greenhouse gas balance.
Amendment 20
Proposal for a directive
Recital 16 d (new)
(16d)  Member States should promote and prefer use of indigenous renewable resources, to the extent possible, and avoid distortive situations resulting in extensive import of resources from third countries. A life cycle approach should be considered and promoted in this respect.
Amendment 21
Proposal for a directive
Recital 16 e (new)
(16e)  Renewable energy communities, cities and local authorities should be entitled to participate in available support schemes on an equal footing with other large participants. To that end, Member States should be allowed to take measures, including provision of information, technical and financial support through single administrative contact points, reduce administrative requirements, include community-focused bidding criteria, create tailored bidding windows for renewable energy communities, or allow them to be remunerated through direct support.
Amendment 22
Proposal for a directive
Recital 16 f (new)
(16f)  The planning of the infrastructure needed for electricity generation from renewable sources should take into account policies relating to the participation of those affected by the projects, including any indigenous populations, paying due respect to their land rights.
Amendment 23
Proposal for a directive
Recital 16 g (new)
(16g)  Consumers should be provided with comprehensive information, including information on the energy efficiency gains of heating and cooling systems and lower running costs of electric vehicles, to allow them to make individual consumer choices with regard to renewable energies and avoid technological lock-in.
Amendment 24
Proposal for a directive
Recital 16 h (new)
(16h)   When fostering the development of the market for renewable energy resources, the negative impact on other market participants should be taken into account. Support schemes should therefore reduce the risk of market distortion and distortions of competition.
Amendment 25
Proposal for a directive
Recital 17 a (new)
(17a)  While Member States should be required to progressively and partially open support to projects located in other Member States to a level that reflects the physical flows between Member States, the opening of support schemes should remain voluntary beyond this mandatory share. Member States have different renewable energy potentials and operate different schemes of support for energy from renewable sources at national level. The majority of Member States apply support schemes that grant benefits solely to energy from renewable sources that is produced on their territory. For the proper functioning of national support schemes it is vital that Member States can control the effect and costs of their national support schemes according to their different potentials. One important means by which to achieve the aim of this Directive is to guarantee the proper functioning of national support schemes, as provided for in Directives 2001/77/EC and 2009/28/EC, in order to maintain investor confidence and allow Member States to design effective national measures for target compliance. This Directive aims to facilitate cross-border support of energy from renewable sources without affecting national support schemes in a disproportionate manner. It thus introduces, in addition to the mandatory partial opening of support schemes, optional cooperation mechanisms between Member States which allow them to agree on the extent to which one Member State supports the energy production in another and on the extent to which the energy production from renewable sources should count towards the national overall target of one or the other. In order to ensure the effectiveness of both measures of target compliance, i.e. national support schemes and cooperation mechanisms, it is essential that Member States are able to determine, beyond the minimum mandatory opening share, if and to what extent their national support schemes apply to energy from renewable sources produced in other Member States and to agree on this by applying the cooperation mechanisms provided for in this Directive.
Amendment 26
Proposal for a directive
Recital 18
(18)  Without prejudice to adaptations of support schemes to bring them in line with State aid rules, renewables support policies should be stable and avoid frequent changes. Such changes have a direct impact on capital financing costs, the costs of project development and therefore on the overall cost of deploying renewables in the Union. Member States should prevent the revision of any support granted to renewable energy projects from having a negative impact on their economic viability. In this context, Member States should promote cost-effective support policies and ensure their financial sustainability.
(18)  Subject to Articles 107 and 108 TFEU, renewables support policies should be predictable, stable and avoid frequent or retroactive changes. Policy unpredictability and instability have a direct impact on capital financing costs, the costs of project development and therefore on the overall cost of deploying renewables in the Union. Member States should announce any change in support policy in due time before the intended change and they should consult stakeholders in an adequate manner. In any case, Member States should prevent the revision of any support granted to renewable energy projects from having a negative impact on their economic viability. In this context, Member States should promote cost-effective support policies and ensure their financial sustainability.
Amendment 27
Proposal for a directive
Recital 19
(19)  Member States' obligations to draft renewable energy action plans and progress reports and the Commission's obligation to report on Member States' progress are essential in order to increase transparency, provide clarity to investors and consumers and allow for effective monitoring. Regulation [Governance] integrates those obligations in the Energy Union governance system, where planning, reporting and monitoring obligations in the energy and climate fields are streamlined. The transparency platform on renewable energy is also integrated in the broader e-platform established in Regulation [Governance].
(19)  Member States' obligations to draft renewable energy action plans and progress reports and the Commission's obligation to report on Member States' progress are essential in order to increase transparency, provide clarity to investors and consumers and allow for effective monitoring. In order to ensure that citizens are at the centre of the energy transition, Member States should develop long-term strategies facilitating the generation of renewable energy by cities, renewable energy communities and self-consumers, within their renewable energy action plans. Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)] integrates those obligations in the Energy Union governance system, where long-term strategies, planning, reporting and monitoring obligations in the energy and climate fields are streamlined. The transparency platform on renewable energy is also integrated in the broader e-platform established in Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)].
Amendment 28
Proposal for a directive
Recital 20 a (new)
(20a)  Renewable marine energies offer the Union a unique opportunity to reduce its dependency on fossil fuels, help achieve its CO2 emissions reduction targets and create a new branch of economic activity that generates jobs across large swathes of its territory, including in the outermost regions. The Union must therefore strive to create economic and regulatory conditions propitious to their deployment.
Amendment 29
Proposal for a directive
Recital 24 a (new)
(24a)  The communication of the Commission of 20 July 2016 entitled "A European Strategy for Low-Emission mobility" highlighted the particular importance, in the medium-term, of advanced biofuels for aviation. Commercial aviation is entirely reliant on liquid fuels as there is no safe or certified alternative for the civil aircraft industry.
Amendment 30
Proposal for a directive
Recital 25
(25)  In order to ensure that Annex IX takes into account the principles of the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council17, the Union sustainability criteria, and the need to ensure that the Annex does not create additional demand for land while promoting the use of wastes and residues, the Commission, when regularly evaluating the Annex, should consider the inclusion of additional feedstocks that do not cause significant distortive effects on markets for (by-)products, wastes or residues.
(25)  In order to ensure that Annex IX takes into account the principles of the circular economy, the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council17, the Union sustainability criteria, a life cycle assessment of emissions and the need to ensure that the Annex does not create additional demand for land while promoting the use of wastes and residues, the Commission should regularly evaluate the Annex and consider the effects on markets for (by-)products, wastes or residues in any amendments that it proposes.
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17 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
17 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 31
Proposal for a directive
Recital 25 a (new)
(25a)  The resolution of the European Parliament of 4 April 2017 on palm oil and deforestation of rainforests called on the Commission to take measures to phase out the use of vegetable oils that drive deforestation, including palm oil, as a component of biofuels, preferably by 2020.
Amendment 32
Proposal for a directive
Recital 28
(28)  It should be possible for imported electricity, produced from renewable energy sources outside the Union to count towards Member States’ renewable energy shares In order to guarantee an adequate effect of energy from renewable sources replacing conventional energy in the Union as well as in third countries it is appropriate to ensure that such imports can be tracked and accounted for in a reliable way. Agreements with third countries concerning the organisation of such trade in electricity from renewable energy sources will be considered. If, by virtue of a decision taken under the Energy Community Treaty18 to that effect, the contracting parties to that Treaty are bound by the relevant provisions of this Directive, the measures of cooperation between Member States provided for in this Directive should be applicable to them.
(28)  It should be possible for imported electricity, produced from renewable energy sources outside the Union to count towards Member States’ renewable energy shares. In order to guarantee an adequate effect of energy from renewable sources replacing conventional energy in the Union as well as in third countries it is appropriate to ensure that such imports can be tracked and accounted for in a reliable way and that they are in full respect of international law. Agreements with third countries concerning the organisation of such trade in electricity from renewable energy sources will be considered. If, by virtue of a decision taken under the Energy Community Treaty18 to that effect, the contracting parties to that Treaty are bound by the relevant provisions of this Directive, the measures of cooperation between Member States provided for in this Directive should be applicable to them.
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18 OJ L 198, 20.7.2006, p. 18.
18 OJ L 198, 20.7.2006, p. 18.
Amendment 33
Proposal for a directive
Recital 28 a (new)
(28a)  When Member States undertake joint projects with one or more third countries regarding the production of electricity from renewable energy sources, it is appropriate that those joint projects relate only to newly constructed installations or to installations with newly increased capacity. This will help ensure that the proportion of energy from renewable sources in the third country's total energy consumption is not reduced due to the importation of energy from renewable sources into the Union. In addition, the Member States concerned should facilitate the domestic use by the third country concerned of part of the production of electricity by the installations covered by the joint project. Furthermore, the third country concerned should be encouraged by the Commission and Member States to develop a renewable energy policy, including ambitious targets.
Amendment 34
Proposal for a directive
Recital 28 b (new)
(28b)   While this Directive establishes a Union Framework for the promotion of energy from renewable sources, it also contributes to the potential positive impact which the Union and the Member States can have in boosting the development of renewable energy sector in third countries. The Union and the Member States should promote research, development and investment in the renewable energy production in developing and other partner countries, thereby strengthening their environmental and economic sustainability and their export capacity of renewable energy. Furthermore, import of renewable energy from partner countries can help the Union and the Member States to reach their ambitious goals for decreasing carbon emissions.
Amendment 35
Proposal for a directive
Recital 28 c (new)
(28c)   Developing countries have increasingly adopted renewable energy policies at the national level, as they aim to produce energy from renewable sources to meet growing energy demand. More than 173 countries, including 117 developing or emerging economies, had established renewable energy targets by the end of 2015.
Amendment 36
Proposal for a directive
Recital 28 d (new)
(28d)   Energy use in developing countries is closely linked to a range of social issues: poverty alleviation, education, health, population growth, employment, enterprise, communication, urbanisation and a lack of opportunities for women. Renewable energies have the important potential of allowing development and environmental challenges to be dealt with jointly. In recent years there has been a significant development of alternative energy technologies, both in terms of performance and cost reduction. Moreover, many developing countries are particularly well positioned when it comes to developing a new generation of energy technologies. Apart from development and environmental benefits, renewable energies have the potential to provide increased security and economic stability. Increased use of renewable energy sources would reduce dependence on expensive fossil fuel imports and would help many countries improve their balance of payments.
Amendment 37
Proposal for a directive
Recital 31 a (new)
(31a)  Depending on the geological characteristics of an area, geothermal energy production may release greenhouse gases and other substances from underground fluids and other subsoil geological formations. Investment should be directed only towards geothermal energy production with low environmental impact and resulting in greenhouse gas saving compared to conventional sources. Therefore, the Commission should assess, by December 2018, whether there is a need for a legislative proposal aiming to regulate geothermal plants emissions of all substances, including CO2, which are harmful for health and the environment, both during exploration and operational phases.
Amendment 38
Proposal for a directive
Recital 33
(33)  At national and regional level, rules and obligations for minimum requirements for the use of energy from renewable sources in new and renovated buildings have led to considerable increases in the use of energy from renewable sources. Those measures should be encouraged in a wider Union context, while promoting the use of more energy-efficient applications of energy from renewable sources through building regulations and codes.
(33)  At national, regional and local level, rules and obligations for minimum requirements for the use of energy from renewable sources in new and renovated buildings have led to considerable increases in the use of energy from renewable sources. Those measures should be encouraged in a wider Union context, while promoting the use of more energy-efficient applications of energy from renewable sources in combination with energy saving and energy efficiency measures through building regulations and codes.
Amendment 39
Proposal for a directive
Recital 35
(35)  To ensure that national measures for developing renewable heating and cooling are based on comprehensive mapping and analysis of the national renewable and waste energy potential and provide for increased integration of renewable energy and waste heat and cold sources, it is appropriate to require that Member States carry out an assessment of their national potential of renewable energy sources and the use of waste heat and cold for heating and cooling, in particular to facilitate mainstreaming renewable energy in heating and cooling installations and promote efficient and competitive district heating and cooling as defined by Article 2(41) of Directive 2012/27/EU of the European Parliament and of the Council21 . To ensure consistency with energy efficiency requirements for heating and cooling and reduce administrative burden this assessment should be included in the comprehensive assessments carried out and notified in accordance with Article 14 of Directive 2012/27/EU.
(35)  To ensure that national measures for developing renewable heating and cooling are based on comprehensive mapping and analysis of the national renewable and waste energy potential and provide for increased integration of renewable energy, in particular by supporting innovative technologies such as heat pumps, geothermal and solar thermal technologies, and waste heat and cold sources, it is appropriate to require that Member States carry out an assessment of their national potential of renewable energy sources and the use of waste heat and cold for heating and cooling, in particular to facilitate mainstreaming renewable energy in heating and cooling installations and promote efficient and competitive district heating and cooling as defined by Article 2(41) of Directive 2012/27/EU of the European Parliament and of the Council21. To ensure consistency with energy efficiency requirements for heating and cooling and reduce administrative burden this assessment should be included in the comprehensive assessments carried out and notified in accordance with Article 14 of that Directive.
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21 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
21 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
Amendment 40
Proposal for a directive
Recital 36
(36)  The lack of transparent rules and coordination between the different authorisation bodies has been shown to hinder the deployment of energy from renewable sources. The establishment of a single administrative contact point integrating or coordinating all permit-granting processes should reduce complexity and increase efficiency and transparency. Administrative approval procedures should be streamlined with transparent timetables for installations using energy from renewable sources. Planning rules and guidelines should be adapted to take into consideration cost-effective and environmentally beneficial renewable heating and cooling and electricity equipment. This Directive, in particular the provisions on the organisation and duration of the permit granting process, should apply without prejudice to international and Union law, including provisions to protect the environment and human health.
(36)  The lack of transparent rules and coordination between the different authorisation bodies has been shown to hinder the deployment of energy from renewable sources. The establishment of a single administrative contact point integrating or coordinating all permit-granting processes should reduce complexity and increase efficiency and transparency, including for renewable self-consumers and renewable energy communities. Administrative approval procedures should be streamlined with transparent timetables for installations using energy from renewable sources. Planning rules and guidelines should be adapted to take into consideration cost-effective and environmentally beneficial renewable heating and cooling and electricity equipment. This Directive, in particular the provisions on the organisation and duration of the permit granting process, should apply without prejudice to international and Union law, including provisions to protect the environment and human health.
Amendment 41
Proposal for a directive
Recital 43
(43)  Guarantees of origin issued for the purpose of this Directive have the sole function of showing to a final customer that a given share or quantity of energy was produced from renewable sources. A guarantee of origin can be transferred, independently of the energy to which it relates, from one holder to another. However, with a view to ensuring that a unit of renewable energy is disclosed to a customer only once, double counting and double disclosure of guarantees of origin should be avoided. Energy from renewable sources in relation to which the accompanying guarantee of origin has been sold separately by the producer should not be disclosed or sold to the final customer as energy from renewable sources.
(43)  Guarantees of origin issued for the purpose of this Directive have the sole function of showing to a final customer that a given share or quantity of energy was produced from renewable sources. A guarantee of origin can be transferred, independently of the energy to which it relates, from one holder to another. However, with a view to ensuring that a unit of renewable energy is disclosed to a customer only once, double counting and double disclosure of guarantees of origin should be avoided. Energy from renewable sources in relation to which the accompanying guarantee of origin has been sold separately by the producer should not be disclosed or sold to the final customer as energy from renewable sources. It is important to distinguish between green certificates used for support schemes and guarantees of origin.
Amendment 42
Proposal for a directive
Recital 45
(45)  It is important to provide information on how the supported electricity is allocated to final customers. In order to improve the quality of that information to consumers, Member States should ensure that guarantees of origin are issued for all units of renewable energy produced. In addition, with a view to avoiding double compensation, renewable energy producers already receiving financial support should not receive guarantees of origin. However, those guarantees of origin should be used for disclosure so that final consumers can receive clear, reliable and adequate evidence on the renewable origin of the relevant units of energy. Moreover, for electricity that received support, the guarantees of origin should be auctioned to the market and the revenues should be used to reduce public subsidies for renewable energy.
(45)  It is important to provide information on how the supported electricity is allocated to final customers. In order to improve the quality of that information to consumers, Member States should ensure that guarantees of origin are issued for all units of renewable energy produced.
Amendment 43
Proposal for a directive
Recital 49
(49)  The opportunities for establishing economic growth through innovation and a sustainable competitive energy policy have been recognised. Production of energy from renewable sources often depends on local or regional SMEs. The opportunities for growth and employment that investments in regional and local production of energy from renewable sources bring about in the Member States and their regions are important. The Commission and the Member States should therefore support national and regional development measures in those areas, encourage the exchange of best practices in production of energy from renewable sources between local and regional development initiatives and promote the use of cohesion policy funding in this area.
(49)  The opportunities for establishing economic growth through innovation and a sustainable competitive energy policy have been recognised. Production of energy from renewable sources often depends on local or regional SMEs. The opportunities for local business development, sustainable growth and high-quality employment that investments in regional and local production of energy from renewable sources bring about in the Member States and their regions are important. The Commission and the Member States should therefore foster and support national and regional development measures in those areas, encourage the exchange of best practices in production of energy from renewable sources between local and regional development initiatives and enhance the provision of technical assistance and training programmes, in order to strengthen regulatory, technical and financial expertise on the ground and foster knowledge on available funding possibilities, including a more targeted use of Union funds, such as the use of cohesion policy funding in this area.
Amendment 44
Proposal for a directive
Recital 49 a (new)
(49a)  Local and regional authorities often set more ambitious renewable targets in excess of national targets. Regional and local commitments to stimulating development of renewables and energy efficiency are currently supported through networks, such as the Covenant of Mayors, Smart Cities or Smart Communities initiatives, and the development of sustainable energy action plans. Such networks are indispensable and should be expanded, as they raise awareness and facilitate exchanges of best practices and available financial support. In that context, the Commission should also support interested frontrunner regions and local authorities to work across borders by assisting in setting up cooperation mechanisms, such as European Grouping of Territorial Cooperation that enables public authorities of various Member States to team up and deliver joint services and projects, without requiring a prior international agreement to be signed and ratified by national parliaments.
Amendment 45
Proposal for a directive
Recital 49 b (new)
(49b)  Local authorities and cities are at the forefront of driving energy transition and increasing renewable energy deployment. As the closest level of government to citizens, local governments play a crucial role in building public support for the Union's energy and climate goals, while deploying more decentralised and integrated energy systems. It is important to ensure better access to finance for cities, towns, and regions to foster investments in local renewable energy.
Amendment 46
Proposal for a directive
Recital 49 c (new)
(49c)  Other innovative measures to attract more investment into new technologies, such as energy performance contracts and standardisation processes in public financing should also be considered.
Amendment 47
Proposal for a directive
Recital 50
(50)  When favouring the development of the market for renewable energy sources, it is necessary to take into account the positive impact on regional and local development opportunities, export prospects, social cohesion and employment opportunities, in particular as concerns SMEs and independent energy producers.
(50)  When favouring the development of the market for renewable energy sources, it is necessary to take into account the positive impact on regional and local development opportunities, export prospects, social cohesion and employment opportunities, in particular as concerns SMEs and independent energy producers, including renewable self-consumers and renewable energy communities.
Amendment 48
Proposal for a directive
Recital 51
(51)  The specific situation of the outermost regions is recognised in Article 349 of the Treaty on the Functioning of the European Union. The energy sector in the outermost regions is often characterised by isolation, limited supply and dependence on fossil fuels while these regions benefit from important local renewable sources of energy. The outermost regions could thus serve as examples of the application of innovative energy technologies for the Union. It is therefore necessary to promote the uptake of renewable energy in order to achieve a higher degree of energy autonomy for those regions and recognise their specific situation in terms of renewable energy potential and public support needs.
(51)  The specific situation of the outermost regions is recognised in Article 349 TFEU. The energy sector in the outermost regions is often characterised by isolation, limited and more costly supply and dependence on fossil fuels while these regions benefit from important local renewable sources of energy, particularly biomass, and marine energies. The outermost regions could thus serve as examples of the application of innovative energy technologies for the Union and become 100 % renewable territories. It is therefore necessary to adapt the renewable energy strategy in order to achieve a higher degree of energy autonomy for those regions, to strengthen the security of supply, and recognise their specific situation in terms of renewable energy potential and public support needs. Moreover, the outermost regions should be able to fully exploit their resources, in compliance with strict sustainability criteria and in line with local conditions and needs, in order to increase the production of renewable energies and strengthen their energy independence.
Amendment 49
Proposal for a directive
Recital 52
(52)  It is appropriate to allow for the development of decentralised renewable energy technologies under non-discriminatory conditions and without hampering the financing of infrastructure investments. The move towards decentralised energy production has many benefits, including the utilisation of local energy sources, increased local security of energy supply, shorter transport distances and reduced energy transmission losses. Such decentralisation also fosters community development and cohesion by providing income sources and creating jobs locally.
(52)  It is appropriate to allow for the development of decentralised renewable energy technologies and storage under non-discriminatory conditions and without hampering the financing of infrastructure investments. The move towards decentralised energy production has many benefits, including the utilisation of local energy sources, increased local security of energy supply, shorter transport distances and reduced energy transmission losses. Such decentralisation also fosters community development and cohesion by providing income sources and creating jobs locally.
Amendment 50
Proposal for a directive
Recital 53
(53)  With the growing importance of self-consumption of renewable electricity, there is a need for a definition of renewable self-consumers and a regulatory framework which would empower self-consumers to generate, store, consume and sell electricity without facing disproportionate burdens. Collective self-consumption should be allowed in certain cases so that citizens living in apartments for example can benefit from consumer empowerment to the same extent as households in single family homes.
(53)  With the growing importance of self-consumption of renewable electricity, there is a need for a definition of renewable self-consumers and a regulatory framework which would empower self-consumers to generate, store, consume and sell electricity without facing disproportionate burdens. Tariffs and remuneration for self-consumption should provide incentives for the development of smarter renewables integration technologies and motivate renewable self-consumers to make investment decisions that mutually benefit the consumer and the grid. To allow for such a balance, it is necessary to ensure that renewable self-consumers and renewable energy communities are entitled to receive remuneration for the self-generated renewable electricity they feed into the grid which reflects the market value of the electricity fed in, as well as the long-term value to the grid, the environment and society. This must include both long-term costs and benefits of self-consumption in terms of avoided costs to the grid, society and the environment, especially when combined with other distributed energy resources such as energy efficiency, energy storage, demand response and community networks. Such remuneration should be determined on the basis of the cost benefit analysis of distributed energy resources under Article 59 of Directive ... of the European Parliament and of the Council [on common rules for the internal market in electricity (recast), 2016/0380(COD)].
Amendment 51
Proposal for a directive
Recital 53 a (new)
(53a)  Collective self-consumption should be allowed in certain cases so that citizens living in apartments for example can benefit from consumer empowerment to the same extent as households in single family homes. Enabling collective self-consumption also provides opportunities for renewable energy communities to advance energy efficiency at household level and help fight energy poverty through reduced consumption and lower supply tariffs. Member States should take advantage of this opportunity by, inter alia, assessing the possibility to enable participation by households that might otherwise not be able to participate, including vulnerable consumers and tenants.
Amendment 52
Proposal for a directive
Recital 53 b (new)
(53b)  Member States must ensure compliance with the rules on consumption and on the introduction or strengthening of measures to combat forced sales, unfair selling and misleading claims in respect of the installation of renewable energy equipment predominantly affecting the most vulnerable groups (such as elderly people and people living in rural areas).
Amendment 53
Proposal for a directive
Recital 54
(54)  Local citizen participation in renewable energy projects through renewable energy communities has resulted in substantial added value in terms of local acceptance of renewable energy and access to additional private capital. This local involvement will be all the more crucial in a context of increasing renewable energy capacity in the future.
(54)  The participation of local citizens and local authorities in renewable energy projects through renewable energy communities has resulted in substantial added value in terms of local acceptance of renewable energy and access to additional private capital which results in local investment, more choice for consumers and greater participation by citizens in the energy transition, namely by encouraging the participation by households that might not otherwise be able to, the advancement of energy efficiency at household level, and helping to fight energy poverty through reduced consumption and lower supply tariffs. This local involvement will be all the more crucial in a context of increasing renewable energy capacity in the future.
Amendment 54
Proposal for a directive
Recital 55 a (new)
(55a)  It is important that Member States ensure a fair and non-distortionary allocation of networks costs and levies to all users of the electricity system. All network tariffs should be cost reflective.
Amendment 55
Proposal for a directive
Recital 57
(57)  Several Member States have implemented measures in the heating and cooling sector to reach their 2020 renewable energy target. However, in the absence of binding national targets post-2020, the remaining national incentives may not be sufficient to reach the long-term decarbonisation goals for 2030 and 2050. In order to be in line with such goals, reinforce investor certainty and foster the development of a Union-wide renewable heating and cooling market, while respecting the energy efficiency first principle, it is appropriate to encourage the effort of Member States in the supply of renewable heating and cooling to contribute to the progressive increase of the share of renewable energy. Given the fragmented nature of some heating and cooling markets, it is of utmost importance to ensure flexibility in designing such an effort. It is also important to ensure that a potential uptake of renewable heating and cooling does not have detrimental environmental side-effects.
(57)  Several Member States have implemented measures in the heating and cooling sector to reach their 2020 renewable energy target. In order to be in line with such goals, reinforce investor certainty and Foster the development of a Union-wide renewable heating and cooling market, while respecting the energy efficiency first principle, it is appropriate to encourage the effort of Member States in the supply of renewable heating and cooling to contribute to the progressive increase of the share of renewable energy. Given the fragmented nature of some heating and cooling markets, it is of utmost importance to ensure flexibility in designing such an effort. It is also important to ensure that a potential uptake of renewable heating and cooling does not have detrimental environmental side-effects on the environment and public health.
Amendment 56
Proposal for a directive
Recital 59 a (new)
(59a)  Household consumers and communities engaging in the trading of their flexibility, self-consumption or selling of their self-generated electricity, shall maintain their rights as consumers, including the rights to have a contract with a supplier of their choice and switching supplier.
Amendment 57
Proposal for a directive
Recital 60
(60)  The potential synergies between an effort to increase the uptake of renewable heating and cooling and the existing schemes under Directives 2010/31/EU and 2012/27/EU should be emphasised. Member States should, to the extent possible, have the possibility to use existing administrative structures to implement such effort, in order to mitigate the administrative burden.
(60)  The use of efficient renewable-based heating or cooling systems should go hand in hand with a deep renovation of buildings, thereby reducing energy demand and costs for consumers and contributing to alleviating energy poverty as well as creating qualified local jobs. To that end, the potential synergies between the need to increase the uptake of renewable heating and cooling and the existing schemes under Directives 2010/31/EU and 2012/27/EU should be emphasised. Member States should, to the extent possible, have the possibility to use existing administrative structures to implement such effort, in order to mitigate the administrative burden.
Amendment 58
Proposal for a directive
Recital 61 a (new)
(61a)  In the area of Intelligent Transport it is important to increase the development and deployment of electric mobility for road, as well as to accelerate the integration of advanced technologies into innovative rail by bringing forward the Shift2Rail initiative benefiting clean public transport.
Amendment 59
Proposal for a directive
Recital 62
(62)  The European Strategy for a low-carbon mobility of July 2016 pointed out that food-based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels. To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts, it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the Union target set out in this Directive.
(62)  Where pasture or agricultural land previously destined for food and feed production is diverted to biofuel production, it will continue to be necessary to satisfy the non-fuel demand by intensifying current production or bringing non-agricultural land into production elsewhere. The latter constitutes indirect land-use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions. The European Strategy for a low-carbon mobility of July 2016 pointed out that food-based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels. To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts, it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the Union target set out in this Directive while distinguishing crop-based biofuels with high greenhouse gas efficiency and a low risk of indirect land use change. The deployment of advanced biofuels and electric mobility should be accelerated.
Amendment 60
Proposal for a directive
Recital 63 a (new)
(63a)  The Union and the Member States should aim to increase the mix of energy from renewable sources, reduce the total consumption of energy in transport and increase energy efficiency in all transport sectors. Measures to do this could be promoted in transport planning as well as in the production of cars with higher energy efficiency.
Amendment 61
Proposal for a directive
Recital 63 b (new)
(63b)  Fuel efficiency standards for road transport would provide an effective way of promoting the uptake of renewable alternatives in the transport sector and of achieving further greenhouse gas emission savings and decarbonisation of the transport sector in the long run. Fuel efficiency standards should be advanced in line with developments in technology and climate and energy targets.
Amendment 286
Proposal for a directive
Recital 63 c (new)
(63c)  Advanced biofuels are expected to have an important role in reducing greenhouse gas emissions of aviation, and therefore the incorporation obligation should also be met specifically in relation to fuels supplied to aviation. Policies should be developed at Union and Member States level to encourage operational measures to save fuels in shipping, along with research and development efforts to increase wind and solar powered marine transport.
Amendment 63
Proposal for a directive
Recital 65 a (new)
(65a)  In order to more accurately account for the share of renewable electricity in transport, a suitable methodology should be developed and different technical and technological solutions for that purpose should be explored.
Amendment 64
Proposal for a directive
Recital 66
(66)  Feedstocks which have low indirect land use change impacts when used for biofuels, should be promoted for their contribution to the decarbonisation of the economy. Especially feedstocks for advanced biofuels, for which technology is more innovative and less mature and therefore needs a higher level of support, should be included in an annex to this Directive. In order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects, an evaluation should take place after the adoption of the Directive in order to assess the possibility to extend the annex to new feedstocks.
(66)  Feedstocks which have low indirect land use change impacts when used for biofuels, should be promoted for their contribution to the decarbonisation of the economy. Especially feedstocks for advanced biofuels, for which technology is more innovative and less mature and therefore needs a higher level of support, should be included in an annex to this Directive. In order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects, it should be regularly evaluated.
Amendment 65
Proposal for a directive
Recital 68
(68)  In order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy, the Union and the Member States should promote greater sustainable mobilisation of existing timber and agricultural resources and the development of new forestry and agriculture production systems.
(68)  In order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy, the Union and the Member States should promote energy uses only from greater sustainable mobilisation of existing timber and agricultural resources and the development of new forestry and agriculture production systems provided that sustainability and greenhouse gas emissions saving criteria are met.
Amendment 287
Proposal for a directive
Recital 68 a (new)
(68a)  The synergy between the circular economy, the bio-economy and the promotion of renewable energy should be further emphasised in order to ensure the most valuable use of the raw materials and the best environmental outcome. Policy measures adopted by the Union and the Member States in support of renewable energy production should always take into account the principle of resource efficiency and of optimised use of biomass.
Amendment 66
Proposal for a directive
Recital 69
(69)  Biofuels, bioliquids and biomass fuels should always be produced in a sustainable manner. Biofuels, bioliquids and biomass fuels used for compliance with the Union target laid down in this Directive, and those which benefit from support schemes, should therefore be required to fulfil sustainability and greenhouse gas emissions savings criteria.
(69)  Renewable energy should always be produced in a sustainable manner. Biofuels, bioliquids and biomass fuels used for compliance with the targets laid down in this Directive, and those forms of renewable energy which benefit from support schemes, should therefore be required to fulfil sustainability and greenhouse gas emissions savings criteria.
Amendment 67
Proposal for a directive
Recital 71
(71)  The production of agricultural raw material for biofuels, bioliquids and biomass fuels, and the incentives for their use provided for in this Directive, should not have effect of encouraging the destruction of biodiverse lands. Such finite resources, recognised in various international instruments to be of value to all mankind, should be preserved. It is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels, bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural raw material does not originate in biodiverse areas or, in the case of areas designated for nature protection purposes or for the protection of rare, threatened or endangered ecosystems or species, the relevant competent authority demonstrates that the production of the agricultural raw material does not interfere with such purposes. Forests should be considered as biodiverse according to the sustainibility criteria, where they are primary forests in accordance with the definition used by the Food and Agriculture Organisation of the United Nations (FAO) in its Global Forest Resource Assessment, or where they are protected by national nature protection law. Areas where the collection of non-wood forest products occurs should be considered to be biodiverse forests, provided the human impact is small. Other types of forests as defined by the FAO, such as modified natural forests, semi-natural forests and plantations, should not be considered as primary forests. Having regard, furthermore, to the highly biodiverse nature of certain grasslands, both temperate and tropical, including highly biodiverse savannahs, steppes, scrublands and prairies, biofuels, bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this Directive. The Commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards.
(71)  The production of agricultural raw material for biofuels, bioliquids and biomass fuels, and the incentives for their use provided for in this Directive, should not have, or encourage, a detrimental effect on biodiversity within or outside the Union. Such finite resources, recognised in various international instruments to be of value to all mankind, should be preserved. It is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels, bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural raw material does not originate in biodiverse areas or, in the case of areas designated for nature protection purposes or for the protection of rare, threatened or endangered ecosystems or species, the relevant competent authority demonstrates that the production of the agricultural raw material does not interfere with such purposes. Forests should be considered as biodiverse according to the sustainibility criteria, where they are primary forests in accordance with the definition used by the Food and Agriculture Organisation of the United Nations (FAO) in its Global Forest Resource Assessment, or where they are protected by national nature protection law. Areas where the collection of non-wood forest products occurs should be considered to be biodiverse forests, provided the human impact is small. Other types of forests as defined by the FAO, such as modified natural forests, semi-natural forests and plantations, should not be considered as primary forests. However, biodiversity, as well as the quality, health, viability and vitality of such forests should be guaranteed. Having regard, furthermore, to the highly biodiverse nature of certain grasslands, both temperate and tropical, including highly biodiverse savannahs, steppes, scrublands and prairies, biofuels, bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this Directive. The Commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards.
Amendment 68
Proposal for a directive
Recital 72 a (new)
(72a)  Union sustainability criteria for biofuel, bioliquids and biomass fuels should ensure that the transition to a low-carbon economy supports the objectives in the communication of the Commission of 2 December 2015 entitled ‘Closing the loop - An EU action plan for the Circular Economy’ and is firmly guided by the waste hierarchy established in Directive 2008/98/EC.
Amendment 69
Proposal for a directive
Recital 73
(73)  Agricultural feedstock for the production of biofuels, bioliquids and biomass fuels should not be produced on peatland as the cultivation of feedstock on peatland would result in significant carbon stock loss if the land was further drained for that purpose while the absence of such drainage cannot be easily verified.
(73)  Agricultural feedstock for the production of biofuels, bioliquids and biomass fuels should not be produced on peatland or wetland where this would involve drainage of soil as the cultivation of feedstock on peatland or wetland would result in significant carbon stock loss if the land was further drained for that purpose.
Amendment 70
Proposal for a directive
Recital 74 a (new)
(74a)  Agricultural feedstock for the production of biofuels, bioliquids and biomass fuels should be produced using practices that are consistent with the protection of soil quality and soil organic carbon.
Amendment 71
Proposal for a directive
Recital 75
(75)  It is appropriate to introduce Union-wide sustainability and greenhouse gas emission saving criteria for biomass fuels used in the electricity and heating and cooling generation, in order to continue to ensure high greenhouse gas savings compared to fossil fuel alternatives, to avoid unintended sustainability impacts, and to promote the internal market.
(75)  It is appropriate to introduce Union-wide sustainability and greenhouse gas emission saving criteria for biomass fuels used in the electricity and heating and cooling generation, in order to continue to ensure high greenhouse gas savings compared to fossil fuel alternatives, to avoid unintended sustainability impacts, and to promote the internal market. Without prejudice to the strict respect of primary resources with high environmental value, the outermost regions should be able to use the potential of their resources in order to increase the production of renewable energies and their energy independence.
Amendment 73
Proposal for a directive
Recital 76
(76)  To ensure that, despite the growing demand for forest biomass, harvesting is carried out in a sustainable manner in forests where regeneration is ensured, that special attention is given to areas explicitly designated for the protection of biodiversity, landscapes and specific natural elements, that biodiversity resources are preserved and that carbon stocks are tracked, woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as Forest Europe and are implemented through national laws or the best management practices at the forest holding level. Operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergy. To that end, operators should put in place a risk-based approach. In this context, it is appropriate for the Commission to develop operational guidance on the verification of compliance with the risk based approach, following the consultation of the Energy Union Governance Committee, and the Standing Forestry Committee established by Council Decision 89/367/EEC24.
(76)  To ensure that, despite the growing demand for forest biomass, harvesting is carried out in a sustainable manner in forests where regeneration is ensured, that special attention is given to areas explicitly designated for the protection of biodiversity, landscapes and specific natural elements, that biodiversity resources are preserved and that carbon stocks are tracked, woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as Forest Europe and are implemented through national laws or the best management practices at the supply base level. Operators should ensure that measures are taken to avoid or limit negative consequences of harvesting on the environment. To that end, operators should put in place a risk-based approach. In this context, it is appropriate for the Commission to develop arrangements for implementing the requirements based on best practices in Member States as well as operational guidance on the verification of compliance with the risk based approach, following the consultation of the Energy Union Governance Committee, and the Standing Forestry Committee established by Council Decision 89/367/EEC24.
Amendment 74
Proposal for a directive
Recital 76 a (new)
(76a)  If a single criterion relating to forest biomass sustainability is not provided for in national law or practice, more information corresponding to that criterion should be provided at supply base level without the requirement to provide further information on criteria that are already met at Member State level.
Amendment 75
Proposal for a directive
Recital 76 b (new)
(76b)  A risk-based approach should be carried out starting at national level. If the requirements of a single criterion are not provided for in national law or monitoring, the information regarding that part should be provided at supply base level in order to reduce the risk of unsustainable forest biomass production.
Amendment 76
Proposal for a directive
Recital 76 c (new)
(76c)  Harvesting for energy purposes has increased and is expected to continue to grow, resulting in higher imports of raw materials from third countries as well as an increase of the production of those materials within the Union. Operators should ensure that the harvesting is done in accordance with the sustainability criteria.
Amendment 77
Proposal for a directive
Recital 78
(78)  Biomass fuels should be converted into electricity and heat in an efficient way in order to maximise energy security and greenhouse gas savings, as well as to limit emissions of air pollutants and minimise the pressure on limited biomass resources. For this reason, public support to installations with a fuel capacity equal to or exceeding [20] MW, if needed, should only be given to highly efficient combined power and heat installations as defined Article 2(34) of Directive 2012/27/EU. Existing support schemes for biomass-based electricity should however be allowed until their due end date for all biomass installations. In addition electricity produced from biomass in new installations with a fuel capacity equal to or exceeding [20] MW should only count towards renewable energy targets and obligations in the case of highly efficient combined power and heat installations. In accordance with State aid rules, Member States should however be allowed to grant public support for the production of renewables to installations, and count the electricity they produce towards renewable energy targets and obligations, in order to avoid an increased reliance on fossil fuels with higher climate and environmental impacts where, after exhausting all technical and economic possibilities to install highly efficient combined heat and power biomass installations, Member States would face a substantiated risk to security of supply of electricity.
(78)  Biomass fuels should be converted into electricity and heat in an efficient way in order to maximise energy security and greenhouse gas savings, as well as to limit emissions of air pollutants and minimise the pressure on limited biomass resources. For this reason, public support to installations with a fuel capacity equal to or exceeding [20] MW, if needed, should only be given to highly efficient combined power and heat installations as defined Article 2(34) of Directive 2012/27/EU. Existing support schemes for biomass-based electricity should however be allowed until their due end date for all biomass installations. In addition electricity produced from biomass in new installations with a fuel capacity equal to or exceeding [20] MW should only count towards renewable energy targets and obligations in the case of highly efficient combined power and heat installations. In accordance with State aid rules, Member States should however be allowed to grant public support for the production of renewables to installations, and count the electricity they produce towards renewable energy targets and obligations, in order to avoid an increased reliance on fossil fuels with higher climate and environmental impacts where, after exhausting all technical and economic possibilities to install highly efficient combined heat and power biomass installations, Member States would face a substantiated risk to security of supply of electricity. In particular, support for installations producing renewable energy from biomass in outermost regions heavily dependent on energy imports should be strengthened, provided that sustainability criteria are met for the production of such renewable energy, adapted to the specific features of those regions.
Amendment 78
Proposal for a directive
Recital 80
(80)  Based on experience in the practical implementation of the Union sustainability criteria, it is appropriate to strengthen the role of voluntary international and national certification schemes for verification of compliance with the sustainability criteria in a harmonised manner.
(80)  Based on experience in the practical implementation of the Union sustainability criteria, it is appropriate to take into account the role of voluntary international and national certification schemes for verification of compliance with the sustainability criteria in a harmonised manner.
Amendment 79
Proposal for a directive
Recital 82
(82)  Voluntary schemes play an increasingly important role in providing evidence of compliance with the sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels. It is therefore appropriate for the Commission to require voluntary schemes, including those already recognised by the Commission, to report regularly on their activity. Such reports should be made public in order to increase transparency and to improve supervision by the Commission. Furthermore, such reporting would provide the necessary information for the Commission to report on the operation of the voluntary schemes with a view to identifying best practice and submitting, if appropriate, a proposal to further promote such best practice.
(82)  Voluntary schemes can play an important role in providing evidence of compliance with the minimum sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels. It is therefore appropriate for the Commission to require voluntary schemes, including those already recognised by the Commission, to report regularly on their activity. Such reports should be made public in order to increase transparency and to improve supervision by the Commission. Furthermore, such reporting would provide the necessary information for the Commission to report on the operation of the voluntary schemes with a view to identifying best practice and submitting, if appropriate, a proposal to further promote such best practice.
Amendment 80
Proposal for a directive
Recital 84
(84)  In order to avoid a disproportionate administrative burden, a list of default values should be laid down for common biofuel, bioliquid and biomass fuel production pathways and that list should be updated and expanded when further reliable data is available. Economic operators should always be entitled to claim the level of greenhouse gas emission saving for biofuels, bioliquids and biomass fuels established by that list. Where the default value for greenhouse gas emission saving from a production pathway lies below the required minimum level of greenhouse gas emission saving, producers wishing to demonstrate their compliance with this minimum level should be required to show that actual emissions from their production process are lower than those that were assumed in the calculation of the default values.
(84)  In order to avoid a disproportionate administrative burden, a list of default values should be laid down for common biofuel, bioliquid and biomass fuel production pathways and that list should be updated and expanded when further reliable data is available. Economic operators should always be entitled to claim the level of direct greenhouse gas emission saving for biofuels, bioliquids and biomass fuels established by that list. Where the default value for direct greenhouse gas emission saving from a production pathway lies below the required minimum level of greenhouse gas emission saving, producers wishing to demonstrate their compliance with this minimum level should be required to show that actual emissions from their production process are lower than those that were assumed in the calculation of the default values.
Amendment 81
Proposal for a directive
Recital 85
(85)  It is necessary to lay down clear rules for the calculation of greenhouse gas emission savings from biofuels, bioliquids and biomass fuels and their fossil fuel comparators.
(85)  It is necessary to lay down clear rules based on objective and non-discriminatory criteria, for the calculation of greenhouse gas emission savings from biofuels, bioliquids and biomass fuels and their fossil fuel comparators.
Amendment 72
Proposal for a directive
Recital 99
(99)   In order to amend or supplement non-essential elements of the provisions of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of feedstocks for the production of advanced biofuels, the contribution of which towards the fuel suppliers' obligation in transport is limited; the adaptation of the energy content of transport fuels to scientific and technical progress; the methodology to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process; the implementation of agreements on mutual recognition of guarantees of origin; the establishment of rules to monitor the functioning of the system of guarantees of origin; and the rules for calculating the greenhouse gas impact of biofuels, bioliquids and their fossil fuel comparators. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
(99)   In order to amend or supplement non-essential elements of the provisions of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of feedstocks for the production of advanced biofuels, the contribution of which towards the fuel suppliers' obligation in transport is limited; the adaptation of the energy content of transport fuels to scientific and technical progress; the methodology to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process; the implementation of agreements on mutual recognition of guarantees of origin; the establishment of rules to monitor the functioning of the system of guarantees of origin; the rules for calculating the greenhouse gas impact of biofuels, bioliquids and their fossil fuel comparators; the establishment of a maximum allowable payback period as a sustainability criterion, in particular for ligno-cellulosic biomass; and, in order to ensure full transparency throughout all sectors of energy production, the establishment, by 31 December 2018, of production criteria for fossil fuels and fossil energies. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 288
Proposal for a directive
Article 2 – paragraph 2 – point a
(a)  ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and, geothermal energy, ambient heat, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;
(a)  ‘energy from renewable sources’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and, geothermal energy, ambient energy, tide, wave and other ocean energy, hydropower, biomass, biomethane, landfill gas, sewage treatment plant gas and biogases;
Amendment 85
Proposal for a directive
Article 2 – paragraph 2 – point b
(b)  ‘ambient heat’ means heat energy at a useful temperature level which is extracted or captured by means of heat pumps that need electricity or other auxiliary energy to function, and which can be stored in the ambient air, beneath the surface of solid earth or in surface water. The reported values shall be established on the basis of the same methodology used for the reporting of heat energy extracted or captured by heat pumps;
(b)  ‘ambient energy’ means thermal energy at a useful temperature level which can be stored in the ambient air, excluding exhaust air, in surface water or in sewage water. The reported values shall be established on the basis of the same methodology used for the reporting of heat energy extracted or captured by heat pumps;
Amendment 86
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
(ba)  'geothermal energy' means energy stored in the form of heat beneath the surface of solid earth;
Amendment 289
Proposal for a directive
Article 2 – paragraph 2 – point c
(c)  ‘biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture, including vegetal and animal substances, forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of waste, including industrial and municipal waste of biological origin;
(c)  ‘biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture including vegetal and animal substances, forestry and related industries including fisheries and aquaculture but excluding peat and material embedded in geological formations and/or transformed to fossil, – as well as the biodegradable fraction of waste, including industrial, commercial and municipal waste of biological origin, and bacteria;
Amendment 88
Proposal for a directive
Article 2 – paragraph 2 – point d
(d)  ‘gross final consumption of energy’ means the energy commodities delivered for energy purposes to industry, transport, households, services including public services, agriculture, forestry and fisheries, including the consumption of electricity and heat by the energy branch for electricity and heat production and including losses of electricity and heat in distribution and transmission;
(d)  ‘gross final consumption of energy' means the energy commodities delivered for energy purposes to industry, transport, households, services including public services, agriculture, forestry and fisheries, including the consumption of electricity and heat by the energy branch for electricity, heat and transport fuel production and including losses of electricity and heat in distribution and transmission;
Amendment 89
Proposal for a directive
Article 2 – paragraph 2 – point e
(e)  ‘district heating’ or ‘district cooling’ means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings or sites, for the use of space or process heating or cooling;
(e)  ‘district heating’ or ‘district cooling’ means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from central or decentralised sources of production through a network to multiple buildings or sites, for the use of space or process heating or cooling;
Amendment 90
Proposal for a directive
Article 2 – paragraph 2 – point f
(f)  ‘bioliquids’ means liquid fuel for energy purposes other than for transport, including electricity and heating and cooling, produced from biomass;
(f)  ‘bioliquids’ means liquid fuel for energy purposes other than for transport, including electricity and heating and cooling, produced from biomass or by biomass;
Amendment 290
Proposal for a directive
Article 2 – paragraph 2 – point g
(g)  ‘biofuels’ means liquid fuel for transport produced from biomass;
(g)  ‘biofuels’ means liquid or gaseous fuel for transport produced from or by biomass;
Amendment 91
Proposal for a directive
Article 2 – paragraph 2 – point i
(i)  ‘support scheme’: means any instrument, scheme or mechanism applied by a Member State or a group of Member States, that promotes the use of energy from renewable sources by reducing the cost of that energy, increasing the price at which it can be sold, or increasing, by means of a renewable energy obligation or otherwise, the volume of such energy purchased. This includes, but is not restricted to, investment aid, tax exemptions or reductions, tax refunds, renewable energy obligation support schemes including those using green certificates, and direct price support schemes including feed-in tariffs and premium payments;
(i)  ‘support scheme’: means any instrument, scheme or mechanism applied by a Member State or a group of Member States, that promotes the use of energy from renewable sources by reducing the cost of that energy, increasing the price at which it can be sold, or increasing, by means of a renewable energy obligation or otherwise, the volume of such energy purchased. This includes, but is not restricted to, research and investment aid, tax exemptions or reductions, tax refunds, renewable energy obligation support schemes including those using green certificates, and direct price support schemes including feed-in tariffs and premium payments;
Amendment 93
Proposal for a directive
Article 2 – paragraph 2 – point q
(q)  ‘non-food cellulosic material’ means feedstocks mainly composed of cellulose and hemicellulose, and having a lower lignin content than ligno-cellulosic material; it includes food and feed crop residues (such as straw, stover, husks and shells), grassy energy crops with a low starch content (such as ryegrass, switchgrass, miscanthus, giant cane and cover crops before and after main crops), industrial residues (including from food and feed crops after vegetal oils, sugars, starches and protein have been extracted), and material from biowaste;
(q)  ‘non-food cellulosic material’ means feedstocks mainly composed of cellulose and hemicellulose, and having a lower lignin content than ligno-cellulosic material; it includes food and feed crop residues (such as straw, stover, husks and shells), grassy energy crops with a low starch content (such as ryegrass, switchgrass, miscanthus, giant cane and cover crops before and after main crops and ley crops such as grass, clover and alfalfa), industrial residues (including from food and feed crops after vegetal oils, sugars, starches and protein have been extracted), and material from biowaste;
Amendment 291
Proposal for a directive
Article 2 – paragraph 2 – point s
(s)  ‘renewable liquid and gaseous transport fuels of non-biological origin’ means liquid or gaseous fuels other than biofuels whose energy content comes from renewable energy sources other than biomass, and which are used in transport;
(s)  ‘renewable liquid and gaseous transport fuels of non-biological origin’ means liquid or gaseous fuels which are used in transport other than biofuels whose energy content comes from renewable energy sources other than biomass, where any carbon feedstock is captured from the ambient air;
Amendment 95
Proposal for a directive
Article 2 – paragraph 2 – point z
(z)  ‘repowering’ means renewing power plants producing renewable energy, including the full or partial replacement of installations or operation systems and equipment, in order to replace capacity or increase efficiency;
(z)  'repowering' means renewing power plants producing renewable energy, including the full or partial replacement of installations operation systems and equipment, in order to increase or replace capacity or increase efficiency;
Amendment 96
Proposal for a directive
Article 2 – paragraph 2 – point y
(y)  'waste heat or cold' means heat or cold which is generated as by-product in industrial or power generation installations and which would be dissipated unused in air or water without access to a district heating or cooling system;
(y)  'waste heat or cold' means unavoidable heat or cold which is generated as by-product in industrial installations or power generation installations (after the use of high-efficiency cogeneration or where cogeneration is not feasible), or from the tertiary sector, and which would be dissipated unused in air or water without access to a district heating or cooling system;
Amendment 97
Proposal for a directive
Article 2 – paragraph 2 – point aa
(aa)  ‘renewable self-consumer’ means an active customer as defined in Directive [MDI Directive] who consumes and may store and sell renewable electricity which is generated within his or its premises, including a multi-apartment block, a commercial or shared services site or a closed distribution system, provided that, for non-household renewable self-consumers, those activities do not constitute their primary commercial or professional activity;
(aa)  ‘renewable self-consumer’ means an active customer or a group of customers acting together as defined in Directive ... of the European Parliament and of the Council [on common rules for the internal market in electricity (recast), 2016/0380(COD)] who consume and may store and sell renewable electricity which is generated within their premises, including a multi-apartment block, residential area, a commercial, industrial or shared services site or in the same closed distribution system, provided that, for non-household renewable self-consumers, those activities do not constitute their primary commercial or professional activity;
Amendment 98
Proposal for a directive
Article 2 – paragraph 2 – point aa a (new)
(aaa)  ´renewable energy community´ means a local energy community as defined in Article 2 of Directive ... of the European Parliament and of the Council [on common rules for the internal market in electricity (recast), 2016/0380(COD)] that meets the requirements set out in Article 22(1) of this Directive;
Amendment 99
Proposal for a directive
Article 2 – paragraph 2 – point b b
(bb)  ‘renewable self-consumption’ means the generation and consumption, and, where applicable, storage, of renewable electricity by renewable self-consumers;
(bb)  ‘renewable self-consumption’ means the generation and consumption, and, where applicable, storage, of renewable energy by renewable self-consumers;
Amendment 100
Proposal for a directive
Article 2 – paragraph 2 – point cc
(cc)  ‘power purchase agreement’ means a contract under which a legal person agrees to purchase renewable electricity directly from an energy generator;
(cc)  ‘renewables power purchase agreement’ means a contract under which a legal or natural person agrees to purchase renewable electricity directly from an energy generator
Amendment 305
Proposal for a directive
Article 2 – paragraph 2 – point ee
(ee)  ‘advanced biofuels’ means biofuels that are produced from feedstocks listed in part A of Annex IX;
(ee)  ‘advanced biofuels’ means biofuels that are produced from feedstocks listed in part A of Annex IX, and from waste and residual biomass not originating from food/feed crops where such biomass fulfils the sustainability criteria as set out in Article 26;
Amendment 103
Proposal for a directive
Article 2 – paragraph 2 – point ff
(ff)  ‘waste-based fossil fuels’ means liquid and gaseous fuels produced from waste streams of non-renewable origin, including waste processing gases and exhaust gases;
deleted
Amendment 104
Proposal for a directive
Article 2 – paragraph 2 – point ff a (new)
(ffa)  ‘recycled carbon fuels’ means liquid and gaseous fuels produced from unavoidable waste streams of non-renewable origin, including waste processing gases and exhaust gases, with substantial greenhouse gas savings over their entire life cycle; if produced from solid waste streams, only waste that is not reusable and not mechanically recyclable shall be used, with full respect of the waste hierarchy established in Directive 2008/98/EC; if produced from gaseous process emissions, these must be emitted as an unavoidable and not intentional consequence of the manufacturing process; the proportion of gaseous waste used for the production of these recycled carbon fuels cannot be credited under other emissions reduction schemes, such as the EU Emission Trading System;
Amendment 105
Proposal for a directive
Article 2 – paragraph 2 – point jj
(jj)  ‘harvesting permit’ means an official document giving the right to harvest the forest biomass;
(jj)  'harvesting permit' means a legal permit or similar right under national and/or regional law to harvest the forest biomass;
Amendment 106
Proposal for a directive
Article 2 – paragraph 2 – point mm
(mm)  ‘forest holding’ means one or more parcels of forest and other wooded land which constitute a single unit from the point of view of management or utilisation;
(mm)  ‘supply base’ means the geographic region from which biomass feedstock originates;
Amendment 107
Proposal for a directive
Article 2 – paragraph 2 – point nn
(nn)  'biowaste' means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises, and comparable waste from the food processing industry;
(nn)  'bio-waste' means bio-waste as defined in point (4) of Article 3 of Directive 2008/98/EC;
Amendment 108
Proposal for a directive
Article 3 – Title
Union binding overall target for 2030
Union binding overall target and national targets for 2030
Amendment 109
Proposal for a directive
Article 3 – paragraph 1
1.  Member States shall collectively ensure that the share of energy from renewable sources in the Union's gross final consumption of energy in 2030 is at least 27%.
1.  Member States shall collectively ensure that the share of energy from renewable sources in the Union's gross final consumption of energy in 2030 is at least 35 %.
Amendment 306
Proposal for a directive
Article 3 – paragraph 1 a (new)
1a.   Each Member State shall ensure that the share of energy from renewable sources in all forms of transport in 2030 is at least 12% of the final consumption of energy in transport in that Member State. In order to achieve the target of 12% of final energy consumption from renewable sources, Member States shall require, with effect from 1 January 2021, fuel suppliers to include a minimum share of renewable energy referred to in Article 25.
In order to count towards this target, the greenhouse gas emissions savings from the use of biofuels and biogas shall comply with the criteria laid down in Article 26(7) when compared to fossil fuels in accordance with the methodology referred to in Article 28(1).
Where the contribution from biofuels produced from food and feed crops in a Member State is below 2 % and thus not sufficient to cover the difference between the fuel supplier obligation and the 12 % transport target, that Member State may, accordingly, adjust their cap set out in Article 7(1) up to a maximum of 2 %.
Amendment 111
Proposal for a directive
Article 3 – paragraph 2
2.  Member States' respective contributions to this overall 2030 target shall be set and notified to the Commission as part of their Integrated National Energy and Climate Plans in accordance with Articles 3 to 5 and Articles 9 to 11 of Regulation [Governance].
2.  Member States shall set targets to meet this overall 2030 target as part of their Integrated National Energy and Climate Plans in accordance with Articles 3 to 5 and Articles 9 to 13 of Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)]. If, on the basis of the assessment of the final integrated national energy and climate plans submitted pursuant to Article 3 of Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)], the Commission concludes that Member States’ targets are insufficient for the collective achievement of the Union’s binding overall target, Member States with a target below that resulting from applying the formula set out in Annex Ia shall increase their target accordingly.
Where a Member State cannot meet its target because of exceptional and duly justified circumstances, it may deviate from its target by a maximum of 10 %, notifying the Commission by 2025. Should this put at risk the achievement of the Union binding overall target, the Commission and Member States shall take corrective measures as those set out in Article 27(4) of Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)], to effectively cover the gap.
Amendment 321
Proposal for a directive
Article 3 – paragraph 2 a (new)
2a.   Member States shall ensure that their national policies, including support schemes, are designed to conform to the waste hierarchy, as set out in Article 4 of Directive 2008/98/EC and avoid significant distortive effects on markets for (by)products, wastes and residues. To that end, Member States shall regularly review their national policies and justify any deviation in the reports required under Article 18(c) of Regulation …of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)].
Amendment 113
Proposal for a directive
Article 3 – paragraph 4
4.  The Commission shall support the high ambition of Member States through an enabling framework comprising the enhanced use of Union funds, in particular financial instruments, especially in view of reducing the cost of capital for renewable energy projects.
4.  The Commission shall support the high ambition of Member States through an enabling framework comprising the enhanced use of Union funds, in particular financial instruments, especially in view of reducing the cost of capital for renewable energy projects and supporting renewable generation projects of cross-border dimension.
Amendment 114
Proposal for a directive
Article 4 – title
Financial support for electricity from renewable sources
Support for energy from renewable sources
Amendment 322/rev
Proposal for a directive
Article 4 – paragraph 1
1.  Subject to State aid rules, in order to reach the Union target set in Article 3(1), Member States may apply support schemes. Support schemes for electricity from renewable sources shall be designed so as to avoid unnecessary distortions of electricity markets and ensure that producers take into account the supply and demand of electricity as well as possible grid constraints.
1.  Pursuant to Article 195 TFEU and subject to Articles 107 and 108 thereof, in order to reach or exceed the Union and national targets set in Article 3, Member States may apply support schemes.
To avoid unnecessary distortions of raw material markets, support schemes for renewable energy from biomass shall be designed to avoid encouraging inappropriate use of biomass primarily for energy production if there exists industrial or material uses providing higher added-value, which could include giving priority to the use of wastes and residues. Members States should take into account available sustainable supply of biomass. Support schemes for electricity from renewable sources shall be market-based so as to avoid the distortion of electricity markets and shall ensure that producers take into account the supply and demand of electricity as well as possible system integration costs or grid constraints.
Amendment 116
Proposal for a directive
Article 4 – paragraph 1 a (new)
1a.  Member States may apply technology-neutral or technology- specific support schemes. Technology-specific support schemes may be applied in particular on the basis of one or more of the following grounds:
(a)  the long-term potential of a particular technology;
(b)  the need to achieve technological or regional diversification of the energy mix;
(c)  efficient system planning and grid integration;
(d)  network constraints and grid stability;
(e)  environmental constraints.
Amendment 117
Proposal for a directive
Article 4 – paragraph 2
2.  Support for electricity from renewable sources shall be designed so as to integrate electricity from renewable sources in the electricity market and ensure that renewable energy producers are responding to market price signals and maximise their market revenues.
2.  Support for electricity from renewable sources shall be designed so as to maximise the integration of electricity from renewable sources in the electricity market and ensure that renewable energy producers are responding to market price signals and maximise their market revenues, while offering renewable energy sources compensation for market distortions.
Member States may provide for exemptions benefiting small-scale installations of less than 500 kW and demonstration projects. However, electricity from wind energy shall be subject to a threshold of 3 MW of installed electricity capacity or 3 generation units.
Without prejudice to the thresholds mentioned in the second subparagraph, Member States may support renewable energy communities through other mechanisms and procedures.
Amendment 118
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1 a (new)
Where support for renewable energy is granted by means of a tendering procedure, paragraph 3a shall apply unless the support is intended for small-scale installations of less than 1 MW, wind energy projects of up to 6 generating units or 6 MW, or demonstration projects.
Amendment 119
Proposal for a directive
Article 4 – paragraph 3 a (new)
3a.  Where support for renewable energy is granted by means of a tendering procedure, in order to ensure a high project realisation rate, Member States shall:
(a)  establish and publish non-discriminatory and transparent pre-qualification criteria and rules on the delivery period of the project;
(b)  consult stakeholders to review the draft tender specifications;
(c)  publish information about past tenders including project realisation rates.
Amendment 120
Proposal for a directive
Article 4 – paragraph 3 b (new)
3b.  Member States shall publish a long-term schedule in relation to the expected allocation of support, covering at least the next five years and including the indicative timing, including frequency of tenders where appropriate, the capacity, the budget or the maximum unitary support expected to be allocated and the eligible technologies.
Amendment 121
Proposal for a directive
Article 4 – paragraph 3 c (new)
3c.  Member States shall take into account the specificities of renewable energy communities and self-consumers when designing support schemes in order to enable them to compete on an equal footing.
Amendment 122
Proposal for a directive
Article 4 – paragraph 3 d (new)
3d.  In order to increase the generation of energy from renewable sources in the outermost regions and small islands, Member States may adapt financial support for projects located in those regions in order to take into account the production costs associated with their specific conditions of isolation and external dependence.
Amendment 123
Proposal for a directive
Article 4 – paragraph 4
4.  Member States shall assess the effectiveness of their support for electricity from renewable sources at least every four years. Decisions on the continuation or prolongation of support and design of new support shall be based on the results of the assessments.
4.  Member States shall assess the effectiveness of their support for electricity from renewable sources and its distributive effects on different consumer groups, including on industrial competitiveness, at least every four years.
That assessment shall take into account the effect of possible changes to the support schemes on investments. Member States shall include the assessment in their national energy and climate plans and updates of those plans in compliance with the Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)].
Long-term planning governing the decisions of the support and design of new support shall be based on the results of the assessments, considering their overall effectiveness in reaching renewable targets and other goals, such as affordability and the development of energy communities, and considering its distributive effects on different consumer groups, including on industrial competitiveness.
Amendment 124
Proposal for a directive
Article 4 – paragraph 4 a (new)
4a.  By ... [2021] and every three years thereafter, the Commission shall report to the European Parliament and to the Council on the performance of support granted by means of tendering procedures in the Union, analysing, in particular the ability of tenders to:
(a)  achieve cost-reduction;
(b)  achieve technological improvement;
(c)  achieve high realisation rates;
(d)  provide non-discriminatory participation of small actors and local authorities.
Amendment 125
Proposal for a directive
Article 4 – paragraph 4 b (new)
4b.  By ... [six months after the date of entry into force of this Directive], the Commission shall review the Guidelines on State aid for environmental protection and energy 2014-2020 (2014/C 200/01) in order to incorporate fully the general principles laid down in Article 4 of this Directive.
Amendment 126
Proposal for a directive
Article 4 – paragraph 4 c (new)
4c.  By way of derogation from paragraph 1 of this Article, Member States shall ensure that no support scheme for energy from renewable sources is provided for municipal waste which does not comply with the separate collection obligations set out in Directive 2008/98/EC.
Amendment 127
Proposal for a directive
Article 5 – paragraph 1
1.  Member States shall open support for electricity generated from renewable sources to generators located in other Member States under the conditions laid down in this Article.
1.  Member States shall open support for electricity generated from renewable sources to generators located in other Member States Under the conditions laid down in this Article. Member States may limit their support to installations in Member States to which there is a direct connection via interconnectors.
Amendment 128
Proposal for a directive
Article 5 – paragraph 2
2.  Member States shall ensure that support for at least 10% of the newly-supported capacity in each year between 2021 and 2025 and at least 15% of the newly-supported capacity in each year between 2026 and 2030 is open to installations located in other Member States.
2.  Member States shall ensure that support for at least 8 % of the newly-supported capacity in each year between 2021 and 2025 and at least 13 % of the newly-supported capacity in each year between 2026 and 2030 is open to installations located in other Member States. Beyond those minimum levels, Member States shall have the right to decide, in accordance with Articles 7 to 13 of this Directive, to which extent they support energy from renewable sources which is produced in a different Member State.
Amendment 129
Proposal for a directive
Article 5 – paragraph 2 a (new)
2a.  Member States may request the Commission to exempt them from the obligations laid down in this Article, including the decision to not allow installations located in their territory to participate in support schemes organised in other Member States on one or more of the following grounds:
(a)  insufficient interconnection capacity;
(b)  insufficient natural resources;
(c)  detrimental effects on energy security or the smooth functioning of the energy market of the Member State requesting the exemption.
Any such exemption shall be published in the Official Journal of the European Union and shall be reviewed by 31 December 2025.
Amendment 130
Proposal for a directive
Article 5 – paragraph 3
3.  Support schemes may be opened to cross-border participation through, inter alia, opened tenders, joint tenders, opened certificate schemes or joint support schemes. The allocation of renewable electricity benefiting from support under opened tenders, joint tenders or opened certificate schemes towards Member States respective contributions shall be subject to a cooperation agreement setting out rules for the cross-border disbursement of funding, following the principle that energy should be counted towards the Member State funding the installation.
3.  Support schemes may be opened to cross-border participation through, inter alia, opened tenders, joint tenders, opened certificate schemes, or joint support schemes. The allocation of renewable electricity benefiting from support under opened tenders, joint tenders, opened certificate schemes towards Member States respective contributions shall be subject to a cooperation agreement setting out rules for the cross-border scheme, including conditions for participation and disbursement of funding taking into account different taxes and fees, following the principle that energy should be counted towards the Member State funding the installation. The cooperation agreement shall aim to harmonise the administrative framework conditions in the cooperation countries to ensure a level playing field.
Amendment 131
Proposal for a directive
Article 5 – paragraph 4
4.  The Commission shall assess by 2025 the benefits on the cost-effective deployment of renewable electricity in the Union of provisions set out in this Article. On the basis of this assessment, the Commission may propose to increase the percentages set out in paragraph 2.
4.  The Commission shall assist Member States throughout the negotiation process and the setting up of the cooperation arrangements by providing information and analysis, including quantitative and qualitative data on direct and indirect cost and benefits of cooperation, as well as guidance and technical expertise throughout the process. To that end, the Commission shall encourage the exchange of best practice and develop templates for cooperation agreements facilitating the process.
The Commission shall assess by 2025 the benefits on the cost-effective deployment of renewable electricity in the Union of provisions set out in this Article. On the basis of this assessment, the Commission may propose to modify the percentages set out in paragraph 2.
Amendment 132
Proposal for a directive
Article 6 – paragraph 1
Without prejudice to adaptations necessary to comply with State aid rules, Member States shall ensure that the level of, and the conditions attached to, the support granted to renewable energy projects are not revised in a way that negatively impacts the rights conferred thereunder and the economics of supported projects.
Member States shall ensure that the level of, and the conditions attached to, the support granted to new or existing renewable energy projects are not revised in a way that negatively impacts the rights conferred thereunder and their economics.
When other regulatory instruments are changed and those changes affect supported renewable energy projects, Member States shall ensure that regulatory changes do not have a negative impact on the economics of the supported projects.
Amendment 133
Proposal for a directive
Article 6 – paragraph 1 a (new)
Member States shall ensure that any modification of support schemes is carried out on the basis of long-term planning in accordance with Article 4(4), is publicly announced at least nine months before it is to enter into force and is subject to a transparent and inclusive public consultation process. Any substantial change to an existing support scheme shall include an appropriate transitional period before the new support scheme enters into force.
Where regulatory or grid operation changes impact negatively on the economics of supported projects in a significant or discriminatory manner, Member States shall ensure that those supported projects receive compensation.
Amendment 307
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State's gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,8% in 2030 following the trajectory set out in part A of Annex X. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change.
For the calculation of a Member State's gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than the contribution from those to the gross final consumption of energy from renewable energy sources in 2017 in that Member State, with a maximum of 7 % of gross final consumption in road and rail transport.
The contribution from biofuels and bioliquids produced from palm oil shall be 0 % from 2021. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change and other unintended sustainability impacts.
Amendment 136
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
For the purposes of paragraph 1(a), gross final consumption of electricity from renewable energy sources shall be calculated as the quantity of electricity produced in a Member State from renewable energy sources, including the production of electricity from renewable self-consumers and energy communities and excluding the production of electricity in pumped storage units from water that has previously been pumped uphill.
For the purposes of paragraph 1(a), gross final consumption of electricity from renewable energy sources shall be calculated as the quantity of electricity produced in a Member State from renewable energy sources, including the production of electricity from renewable self-consumers and renewable energy communities and excluding the production of electricity in pumped storage units from water that has previously been pumped uphill.
Amendment 137
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 3
Ambient heat energy captured by heat pumps shall be taken into account for the purposes of paragraph 1(b) provided that the final energy output significantly exceeds the primary energy input required to drive the heat pumps. The quantity of heat to be considered as energy from renewable sources for the purposes of this Directive shall be calculated in accordance with the methodology laid down in Annex VII.
Ambient energy and geothermal energy transferred by heat pumps for the production of heating or cooling shall be taken into account for the purposes of paragraph 1(b) provided that the final energy output significantly exceeds the primary energy input required to drive the heat pumps. The quantity of heat to be considered as energy from renewable sources for the purposes of this Directive shall be calculated in accordance with the methodology laid down in Annex VII.
Amendment 138
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 4 a (new)
The Commission is empowered to adopt delegated acts in accordance with Article 32 in order to supplement this Directive by establishing a methodology for calculating the quantity of renewable energy used for heating and cooling and district heating and cooling and to revise Annex VII on calculation of energy from heat pumps.
Amendment 139
Proposal for a directive
Article 7 – paragraph 4 – point b a (new)
(ba)  For the purpose of complying with the target set out in Article 3(1)(a), the contribution of fuels supplied in aviation and maritime sector shall be considered to be 2 times and 1,2 times their energy content respectively, and the contribution of renewable electricity supplied to road vehicles shall be considered to be 2.5 times its energy content.
Amendments 140 and 308
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not to remove them. Each delegated act shall be based on an analysis of the latest scientific and technical progress, taking due account of the principles of the waste hierarchy established in Directive 2008/98/EC, in compliance with the Union sustainability criteria, supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues, while avoiding significant distortive effects on markets for (by-)products, wastes or residues, delivering substantial greenhouse gas emission savings compared to fossil fuels, and not creating risk of negative impacts on the environment and biodiversity.
The Commission is empowered to adopt delegated acts in accordance with Article 32 in order to amend the list of feedstocks in parts A and B of Annex IX. Each delegated act shall be based on an analysis of the latest scientific and technical progress, taking due account of the principles of the circular economy, the waste hierarchy established in Directive 2008/98/EC, in compliance with the Union sustainability criteria, supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues, while avoiding significant distortive effects on markets for (by-)products, wastes or residues, delivering substantial greenhouse gas emission savings compared to fossil fuels based on a life cycle assessment of emissions, and not creating risk of negative impacts on the environment and biodiversity.
Amendment 309
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 3
Every 2 years, the Commission shall carry out an evaluation of the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, in line with the principles set out in this paragraph. The first evaluation shall be carried out no later than 6 months after [date of entry into force of this Directive]. If appropriate, the Commission shall adopt delegated acts to amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not to remove them.
Every two years, the Commission shall carry out an evaluation of the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, in line with the principles set out in this paragraph. The first evaluation shall be carried out no later than six months after [date of entry into force of this Directive]. If appropriate, the Commission shall adopt delegated acts to amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks. The Commission shall carry out a special evaluation in 2025 with a view to deleting feedstocks in Annex IX, and any resulting delegated act shall be adopted within one year of that evaluation.
Amendment 310
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 3 a (new)
Feedstocks shall only be deleted in Annex IX following a public consultation and in accordance with the principles of stability of financial support established in Article 6. Without prejudice to Article 26, where feedstocks are deleted, existing installations producing biofuels from that feedstock shall be permitted to count that energy as renewable energy and count it towards the fuel supplier obligation in Article 25, up to, but not beyond, their historic levels of production.
Amendment 143
Proposal for a directive
Article 7 – paragraph 5 a (new)
5a.  When setting policies for the promotion of production of fuels from feedstocks listed in Annex IX to this Directive, Member States shall ensure that the waste hierarchy established in Directive 2008/98/EC is complied with, including its provisions regarding life cycle thinking on the overall impacts of the generation and management of different waste streams.
Amendment 144
Proposal for a directive
Article 9 – paragraph 5 a (new)
5a.  The Commission shall facilitate the establishment of joint projects between Member States, notably via dedicated technical assistance and project development assistance.
Amendment 145
Proposal for a directive
Article 11 – paragraph 1
1.  One or more Member States may cooperate with one or more third countries on all types of joint projects regarding the production of electricity from renewable energy sources. Such cooperation may involve private operators.
1.  One or more Member States may cooperate with one or more third countries on all types of joint projects regarding the production of electricity from renewable energy sources. Such cooperation may involve private operators and shall take place in full respect of international law.
Amendment 146
Proposal for a directive
Article 11 – paragraph 2 – point c a (new)
(ca)  the electricity has been produced in accordance with international law, with a particular focus on human rights law.
Amendment 147
Proposal for a directive
Article 11 – paragraph 3 – point e
(e)  the application relates to a joint project that fulfils the criteria in points (b) and (c) of paragraph 2 and that will use the interconnector after it becomes operational, and to a quantity of electricity that is no greater than the quantity that will be exported to the Union after the interconnector becomes operational.
(e)  the application relates to a joint project that fulfils the criteria in points (b), (c) and (ca) of paragraph 2 and that will use the interconnector after it becomes operational, and to a quantity of electricity that is no greater than the quantity that will be exported to the Union after the interconnector becomes operational.
Amendment 148
Proposal for a directive
Article 11 – paragraph 5 – point d
(d)  include a written acknowledgement of points (b) and (c) by the third country in whose territory the installation is to become operational and the proportion or amount of electricity produced by the installation which will be used domestically by that third country.
(d)  include a written acknowledgement of points (b), (c) and (ca) of paragraph 2 by the third country in whose territory the installation is to become operational and the proportion or amount of electricity produced by the installation which will be used domestically by that third country.
Amendment 149
Proposal for a directive
Article 13 – paragraph 3 a (new)
3a.  The Commission shall facilitate the establishment of joint support schemes between Member States, in particular via the dissemination of guidelines and best practices.
Amendment 150
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to plants and associated transmission and distribution network infrastructures for the production of electricity, heating or cooling from renewable energy sources, and to the process of transformation of biomass into biofuels or other energy products, are proportionate and necessary.
Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to plants and associated transmission and distribution networks for the production of electricity, heating or cooling from renewable energy sources, and to the process of transformation of biomass into biofuels, bioliquids and biomass fuels or other energy products, and to renewable liquids and gaseous transport fuels of non-biological origin are proportionate and necessary and comply with the energy efficiency first principle.
Amendment 151
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2 – point a
(a)  administrative procedures are streamlined and expedited at the appropriate administrative level;
(a)  administrative procedures are streamlined and expedited at the appropriate administrative level and predictable timeframes for the issue of the necessary permits and licenses are established;
Amendment 152
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2 – point d
(d)  simplified and less burdensome authorisation procedures, including through simple notification if allowed by the applicable regulatory framework, are established for decentralised devices for producing energy from renewable sources.
(d)  simplified and less burdensome authorisation procedures, including through simple notification are established for small projects and for decentralised devices for producing and storing energy from renewable sources, including renewable self-consumers and renewable energy communities.
Amendment 153
Proposal for a directive
Article 15 – paragraph 3
3.  Member States shall ensure that investors have sufficient predictability of the planned support for energy from renewable sources. To this aim, Member States shall define and publish a long-term schedule in relation to expected allocation for support, covering at least the following three years and including for each scheme the indicative timing, the capacity, the budget expected to be allocated, as well as a consultation of stakeholders on the design of the support.
deleted
Amendment 154
Proposal for a directive
Article 15 – paragraph 4
4.  Member States shall ensure that their competent authorities at national, regional and local level include provisions for the integration and deployment of renewable energy and the use of unavoidable waste heat or cold when planning, designing, building and renovating urban infrastructure, industrial or residential areas and energy infrastructure, including electricity, district heating and cooling, natural gas and alternative fuel networks.
4.  Member States shall ensure that their competent authorities at national, regional and local level include provisions for the integration and deployment of renewable energy, including for early spatial planning, needs and adequacy assessments taking account of the energy efficiency and demand response, as well as specific provisions on renewable self-consumption and renewable energy communities, and the use of unavoidable waste heat or cold when planning, designing, building and renovating urban infrastructure, industrial, commercial or residential areas and energy infrastructure, including electricity, district heating and cooling, natural gas and alternative fuel networks. Member States shall, in particular, encourage local and regional administrative bodies to include heating and cooling from renewable energy sources in the planning of city infrastructure, where appropriate.
Amendment 155
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
In establishing such measures or in their support schemes, Member States may take into account national measures relating to substantial increases in energy efficiency and relating to cogeneration and to passive, low or zero-energy buildings.
In establishing such measures or in their support schemes, Member States may take into account national measures relating to substantial increases in renewable self-consumption, local energy storage, energy efficiency and relating to cogeneration and to passive, low or zero-energy buildings.
Amendment 156
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 3
Member States shall, in their building regulations and codes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources in new buildings and in existing buildings that are subject to major renovation , reflecting the results of the cost-optimal calculation carried out pursuant to Article 5(2) of Directive 2010/31/EU. Member States shall permit those minimum levels to be fulfilled, inter alia, using a significant proportion of renewable energy sources.
Member States shall, in their building regulations and codes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources or of renewable generation installations in new buildings and in existing buildings that are subject to major renovation, reflecting the results of the cost-optimal calculation carried out pursuant to Article 5(2) of Directive 2010/31/EU. Member States shall permit those minimum levels to be fulfilled, inter alia, through district heating and cooling produced using a significant proportion of renewable energy sources, through individual or collective self-consumption of renewable energy, in accordance with Article 21, or through renewable based cogeneration and wasted heat and cold.
Amendment 157
Proposal for a directive
Article 15 – paragraph 6
6.  Member States shall ensure that new public buildings, and existing public buildings that are subject to major renovation, at national, regional and local level fulfil an exemplary role in the context of this Directive from 1 January 2012 onwards. Member States may, inter alia, allow that obligation to be fulfilled by providing that the roofs of public or mixed private-public buildings are used by third parties for installations that produce energy from renewable sources.
6.  Member States shall ensure that new public buildings, and existing public buildings that are subject to major renovation, at national, regional and local level fulfil an exemplary role in the context of this Directive from 1 January 2012 onwards. Member States may, inter alia, allow that obligation to be fulfilled by complying with standards for nearly zero energy building as required in Directive ... of the European Parliament and of the Council [on the energy performance of buildings, 2016/0381(COD)], or by providing that the roofs of public or mixed private-public buildings are used by third parties for installations that produce energy from renewable sources.
Amendment 158
Proposal for a directive
Article 15 – paragraph 7
7.  With respect to their building regulations and codes, Member States shall promote the use of renewable energy heating and cooling systems and equipment that achieve a significant reduction of energy consumption. Member States shall use energy or eco-labels or other appropriate certificates or standards developed at national or Union level, where these exist, as the basis for encouraging such systems and equipment.
7.  With respect to their building regulations and codes, Member States shall promote the use of renewable energy heating and cooling systems and equipment that achieve a significant reduction of energy consumption. To that end Member States shall use energy or eco-labels or other appropriate certificates or standards developed at national or Union level, where these exist, and ensure the provision of adequate information and advice on renewable, highly energy efficient alternatives as well as eventual financial instruments and incentives available in the case of replacement, in view of promoting an increased replacement rate of old heating systems and an increased switch to renewable energy based solutions in accordance with Directive ... of the European Parliament and of the Council [on the energy performance of buildings, 2016/0381(COD)].
Amendment 159
Proposal for a directive
Article 15 – paragraph 8
8.  Member States shall carry out an assessment of their potential of renewable energy sources and of the use of waste heat and cold for heating and cooling. That assessment shall be included in the second comprehensive assessment required pursuant to Article 14(1) of Directive 2012/27/EU for the first time by 31 December 2020 and in the updates of the comprehensive assessments thereafter.
8.  Member States shall carry out an assessment of their potential of renewable energy sources and of the use of waste heat and cold for heating and cooling. That assessment shall specifically consider spatial analysis of areas suitable for low ecological risk deployment and the potential for small-scale households projects. That assessment shall be included in the second comprehensive assessment required pursuant to Article 14(1) of Directive 2012/27/EU for the first time by 31 December 2020 and in the updates of the comprehensive assessments thereafter.
Amendment 160
Proposal for a directive
Article 15 – paragraph 8 a (new)
8a.  Member States shall ensure that their competent authorities at national, regional and local level include provisions in their mobility and transport plans for the integration and deployment of modes of transport using renewable energy sources.
Amendment 161
Proposal for a directive
Article 15 – paragraph 9
9.  Member States shall remove administrative barriers to corporate long-term power purchase agreements to finance renewables and facilitate their uptake.
9.  Member States shall carry out an assessment of the regulatory and administrative barriers and potential of the purchase of energy from renewable sources by corporate customers in their territories and shall set up an enabling regulatory and administrative framework for enhancing corporate long-term renewables power purchase agreements to finance renewables and facilitate their uptake, ensuring that those agreements are not subject to disproportionate procedures and charges that are not cost reflective. With the conclusion of such agreements, the equivalent amount of guarantees of origin issued in accordance with Article 19 shall be cancelled on behalf of the corporate customer. The enabling framework shall be part of the integrated national energy and climate plans in accordance with Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)].
Amendment 162
Proposal for a directive
Article 16 – paragraph 2
2.  The single administrative contact point shall guide the applicant through the application process in a transparent manner, provide the applicant with all necessary information, coordinate and involve, where appropriate, other authorities, and deliver a legally binding decision at the end of the process.
2.  The single administrative contact point shall guide the applicant through the application process in a transparent manner, provide the applicant with all necessary information, coordinate and involve, where appropriate, other authorities, and deliver a legally binding decision at the end of the process. Applicants should be able to submit all relevant documents in digital form.
Amendment 163
Proposal for a directive
Article 16 – paragraph 3
3.  The single administrative contact point, in collaboration with transmission and distribution system operators, shall publish a manual of procedures for renewable project developers, including for small scale projects and renewable self-consumers projects.
3.  In order to facilitate access to the relevant information, the single administrative contact point or the Member State, in collaboration with transmission and distribution system operators, shall set up a single online information platform explaining the procedures for renewable project developers, including for small scale projects, renewable self-consumers projects and renewable energy community projects. If the Member State decides to have more than one single administrative contact point the information platform shall guide the applicant to the contact point relevant for the applicant’s application.
Amendment 164
Proposal for a directive
Article 16 – paragraph 4
4.  The permit granting process referred to in paragraph 1 shall not exceed a period of three years, except for the cases set out in Article 16(5) and Article 17.
4.  The permit granting process referred to in paragraph 1 shall not exceed a period of three years, except for the cases set out in Article 16(4a) and (5) and Article 17.
Amendment 165
Proposal for a directive
Article 16 – paragraph 4 a (new)
4a.  For installations with an electricity capacity between 50kW and 1MW, the permit granting process shall not exceed one year. In case of extraordinary circumstances, which should be duly justified, this time limit can be extended for three additional months.
The periods referred to in paragraphs 4 and 4a shall be without prejudice to judicial appeals and remedies and may be extended at most by the duration of the judicial appeals and remedies procedures.
Member States shall ensure applicants have access to out of court resolution mechanism or simple and accessible judicial procedures for the settlements of disputes concerning permit granting processes and the issuance of permit to build and operate renewable energy plants.
Amendment 166
Proposal for a directive
Article 16 – paragraph 5
5.  Member States shall facilitate the repowering of existing renewable energy plants by, inter alia, ensuring a simplified and swift permit granting process, which shall not exceed one year from the date on which the request for repowering is submitted to the single administrative contact point.
5.  Member States shall facilitate the repowering of existing renewable energy plants by, inter alia, ensuring a simplified and swift permit granting process, which shall not exceed one year from the date on which the request for repowering is submitted to the single administrative contact point. Without prejudice to Article 11(4) of the Regulation ... of the European Parliament and of the Council [common rules for the internal market in electricity (recast), 2016/0379(COD)], Member States shall ensure that access and connection rights to the grid are maintained for repowered projects at least in cases in which there is no change in capacity.
Amendment 354
Proposal for a directive
Article 16 – paragraph 5 a (new)
5a.   Member States shall ensure via their permit or concession granting processes that, by 31 December 2022, 90 % of fuel stations along the roads of the core network established by Regulation (EU) No 1315/2013 ('TEN-T Core Network') are equipped with public accessible high-power recharging points for electric vehicles. The Commission is empowered to adopt delegated acts in accordance with Article 32 to extend the scope of this paragraph to fuels falling under Article 25.
Amendment 167
Proposal for a directive
Article 17 – paragraph 1
1.  Demonstration projects and installations with an electricity capacity of less than 50 kW shall be allowed to connect to the grid following a notification to the distribution system operator.
1.  Demonstration projects and installations with an electricity capacity of less than 50 kW shall be allowed to connect to the grid following a notification to the distribution system operator.
By way of derogation from the first subparagraph, for demonstration projects and installations with a capacity of between 10.8 kW and50kW, the distribution system operator may decide to refuse the simple notification on justified grounds or propose an alternative solution. If so, it shall do so within two weeks of the notification and the applicant may then request connection through the standard procedures. In the absence of a negative decision by the distribution system operator within that time frame the installation may be connected.
Amendment 168
Proposal for a directive
Article 18 – paragraph 1
1.  Member States shall ensure that information on support measures is made available to all relevant actors, such as consumers, builders, installers, architects, and suppliers of heating, cooling and electricity equipment and systems and of vehicles compatible with the use of energy from renewable sources.
1.  Member States shall ensure that information on support measures is made available to all relevant actors, such as consumers, in particular low-income, vulnerable consumers, renewable self-consumers, renewable energy communities builders, installers, architects, and suppliers of heating, cooling and electricity equipment and systems and of vehicles compatible with the use of energy from renewable sources.
Amendment 169
Proposal for a directive
Article 18 – paragraph 2 a (new)
2a.  Member States shall ensure information on intelligent transport systems and connected vehicles in relation to its benefits regarding road safety, congestion reduction and fuel efficiency.
Amendment 170
Proposal for a directive
Article 18 – paragraph 6
6.  Member States, with the participation of local and regional authorities, shall develop suitable information, awareness-raising, guidance or training programmes in order to inform citizens of the benefits and practicalities of developing and using energy from renewable sources.
6.  Member States, with the participation of local and regional authorities, shall develop suitable information, awareness-raising, guidance or training programmes in order to inform citizens on how to exercise their rights as active customers, and of the benefits and practicalities, including technical and financial aspects, of developing and using energy from renewable sources, including by self-consumption or in the framework of renewable energy communities, as well as of the benefits of cooperation mechanisms between Member States and different kinds of cross-border cooperation.
Amendment 171
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 3
Member States shall ensure that no guarantees of origin are issued to a producer that receives financial support from a support scheme for the same production of energy from renewable sources. Member States shall issue such guarantees of origin and transfer them to the market by auctioning them. The revenues raised as a result of the auctioning shall be used to offset the costs of renewables support.
Member States shall ensure that in the case of renewable energy installations commissioned after ... [date of the entry into force of this Directive] no guarantees of origin are issued to a producer that receives financial support from a support scheme for the same production of energy from renewable sources, unless there is no double compensation.
It shall be presumed that there is no double compensation where:
(a)  financial support is granted by way of a tender procedure or a tradable green certificate system;
(b)  the market value of the guarantees of origin is administratively taken into account in the level of financial support; or
(c)  the guarantees of origin are not issued directly to the producer but to a supplier or consumer who buys the renewable energy either in a competitive setting or in a long-term corporate renewables power purchase agreement.
In cases other than those referred to in the fourth subparagraph, Member States shall issue the Guarantee of Origin for statistical reasons and cancel them immediately.
Amendment 172
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1 – point a a (new)
(aa)  whether the energy source from which the energy was produced met the sustainability criteria and the greenhouse gas emissions saving criteria referred to in Article 26.
Amendment 173
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1 – point b – point ii
(ii)  gas, or
(ii)  gas, including hydrogen, or
Amendment 174
Proposal for a directive
Article 19 – paragraph 8
8.  Where an electricity supplier is required to prove the share or quantity of energy from renewable sources in its energy mix for the purposes of Article 3 of Directive 2009/72/EC, it shall do so by using guarantees of origin. Likewise, guarantees of origin created pursuant to Article 14(10) of Directive 2012/27/EU shall be used to substantiate any requirement to prove the quantity of electricity produced from high-efficiency cogeneration. Member States shall ensure that transmission losses are fully taken into account when guarantees of origin are used to demonstrate consumption of renewable energy or electricity from high efficiency cogeneration.
8.  Where an electricity supplier is required to prove the share or quantity of energy from renewable sources in its energy mix for the purposes of Article 3 of Directive 2009/72/EC, it shall do so by using guarantees of origin. Likewise, guarantees of origin created pursuant to Article 14(10) of Directive 2012/27/EU shall be used to substantiate any requirement to prove the quantity of electricity produced from high-efficiency cogeneration. In relation to paragraph 2, where electricity is generated from high efficiency cogeneration using renewable sources only one guarantee of origin specifying both characteristics, shall be issued. Member States shall ensure that transmission losses are fully taken into account when guarantees of origin are used to demonstrate consumption of renewable energy or electricity from high efficiency cogeneration.
Amendment 175
Proposal for a directive
Article 20 – paragraph 1
1.  Where relevant, Member States shall assess the need to extend existing gas network infrastructure to facilitate the integration of gas from renewable energy sources.
1.  Where relevant, Member States shall assess the need to extend existing gas network infrastructure to facilitate the integration of gas from renewable energy sources. Transmission system operators and distribution system operators shall be responsible for guaranteeing a smooth functioning of the gas network infrastructure, including its maintenance and regular cleaning.
Amendment 176
Proposal for a directive
Article 20 – paragraph 3
3.  Subject to their assessment included in the integrated national energy and climate plans in accordance with Annex I of Regulation [Governance], on the necessity to build new infrastructure for district heating and cooling produced from renewable energy sources in order to achieve the Union target referred to in Article 3(1) of this Directive, Member States shall, where relevant, take steps with a view to developing a district heating infrastructure to accommodate the development of heating and cooling production from large biomass, solar and geothermal facilities.
3.  Subject to their assessment included in the integrated national energy and climate plans in accordance with Annex I of Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)], on the necessity to build new infrastructure for district heating and cooling produced from renewable energy sources in order to achieve the Union target referred to in Article 3(1) of this Directive, Member States shall, where relevant, take steps with a view to developing a district heating infrastructure to accommodate the development of heating and cooling production from large sustainable biomass, ambient heat in large heat pumps, solar and geothermal facilities as well as surplus heat from industry and other sources.
Amendment 177
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that renewable self-consumers, individually or through aggregators:
Member States shall ensure that consumers are entitled to become renewable self-consumers. To that end, Member States shall ensure that renewable self-consumers, individually or through aggregators:
Amendment 178
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point a
(a)  are entitled to carry out self-consumption and sell, including through power purchase agreements, their excess production of renewable electricity without being subject to disproportionate procedures and charges that are not cost-reflective;
(a)  are entitled to carry out self-consumption and sell, including through power purchase agreements and peer-to-peer trading arrangements, their excess production of renewable electricity without being subject to discriminatory or disproportionate procedures and charges that are not cost-reflective;
Amendment 179
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point a a (new)
(aa)  are entitled to consume their self-generated renewable electricity, which remains within their premises, without liability for any charge, fee, or tax;
Amendment 180
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point a b (new)
(ab)  are entitled to install and operate electricity storage systems combined with installations generating renewable electricity for self-consumption without liability for any charge, including taxation and double grid fees for stored electricity which remains within their premises;
Amendment 181
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c
(c)  are not considered as energy suppliers according to Union or national legislation in relation to the renewable electricity they feed into the grid not exceeding 10 MWh for households and 500 MWh for legal persons on an annual basis; and
(c)  are not considered as energy suppliers according to Union or national legislation in relation to the renewable electricity they feed into the grid not exceeding 10 MWh for households and 500 MWh for legal persons on an annual basis without prejudice to the procedures established for the supervision and approval of connection of generation capacity to the grid by distribution system operators pursuant to Articles 15 to 18;
Amendment 182
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point d
(d)  receive a remuneration for the self-generated renewable electricity they feed into the grid which reflects the market value of the electricity fed in.
(d)  receive a remuneration for the self-generated renewable electricity they feed into the grid which is equivalent to at least the market price and may take into account the long-term value to the grid, the environment and society in line with the cost benefit analysis of distributed energy resources under [Article 59] of Directive ... of the European Parliament and of the Council [on common rules for the internal market in electricity (recast), 2016/0380(COD)].
Amendment 183
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2 a (new)
Member States shall ensure that the distribution of the costs for network management and development is fair, and proportionate and reflects the system-wide benefits of self-generation, including the long-term value to the grid, environment and society.
Amendment 184
Proposal for a directive
Article 21 – paragraph 2
2.  Member States shall ensure that renewable self-consumers living in the same multi-apartment block, or located in the same commercial, or shared services, site or closed distribution system, are allowed to jointly engage in self-consumption as if they were an individual renewable self-consumer. In this case, the threshold set out in paragraph 1(c) shall apply to each renewable self-consumer concerned.
2.  Member States shall ensure that renewable self-consumers living in the same multi-apartment block, residential area or located within the same commercial, industrial or shared services, site or in the same closed distribution system, are allowed to jointly engage in self-consumption as if they were an individual renewable self-consumer. In this case, the threshold set out in paragraph 1(c) shall apply to each renewable self-consumer concerned.
Amendment 185
Proposal for a directive
Article 21 – paragraph 2 a (new)
2a.  Member States shall carry out an assessment of the existing barriers to and development potential of self-consumption in their territories in order to put in place an enabling framework to promote and facilitate the development of renewable self-consumption.
That enabling framework shall include, inter alia:
(a)  specific measures to ensure that self-consumption is accessible to all consumers, including those in low-income or vulnerable households, or those living in social or rented housing;
(b)  tools to facilitate access to finance;
(c)  incentives to building owners to create opportunities for self-consumption for tenants;
(d)  the removal of unjustified regulatory barriers to renewable self-consumption, including for tenants.
The enabling framework shall be part of the national energy and climate plans in accordance with Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)].
Amendment 186
Proposal for a directive
Article 21 – paragraph 3
3.  The renewable self-consumer's installation may be managed by a third party for installation, operation, including metering, and maintenance.
3.  With their consent, the renewable self-consumer’s installation may be owned by a third party or it may be managed by a third party for installation, operation, including metering, and maintenance. The third party shall not be considered a renewable self-consumer itself.
Amendment 187
Proposal for a directive
Article 22 – paragraph 1 – subparagraph -1 (new)
Member States shall ensure that final customers, particularly household customers, are entitled to participate in a renewable energy community without losing their rights as final customers, and without being subject to unjustified conditions or procedures that would prevent or discourage their participation in a renewable energy community, provided that for private undertakings, their participation does not constitute their primary commercial or professional activity.
Amendment 188
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Member States shall ensure that renewable energy communities are entitled to generate, consume, store and sell renewable energy, including through power purchase agreements, without being subject to disproportionate procedures and charges that are not cost-reflective.
Member States shall ensure that renewable energy communities are entitled to generate, consume, store and sell renewable energy, including through power purchase agreements, without being subject to discriminatory or disproportionate procedures and charges that are not cost-reflective.
Amendment 189
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – introductory part
For the purposes of this Directive, a renewable energy community shall be an SME or a not-for-profit organisation, the shareholders or members of which cooperate in the generation, distribution, storage or supply of energy from renewable sources, fulfilling at least four out of the following criteria:
For the purposes of this Directive, a renewable energy community shall be an SME or a not-for-profit organisation, the shareholders or members of which cooperate in the generation, distribution, storage or supply of energy from renewable sources.
To benefit from treatment as a renewable energy community, at least 51 % of the seats in the board of directors or managing bodies of the entity shall be reserved for local members, i.e. representatives of local public and local private socio-economic interests or individual citizens.
In addition, a renewable energy community shall fulfil at least three out of the following criteria:
Amendment 190
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a
(a)  shareholders or members are natural persons, local authorities, including municipalities, or SMEs operating in the fields or renewable energy;
(a)  shareholders or members are natural persons, local authorities, including municipalities, or SMEs;
Amendment 191
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b
(b)  at least 51% of the shareholders or members with voting rights of the entity are natural persons;
(b)  at least 51 % of the shareholders or members with voting rights of the entity are natural persons or public bodies;
Amendment 192
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point c
(c)  at least 51% of the shares or participation rights of the entity are owned by local members, i.e. representatives of local public and local private socio-economic interests or citizen having a direct interest in the community activity and its impacts;
(c)  at least 51 % of the shares or participation rights of the entity are owned by local members, i.e. representatives of local public and local private socio-economic interests or individual citizens;
Amendment 193
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point d
(d)  at least 51% of the seats in the board of directors or managing bodies of the entity are reserved to local members, i.e. representatives of local public and local private socio-economic interests or citizens having a direct interest in the community activity and its impacts;
deleted
Amendment 194
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 a (new)
Member States shall monitor the application of these criteria and take measures to avoid any abuse or adverse effects on competition.
Amendment 195
Proposal for a directive
Article 22 – paragraph 2
2.  Without prejudice to State aid rules, when designing support schemes, Member States shall take into account the specificities of renewable energy communities.
2.  When designing support schemes, Member States shall take into account the specificities of renewable energy communities while ensuring a level playing field between generators of electricity from renewable energy sources.
Amendment 196
Proposal for a directive
Article 22 – paragraph 2 a (new)
2a.  Member States shall carry out an assessment of the existing barriers and potential of development of renewable energy communities in their territories in order to put in place an enabling framework to promote and facilitate participation by renewable energy communities in the generation, consumption, storage and sale of renewable energy.
That enabling framework shall include:
(a)  objectives and specific measures to help public authorities enable the development of renewable energy communities, and to participate directly;
(b)  specific measures to ensure that participation in renewable energy communities is accessible to all consumers, including those in low-income or vulnerable households or in social housing or who are tenants;
(c)  tools to facilitate access to finance and information;
(d)  regulatory and capacity-building support to public authorities in setting up renewable energy communities;
(e)  the removal of unjustified regulatory and administrative barriers to renewable energy communities;
(f)  rules to secure the equal and non-discriminatory treatment of consumers that participate in the energy community, ensuring consumer protection equivalent to that of those connected to the distribution grids.
The enabling framework shall be part of the integrated national energy and climate plans in accordance with Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)].
Amendment 197
Proposal for a directive
Article 23 – paragraph 1
1.  In order to facilitate the penetration of renewable energy in the heating and cooling sector, each Member State shall endeavour to increase the share of renewable energy supplied for heating and cooling by at least 1 percentage point (pp) every year, expressed in terms of national share of final energy consumption and calculated according to the methodology set out in Article 7.
1.  In order to facilitate the penetration of renewable energy in the heating and cooling sector, each Member State shall endeavour to increase the share of renewable energy supplied for heating and cooling by at least 2 percentage points (pp) every year, expressed in terms of national share of final energy consumption and calculated according to the methodology set out in Article 7. Where a Member State is unable to achieve this percentage, it shall make public and provide the Commission with a justification for its non-compliance. Member States shall prioritise the best available technologies
Amendment 198
Proposal for a directive
Article 23 – paragraph 1 a (new)
1a.  For the purposes of paragraph 1, when calculating the share of renewable energy supplied for heating and cooling and their required yearly increases, Member States:
(a)  may count any increase achieved in a given year as if it had instead been partially or entirely achieved in any of the two previous or two following years, within the period between 1 January 2021 and 31 December 2030;
(b)  may count waste heat and cold towards the yearly increase in paragraph 1, subject to a limit of 50 % of the annual increase;
(c)  shall, where they have a share of renewable energy and waste heat and cold sources in the heating and cooling sector between 50 % and 80 %, reduce the increase to 1 percentage point every year;
(d)  may define their own level of yearly increase, including whether to apply to cap for waste heat and cold in point (b), as from the year in which they reach a share of renewable energy and waste heat and cold sources in the heating and cooling sector above 80 %.
Amendment 199
Proposal for a directive
Article 23 – paragraph 2
2.  Member States may designate and make public, on the basis of objective and non-discriminatory criteria, a list of measures and the implementing entities, such as fuel suppliers, which shall contribute to the increase set out in paragraph 1.
2.  Member States shall designate and make public, on the basis of objective and non-discriminatory criteria, a list of measures and the implementing entities, such as fuel suppliers, which shall contribute to the increase set out in paragraph 1.
Amendment 200
Proposal for a directive
Article 23 – paragraph 3 – introductory part
3.  The increase set out in paragraph 1 may be implemented through one or more of the following options:
3.  The increase set out in paragraph 1 may inter alia be implemented through one or more of the following options:
Amendment 201
Proposal for a directive
Article 23 – paragraph 3 – point a
(a)  physical incorporation of renewable energy in the energy and energy fuel supplied for heating and cooling;
(a)  physical incorporation of renewable energy or waste heat and cold in the energy and energy fuel supplied for heating and cooling;
Amendment 202
Proposal for a directive
Article 23 – paragraph 3 – point b
(b)  direct mitigation measures such as installation of highly efficient renewable heating and cooling systems in buildings or renewable energy use for industrial heating and cooling processes;
(b)  direct mitigation measures such as installation of highly efficient renewable heating and cooling systems in buildings or renewable energy use or the use of waste heat and cold for industrial heating and cooling processes;
Amendment 203
Proposal for a directive
Article 23 – paragraph 3 – point c a (new)
(ca)  other policy measures with an equivalent effect to reach the yearly increase set out in paragraph 1 or 1a.
Amendment 204
Proposal for a directive
Article 23 – paragraph 3 a (new)
3a.  When implementing the measures referred to in points (a) to (d) above, Member States shall require the measures to be designed in such a way so as to ensure they are accessible to all consumers, in particular those in low-income or vulnerable households, who may not possess sufficient up-front capital to benefit otherwise.
Amendment 205
Proposal for a directive
Article 23 – paragraph 5 – point b a (new)
(ba)  the amount of waste heat or cold supplied for heating and cooling;
Amendment 206
Proposal for a directive
Article 23 – paragraph 5 – point c
(c)  the share of renewable energy in the total amount of energy supplied for heating and cooling; and
(c)  the share of renewable energy and waste heat or cold in the total amount of energy supplied for heating and cooling; and
Amendment 207
Proposal for a directive
Article 24 – paragraph 1
1.  Member States shall ensure that district heating and cooling suppliers provide information to end-consumers on their energy performance and the share of renewable energy in their systems. Such information shall be in accordance with standards used under Directive 2010/31/EU.
1.  Member States shall ensure that district heating and cooling suppliers provide information to end-consumers on their energy performance and the share of renewable energy in their systems. Such information shall be provided on an annual basis or upon request in accordance with standards used under Directive 2010/31/EU.
Amendment 208
Proposal for a directive
Article 24 – paragraph 2
2.  Member States shall lay down the necessary measures to allow customers of those district heating or cooling systems which are not 'efficient district heating and cooling' within the meaning of Article 2(41) of Directive 2012/27/EU to disconnect from the system in order to produce heating or cooling from renewable energy sources themselves, or to switch to another supplier of heat or cold which has access to the system referred to in paragraph 4.
2.  Member States shall lay down the necessary measures to allow customers of those district heating or cooling systems which are not 'efficient district heating and cooling' within the meaning of Article 2(41) of Directive 2012/27/EU, or will not become such a system within the next five years according to their investment plans, to disconnect from the system in order to produce heating or cooling from renewable energy sources themselves.
Amendment 209
Proposal for a directive
Article 24 – paragraph 3
3.  Member States may restrict the right to disconnect or switch supplier to customers who can prove that the planned alternative supply solution for heating or cooling results in a significantly better energy performance. The performance assessment of the alternative supply solution may be based on the Energy Performance Certificate as defined in Directive 2010/31/EU.
3.  Member States may restrict the right to disconnect to customers who can prove that the planned alternative supply solution for heating or cooling results in a significantly better energy performance. The performance assessment of the alternative supply solution may be based on the Energy Performance Certificate as defined in Directive 2010/31/EU.
Amendment 210
Proposal for a directive
Article 24 – paragraph 4
4.  Member States shall lay down the necessary measures to ensure non-discriminatory access to district heating or cooling systems for heat or cold produced from renewable energy sources and for waste heat or cold. This non-discriminatory access shall enable direct supply of heating or cooling from such sources to customers connected to the district heating or cooling system by suppliers other than the operator of the district heating or cooling system.
4.  Member States shall lay down the necessary measures to ensure non-discriminatory access to district heating or cooling systems for heat or cold produced from renewable energy sources, and for waste heat or cold, based on non-discriminatory criteria set by the competent authority of the Member State. Such criteria shall take into account the economic and technical feasibility for the district heating or cooling system operators and connected customers.
Amendment 211
Proposal for a directive
Article 24 – paragraph 5
5.  An operator of a district heating or cooling system may refuse access to suppliers where the system lacks the necessary capacity due to other supplies of waste heat or cold, of heat or cold from renewable energy sources or of heat or cold produced by high-efficiency cogeneration. Member States shall ensure that where such a refusal takes place the operator of the district heating or cooling system provides relevant information to the competent authority according to paragraph 9 on measures that would be necessary to reinforce the system.
5.  An operator of a district heating or cooling system may refuse access to suppliers where one or more of the following conditions are met:
(a)   the system lacks the necessary capacity due to other supplies of waste heat or cold, of heat or cold from renewable energy sources or of heat or cold produced by high-efficiency cogeneration or such access would jeopardise the safe operation of the district heating system;
(b)   the system constitutes an ‘efficient district heating and cooling system’ within the meaning of Article 2(41) of Directive 2012/27/EU;
(c)   providing access would lead to an excessive heat or cold price increase for final customers compared to the price of using the main local heat supply with which the renewable energy source or waste head or cold would compete.
Member States shall ensure that where such a refusal takes place the operator of the district heating or cooling system provides relevant information to the competent authority according to paragraph 9 on measures that would be necessary to reinforce the system including the economic consequences of the measures.
Amendment 212
Proposal for a directive
Article 24 – paragraph 6
6.  New district heating or cooling systems may, upon request, be exempted from the application of paragraph 4 for a defined period of time. The competent authority shall decide on such exemption requests on a case-by-case basis. An exemption shall only be granted if the new district heating or cooling system constitutes 'efficient district heating and cooling' within the meaning of Article 2(41) of Directive 2012/27/EU and if it exploits the potential for the use of renewable energy sources and of waste heat or cold identified in the comprehensive assessment made in accordance with Article 14 of Directive 2012/27/EU.
6.  New district heating or cooling systems may, upon request, be exempted from the application of paragraph 4 for a defined period of time. The competent authority shall decide on such exemption requests on a case-by-case basis. An exemption shall only be granted if the new district heating or cooling system constitutes 'efficient district heating and cooling' within the meaning of Article 2(41) of Directive 2012/27/EU and if it exploits the potential for the use of renewable energy sources, 'high efficiency cogeneration' within the meaning of Article 2(34) of Directive 2012/27/EU, and of waste heat or cold identified in the comprehensive assessment made in accordance with Article 14 of Directive 2012/27/EU.
Amendment 213
Proposal for a directive
Article 24 – paragraph 7
7.  The right to disconnect or switch supplier may be exercised by individual customers, by joint undertakings formed by customers or by parties acting on the behalf of customers. For multi-apartment blocks, such disconnection may only be exercised at whole building level.
7.  The right to disconnect may be exercised by individual customers, by joint undertakings formed by customers or by parties acting on the behalf of customers. For multi-apartment blocks, such disconnection may only be exercised at whole building level.
Amendment 214
Proposal for a directive
Article 24 – paragraph 8
8.  Member States shall require electricity distribution system operators to assess at least biennially, in cooperation with the operators of district heating or cooling systems in their respective area, the potential of district heating or cooling systems to provide balancing and other system services, including demand response and storing of excess electricity produced from renewable sources and if the use of the identified potential would be more resource- and cost-efficient than alternative solutions.
8.  Member States shall require electricity distribution system operators to assess at least every four years, in cooperation with the operators of district heating or cooling systems in their respective area, the potential of district heating or cooling systems to provide balancing and other system services, including demand response and storing of excess electricity produced from renewable sources and if the use of the identified potential would be more resource- and cost-efficient than alternative solutions.
Amendment 215
Proposal for a directive
Article 24 – paragraph 9
9.  Member States shall designate one or more independent authorities to ensure that the rights of consumers and the rules for operating district heating and cooling systems in accordance with this Article are clearly defined and enforced.
9.  Member States shall designate one or more competent authorities to ensure that the rights of consumers and the rules for operating district heating and cooling systems in accordance with this Article are clearly defined and enforced.
Amendment 216
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
With effect from 1 January 2021, Member States shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, from renewable liquid and gaseous transport fuels of non-biological origin, from waste-based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year.
In order to achieve the target of 12 % of final energy consumption from renewable sources referred to in Article 3 Member States shall require, with effect from 1 January 2021, fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, from renewable liquid and gaseous transport fuels of non-biological origin, from recycled carbon fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year
Amendment 217
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
The minimum share shall be at least equal to 1.5% in 2021, increasing up to at least 6.8% in 2030, following the trajectory set out in part B of Annex X. Within this total share, the contribution of advanced biofuels and biogas produced from feedstock listed in part A of Annex IX shall be at least 0.5% of the transport fuels supplied for consumption or use on the market as of 1 January 2021, increasing up to at least 3.6% by 2030, following the trajectory set out in part C of Annex X.
The minimum share shall be at least equal to 1,5 % in 2021, increasing up to at least 10 % in 2030, following the trajectory set out in part B of Annex X. Within this total share, the contribution of advanced biofuels and biogas produced from feedstock listed in part A of Annex IX shall be at least 0,5 % of the transport fuels supplied for consumption or use on the market as of 1 January 2021, increasing up to at least 3,6 % by 2030, following the trajectory set out in part C of Annex X.
Fuel suppliers supplying only fuels in the form of electricity and renewable liquid and gaseous transport fuels of non-biological origin do not need to comply with the minimum share of advanced biofuels, other biofuels and biogas produced from feedstock listed in Annex IX.
Amendment 218
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point a
a)  for the calculation of the denominator, that is the energy content of road and rail transport fuels supplied for consumption or use on the market, petrol, diesel, natural gas, biofuels, biogas, renewable liquid and gaseous transport fuels of non-biological origin, waste-based fossil fuels and electricity, shall be taken into account;
a)  for the calculation of the denominator, that is the energy content of road and rail transport fuels supplied for consumption or use on the market, petrol, diesel, natural gas, biofuels, biogas, renewable liquid and gaseous transport fuels of non-biological origin, recycled carbon fuels and electricity, shall be taken into account;
Amendment 219
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 1
b)  for the calculation of the numerator, the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non-biological origin, waste based fossil fuels supplied to all transport sectors, and renewable electricity supplied to road vehicles, shall be taken into account.
b)  for the calculation of the numerator, the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non-biological origin, recycled carbon fuels supplied to all transport sectors and renewable electricity supplied to road vehicles, shall be taken into account.
Amendment 220
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 2
For the calculation of the numerator, the contribution from biofuels and biogas produced from feedstock included in part B of Annex IX shall be limited to 1.7% of the energy content of transport fuels supplied for consumption or use on the market and the contribution of fuels supplied in the aviation and maritime sector shall be considered to be 1.2 times their energy content.
For the calculation of the numerator, the contribution from biofuels and biogas produced from feedstock included in part B of Annex IX shall be limited to 1,7 % of the energy content of transport fuels supplied for consumption or use on the market.
Member States can modify the limit set on feedstock included in part B of Annex IX if justified taking into account the availability of feedstock. Any modification shall be subject to the approval of the Commission.
The contribution of fuels supplied in the aviation and maritime sector shall be considered to be 2 times and 1,2 times their energy content respectively, and the contribution of renewable electricity supplied to road vehicles shall be considered to be 2.5 times its energy content.
Amendment 221
Proposal for a directive
Article 25 – paragraph 1 a (new)
1a.  Member States may design their national policies to meet the obligations under this Article as a greenhouse gas saving obligation and may apply those policies also to waste based fossil fuels, provided that this does not counteract circular economy objectives and that the share of energy from renewable sources under paragraph 1 is met.
Amendment 223
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1
3.   To determine the share of renewable electricity for the purposes of paragraph 1 either the average share of electricity from renewable energy sources in the Union or the share of electricity from renewable energy sources in the Member State where the electricity is supplied, as measured two years before the year in question may be used. In both cases, an equivalent amount of guarantees of origin issued in accordance with Article 19 shall be cancelled.
3.   To determine the share of renewable electricity for the purposes of paragraph 1 the share of electricity from renewable energy sources in the Member State where the electricity is supplied, as measured two years before the year in question is used provided that there is sufficient proof that the renewable electricity is additional. The Commission is empowered to adopt delegated acts in accordance with Article 32 in order to supplement this Directive by establishing a methodology, including a methodology for the Member State to set their baseline, in order to prove additionality.
Amendment 224
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 a (new)
By way of derogation from the first subparagraph, to determine the share of electricity for the purposes of paragraph 1 in the case of electricity obtained from a direct connection to an installation generating renewable electricity and supplied to road vehicles, that electricity shall be fully counted as renewable. Similarly, electricity obtained through long-term power purchase agreements for renewable electricity shall be fully counted as renewable electricity. In any event, an equivalent amount of guarantees of origin issued in accordance with Article 19 shall be cancelled.
Amendment 225
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 3 – point a – paragraph 1
When electricity is used for the production of renewable liquid and gaseous transport fuels of non-biological origin, either directly or for the production of intermediate products, either the average share of electricity from renewable energy sources in the Union or the share of electricity from renewable energy sources in the country of production, as measured two years before the year in question, may be used to determine the share of renewable energy. In both cases, an equivalent amount of guarantees of origin issued in accordance with Article 19 shall be cancelled.
When electricity is used for the production of renewable liquid and gaseous transport fuels of non-biological origin, either directly or for the production of intermediate products, the average share of electricity from renewable energy sources in the country of production, as measured two years before the year in question, may be used to determine the share of renewable energy. An equivalent amount of guarantees of origin issued in accordance with Article 19 shall be cancelled.
Amendment 226
Proposal for a directive
Article 25 – paragraph 4 – subparagraph 1
Member States shall put in place a database enabling tracing of transport fuels that are eligible for counting towards the numerator set out in paragraph 1(b), and require the relevant economic operators to enter information on the transactions made and the sustainability characteristics of the eligible fuels, including their life cycle greenhouse gas emissions, starting from their point of production to the fuel supplier that places the fuel on the market.
The Commission shall put in place a Union database enabling tracing of transport fuels, including electricity, that are eligible for counting towards the numerator set out in point (b) of paragraph 1. Member States shall require the relevant economic operators to enter information on the transactions made and the sustainability characteristics of the eligible fuels, including their life cycle greenhouse gas emissions, starting from their point of production to the fuel supplier that places the fuel on the market
Amendment 227
Proposal for a directive
Article 25 – paragraph 4 – subparagraph 3
The national databases shall be interlinked so as to allow transactions of fuels between Member States to be traced. In order to ensure the compatibility of national databases, the Commission shall set out technical specifications of their content and use by means of implementing acts adopted in accordance with the examination procedure referred to in Article 31.
The Commission shall set out technical specifications of their content and use by means of implementing acts adopted in accordance with the examination procedure referred to in Article 31.
Amendment 228
Proposal for a directive
Article 25 – paragraph 5
5.  Member States shall report on the aggregated information from the national databases, including fuels' life cycle greenhouse gas emissions, in accordance with Annex VII of Regulation [Governance].
5.  Member States shall report on the aggregated information, including fuels' life cycle greenhouse gas emissions, in accordance with Annex VII of Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)]. The Commission shall publish, on an annual basis, aggregated information from the database.
Amendment 229
Proposal for a directive
Article 25 – paragraph 6
6.  The Commission is empowered to adopt delegated acts in accordance with Article 32 to further specify the methodology referred to in paragraph 3(b) of this Article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process, to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non-biological origin and waste-based fossil fuels and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1.
6.  The Commission is empowered to adopt delegated acts in accordance with Article 32 in order to supplement this Directive by further specifying the methodology referred to in paragraph 3(b) of this Article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process, to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non-biological origin and low carbon fossil fuels, which are generated from gases effluents produced as an unavoidable and not intentional consequence of the manufacturing or production of products that is intended for commercial use and/or for sale, and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this Article.
Amendment 230
Proposal for a directive
Article 25 – paragraph 7
7.  By 31 December 2025, in the context of the biennial assessment of progress made pursuant to Regulation [Governance], the Commission shall assess whether the obligation laid down in paragraph 1 effectively stimulates innovation and promotes greenhouse gas savings in the transport sector, and whether the applicable greenhouse gas savings requirements for biofuels and biogas are appropriate. The Commission shall, if appropriate, present a proposal to modify the obligation laid down in paragraph 1.
7.  By 31 December 2025, in the context of the biennial assessment of progress made pursuant to Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)], the Commission shall assess whether the obligation laid down in paragraph 1 effectively stimulates innovation and ensure greenhouse gas savings in the transport sector, and whether the applicable greenhouse gas savings requirements for biofuels and biogas are appropriate. The assessment shall also analyse if the provisions in this article effectively avoids double accounting of renewable energy. The Commission shall, if appropriate, present a proposal to modify the obligation laid down in paragraph 1. The modified obligations shall at least maintain levels that correspond to advanced biofuel capacity installed and under construction in 2025.
Amendment 231
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 1 – introductory part
1.  Energy from biofuels bioliquids and biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of this paragraph only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 and the greenhouse gas emissions saving criteria set out in paragraph 7 :
1.  Irrespective of whether the raw materials were cultivated inside or outside the territory of the Union, energy from biofuels, bioliquids and biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of this paragraph only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 and the greenhouse gas emissions saving criteria set out in paragraph 7:
Amendment 232
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 1 – point c
(c)  eligibility for financial support for the consumption of biofuels, bioliquids and biomass fuels.
(c)  eligibility for financial support, including fiscal incentives, for the consumption of biofuels, bioliquids and biomass fuels.
Amendment 323
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
However, biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, need only fulfil the greenhouse gas emissions saving criteria set out in paragraph 7 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of this paragraph . This provision shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.
Biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, need only fulfil the greenhouse gas emissions saving criteria set out in paragraph 7 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of this paragraph . However, their production from waste and residues covered by Directive 2008/98/EC shall be in line with the principle of the waste hierarchy as laid down in Directive 2008/98/EC. This provision shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.
Amendment 234
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2 a (new)
Biofuels, bioliquids and biomass fuels produced from waste and residues from agricultural land shall be taken into account for the purposes referred to in points (a), (b) and (c) of this paragraph only if measures have been taken by the operators to minimise negative impacts on soil quality and soil carbon. Information about those measures shall be reported pursuant to Article 27(3).
Amendment 235
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 3
Biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity, heating and cooling or fuels with a fuel capacity equal to or exceeding 20 MW in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0.5 MW in case of gaseous biomass fuels. Member States may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity.
Biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity, heating and cooling or fuels with a total rated thermal input equal to or exceeding 20 MW in case of solid biomass fuels and with a total rated thermal input capacity equal to or exceeding 2 MW in case of gaseous biomass fuels. Member States may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity.
Amendment 236
Proposal for a directive
Article 26 – paragraph 2 – point a a (new)
(aa)  highly biodiverse forest and other wooded land which is species-rich and not degraded, or has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;
Amendment 237
Proposal for a directive
Article 26 – paragraph 2 – point c – introductory part
(c)  highly biodiverse grassland spanning more than one hectare that is:
(c)  highly biodiverse grassland, including wooded meadows and pastures, that is:
Amendment 238
Proposal for a directive
Article 26 – paragraph 2 – point c – point ii
(ii)  non-natural, namely grassland that would cease to be grassland in the absence of human intervention and which is species-rich and not degraded and has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland.
(ii)  non-natural, namely grassland that would cease to be grassland in the absence of human intervention and which is species-rich and not degraded or has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland.
Amendment 239
Proposal for a directive
Article 26 – paragraph 4
4.  Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land that was peatland in January 2008.
4.  Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land that was peatland in January 2008, unless verifiable evidence is provided that the cultivation and harvesting of raw material does not involve drainage of previously undrained soil.
Amendment 240
Proposal for a directive
Article 26 – paragraph 5
5.  Biofuels, bioliquids and biomass fuels produced from forest biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall meet the following requirements to minimise the risk of using unsustainable forest biomass production:
5.  Biofuels, bioliquids and biomass fuels produced from forest biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall meet the following requirements to minimise the risk of using unsustainable forest biomass production:
(a)  the country in which forest biomass was harvested has national and/or sub-national laws applicable in the area of harvest as well as monitoring and enforcement systems in place ensuring that:
(a)  the country in which forest biomass was harvested has national and/or sub-national laws applicable in the area of harvest as well as monitoring and enforcement systems in place ensuring that:
i)  harvesting is carried out in accordance to the conditions of the harvesting permit within legally gazetted boundaries;
i)  harvesting is carried out in accordance to the conditions of the harvesting permit or equivalent proof of the legal right to harvest within the national or regional legally gazetted boundaries;
ii)  forest regeneration of harvested areas takes place;
ii)  forest regeneration of harvested areas takes place;
iii)  areas of high conservation value, including wetlands and peatlands, are protected;
iii)  areas designated, by international or national law or by the relevant competent authority, to promote the maintenance of biodiversity or for nature conservation purposes, including in wetlands and peatlands, are protected;
iv)  the impacts of forest harvesting on soil quality and biodiversity are minimised; and
iv)  harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts; and
v)  harvesting does not exceed the long-term production capacity of the forest;
v)  harvesting maintains or improves the long-term production capacity of the forest at national or regional level;
(b)  when evidence referred to in the first subparagraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if management systems are in place at forest holding level to ensure that:
b)  when evidence referred to in the first subparagraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if additional information of legality and forest management practices are provided at the supply base level to ensure that:
i)  the forest biomass has been harvested according to a legal permit;
i)  harvesting is carried out in accordance with the conditions of the harvesting permit procedure or equivalent national or regional proof of the legal right to harvest;
ii)  forest regeneration of harvested areas takes place;
ii)  forest regeneration of harvested areas takes place;
iii)  areas of high conservation value, including peatlands and wetlands, are identified and protected;
iii)  areas designated, by international or national law or by the relevant competent authority, to promote the maintenance of biodiversity or for nature conservation purposes, including in wetlands and peatlands, are protected;
iv)  impacts of forest harvesting on soil quality and biodiversity are minimised;
iv)   harvesting is carried out considering maintenance of soil quality and biodiversity; including surrounding areas provided that they are affected by the harvesting activities;
v)  harvesting does not exceed the long-term production capacity of the forest.
v)  harvesting maintains or improves long-term production capacity of the forest at national or regional level; and
(vi)  environmental and nature regulations or measures are in place and in line with the relevant Union environmental and nature standards.
Amendment 241
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 1 – point ii
(ii)  has submitted a Nationally Determined Contribution (NDC) to the United Nations Framework Convention on Climate Change (UNFCCC), covering emissions and removals from agriculture, forestry and land use which ensures that either changes in carbon stock associated with biomass harvest are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC, or there are national or sub-national laws in place, in accordance with Article 5 of the Paris Agreement, applicable in the area of harvest, to conserve and enhance carbon stocks and sinks;
(ii)  has submitted a Nationally Determined Contribution (NDC) to the United Nations Framework Convention on Climate Change (UNFCCC), covering emissions and removals from agriculture, forestry and land use which ensures that either changes in carbon stock associated with biomass harvest are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC, or there are national or sub-national laws in place, in accordance with Article 5 of the Paris Agreement, and that land sector emissions do not exceed removals, applicable in the area of harvest, to conserve and enhance carbon stocks and sinks;
Amendment 242
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 2
When evidence referred to in the first subparagraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if management systems are in place at forest holding level to ensure that carbon stocks and sinks levels in the forest are maintained.
When evidence referred to in the first subparagraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if management systems are in place at supply base level to ensure that carbon stocks and sinks levels in the forest are maintained or increased.
Amendment 243
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 3
The Commission may establish the operational evidence for demonstrating compliance with the requirements set out in paragraphs 5 and 6, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 31(2).
By 1 January 2021, the Commission shall establish the operational evidence for demonstrating compliance with the requirements set out in paragraphs 5 and 6, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 31(2).
Amendment 244
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 4
By 31 December 2023, the Commission shall assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address LULUCF requirements, on the basis of available data. The Commission shall, if appropriate, present a proposal to modify the requirements laid down in paragraphs 5 and 6.
By 31 December 2023, the Commission shall assess, in close collaboration with the Member States, whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address LULUCF requirements, on the basis of available data. The Commission shall, if appropriate, present a proposal to modify the requirements laid down in paragraphs 5 and 6 for the period after 2030.
Amendment 245
Proposal for a directive
Article 26 – paragraph 7 – point a
(a)  at least 50 % for biofuels and bioliquids produced in installations in operation on or before 5 October 2015;
(a)  at least 50 % for biofuels, fuel derived from biomethane for use in transport and bioliquids produced in installations in operation on or before 5 October 2015;
Amendment 246
Proposal for a directive
Article 26 – paragraph 7 – point b
(b)  at least 60 % for biofuels and bioliquids produced in installations starting operation from 5 October 2015;
(b)  at least 60 % for biofuels, fuel derived from biomethane for use in transport and bioliquids produced in installations starting operation from 5 October 2015;
Amendment 247
Proposal for a directive
Article 26 – paragraph 7 – point c
(c)  at least 70 % for biofuels and bioliquids produced in installations starting operation after 1 January 2021;
(c)  at least 65 % for biofuels, fuel derived from biomethane for use in transport and bioliquids produced in installations starting operation after 1 January 2021;
Amendment 248
Proposal for a directive
Article 26 – paragraph 7 – point d
(d)  at least 80 % for electricity, heating and cooling production from biomass fuels used in installations starting operation after 1 January 2021 and 85% for installations starting operation after 1 January 2026.
(d)  at least 70 % for electricity, heating and cooling production from biomass fuels used in installations starting operation after 1 January 2021 and 80 % for installations starting operation after 1 January 2026.
Amendment 249
Proposal for a directive
Article 26 – paragraph 7 – subparagraph 1 a (new)
Member States may establish higher greenhouse gas emission savings than those provided for in this paragraph.
Amendments 297 and 356
Proposal for a directive
Article 26 – paragraph 8 – subparagraph 1
Electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 20 MW shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under Article 2(34) of Directive 2012/27/EU. For the purposes of points (a) and (b) of paragraph 1, this provision shall only apply to installations starting operation after [3 years from date of adoption of this Directive]. For the purposes of point (c) of paragraph 1, this provision is without prejudice to public support provided under schemes approved by [3 years after date of adoption of this Directive].
Electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 20 MW shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 of this Article only if it is produced applying high efficient cogeneration technology as defined under Article 2(34) of Directive 2012/27/EU or produced in electricity-only installations which achieve a net-electrical efficiency of at least 40% and do not use fossil fuels. For the purposes of points (a) and (b) of paragraph 1 of this Article, this provision shall only apply to installations starting operation after [3 years from date of adoption of this Directive]. For the purposes of point (c) of paragraph 1 of this Article, this provision is without prejudice to public support provided under schemes approved by [1 year after date of adoption of this Directive].
Amendment 251
Proposal for a directive
Article 26 – paragraph 8 – subparagraph 2 a (new)
The first subparagraph shall not apply to electricity from installations that are not required to apply high-efficient cogeneration technology pursuant to Article 14 of Directive 2012/27/EU of the European Parliament and of the Council1a, provided that those installations exclusively employ biomass fuels produced from residues under normal operating conditions.
____________________
1a Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
Amendment 252
Proposal for a directive
Article 26 – paragraph 8 a (new)
8a.  By ... [2 years after the date of entry into force of this Directive] and every two years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the impacts and benefits of biofuels consumed in the Union, including on the production of food and feed and other materials, the economic, environmental and social sustainability both in the Union and in third countries.
Amendment 253
Proposal for a directive
Article 26 – paragraph 8 b (new)
8b.  By way of derogation from paragraphs 1 to 8a of this Article, taking account of the special characteristics of the outermost regions as established in Article 349 TFEU, Article 26 of this Directive shall not apply to those regions. By ... [six months after the date of entry into force of this Directive], the Commission shall submit to the European Parliament and to the Council a legislative proposal which sets out criteria for the outermost regions relating to the sustainability of greenhouse gases and the reduction of their use. Those criteria shall take into account the specific local characteristics. In particular, the outermost regions should be able to fully exploit their resources, in compliance with the strict sustainability criteria, to increase their generation of renewable energy and to boost their energy independence.
Amendment 255
Proposal for a directive
Article 27 – paragraph 1 – point a
(a)  allows consignments of raw material or biofuels, bioliquids or biomass fuels with differing sustainability and greenhouse gas emissions saving characteristics to be mixed for instance in a container, processing or logistical facility, transmission and distribution infrastructure or site;
(a)  allows consignments of raw material or biofuels, bioliquids or biomass fuels with differing sustainability and greenhouse gas emissions saving characteristics to be mixed for instance in a container, processing or logistical facility, transmission and distribution infrastructure or site, provided that each consignment meets the requirements laid down in Article 26 in its own right and that suitable systems are in place to monitor and measure the compliance of the individual consignments;
Amendment 256
Proposal for a directive
Article 27 – paragraph 1 a (new)
1a.  In order to facilitate cross-border trade and disclosure to consumers, guarantees of origin for renewable energy injected into the grid shall contain information on the sustainability criteria and greenhouse gas emission savings as defined in Article 26(2) to (7) and may be transferred separately.
Amendment 257
Proposal for a directive
Article 27 – paragraph 2 – point a
(a)  when the processing of a consignment of raw material yields only one output that is intended for the production of biofuels, bioliquids or biomass fuels, the size of the consignment and the related quantities of sustainability and greenhouse gas emissions saving characteristics shall be adjusted applying a conversion factor representing the ratio between the mass of the output that is intended for the production of biofuels, bioliquids or biomass fuels and the mass of the raw material entering the process;
(a)  when the processing of a consignment of raw material yields only one output that is intended for the production of biofuels, bioliquids or biomass fuels, the size of the consignment and the related quantities of sustainability and greenhouse gas emissions saving characteristics shall be adjusted applying a conversion factor representing the ratio between the mass of the output that is intended for the production of biofuels, bioliquids or biomass fuels and the mass of the raw material entering the process provided that each consignment which constitutes the mixture meets the requirements laid down in Article 26;
Amendment 258
Proposal for a directive
Article 27 – paragraph 3
3.  Member States shall take measures to ensure that economic operators submit reliable information regarding the compliance with the sustainability and greenhouse gas emissions saving criteria set out in Article 26(2) to (7) and make available to the Member State, on request, the data that were used to develop the information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud. It shall evaluate the frequency and methodology of sampling and the robustness of the data.
3.  Member States shall take measures to ensure that economic operators submit reliable information regarding the compliance with the sustainability and greenhouse gas emissions saving criteria set out in Article 26(2) to (7) and make available to the Member State, on request, the data that were used to develop the information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud including verification ensuring that materials are not intentionally modified or discarded so that the consignment or part thereof could become a waste or residue under Article 26(2) to (7). It shall evaluate the frequency and methodology of sampling and the robustness of the data.
Amendment 259
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2
The obligations laid down in this paragraph shall apply whether the biofuels, bioliquids, and biomass fuels are produced within the Union or imported.
The obligations laid down in this paragraph shall apply whether the biofuels, bioliquids, and biomass fuels are produced within the Union or imported. Information on geographic origin of biofuels, bioliquids and biomass fuels shall be made available to consumers.
Amendment 260
Proposal for a directive
Article 27 – paragraph 4
4.  The Commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 26(7), and/or demonstrate that consignments of biofuels, bioliquids or biomass fuels comply with the sustainability criteria set out in Article 26(2), (3), (4), (5) and (6), and/or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under Annex IX. When demonstrating that requirements set out in Article 26(5) and (6) for forest biomass are met, the operators may decide to directly provide the required evidence at the forest holding level. The Commission may also recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 26(2)(b)(ii).
4.  The Commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 26(7), and/or demonstrate that consignments of biofuels, bioliquids or biomass fuels comply with the sustainability criteria set out in Article 26(2), (3), (4), (5) and (6), and/or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under Annex IX. When demonstrating that requirements set out in Article 26(5) and (6) for forest biomass are met, the operators may decide to directly provide the required evidence at the supply base level. The Commission may also recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 26(2)(b)(ii).
Amendment 261
Proposal for a directive
Article 27 – paragraph 5 – subparagraph 3
In order to ensure that compliance with the sustainability and greenhouse gas emissions saving criteria is verified in an efficient and harmonised manner and in particular to prevent fraud, the Commission may specify detailed implementing rules, including adequate standards of reliability, transparency and independent auditing and require all voluntary schemes to apply those standards. When specifying these standards, the Commission shall pay special attention to the need to minimize administrative burden. This shall be done by means of implementing acts adopted in accordance with the examination procedure referred to in Article 31 (3). Such acts shall set a time frame by which voluntary schemes need to implement the standards. The Commission may repeal decisions recognising voluntary schemes in the event that those schemes fail to implement such standards in the time frame provided for.
In order to ensure that compliance with the sustainability and greenhouse gas emissions saving criteria is verified in an efficient and harmonised manner and in particular to prevent fraud, the Commission may specify detailed implementing rules, including adequate standards of reliability, transparency and independent auditing and require all voluntary schemes to apply those standards. When specifying these standards, the Commission shall pay special attention to the need to minimize administrative burden. This shall be done by means of implementing acts adopted in accordance with the examination procedure referred to in Article 31 (3). Such acts shall set a time frame by which voluntary schemes need to implement the standards. The Commission may repeal decisions recognising voluntary schemes in the event that those schemes fail to implement such standards in the time frame provided for. Where a Member State raises a concern as to the operation of a voluntary scheme, the Commission shall investigate the matter and take appropriate action.
Amendment 262
Proposal for a directive
Article 27 – paragraph 7 a (new)
7a.  The Commission may, at any time, verify the reliability of the information relating to the fulfilment of the sustainability criteria or the greenhouse gas emission saving submitted by economic operators operating on the Union market or at the request of a Member State.
Amendment 263
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1 a (new)
Feedstocks, the production of which has led to direct land-use change, such as a change from one of the following IPCC land cover categories: forest land, grassland, wetlands, settlements, or other land, to cropland or perennial cropland and where a direct land-use change emission value (el) is calculated in accordance with point 7 of part C of Annex V, shall be considered to have estimated indirect land-use change emissions of zero.
Amendment 264
Proposal for a directive
Article 28 – paragraph 2
2.  Member States may submit to the Commission reports including information on the typical greenhouse gas emissions from cultivation of agricultural raw materials of those areas on their territory classified as level 2 in the nomenclature of territorial units for statistics (NUTS) or as a more disaggregated NUTS level in accordance with Regulation (EC) No 1059/2003 of the European Parliament and of the Council. The reports shall be accompanied by a description of the method and data sources used to calculate the level of emissions. That method shall take into account soil characteristics, climate and expected raw material yields.
2.  Member States may submit to the Commission reports including information on the typical greenhouse gas emissions from cultivation of agricultural and forestry raw materials of those areas on their territory classified as level 2 in the nomenclature of territorial units for statistics (NUTS) or as a more disaggregated NUTS level in accordance with Regulation (EC) No 1059/2003 of the European Parliament and of the Council. The reports shall be accompanied by a description of the method and data sources used to calculate the level of emissions. That method shall take into account soil characteristics, climate and expected raw material yields.
Amendment 265
Proposal for a directive
Article 28 – paragraph 4
4.  The Commission may decide, by means of an implementing act adopted in accordance with the examination procedure referred to in Article 31(2), that the reports referred to in paragraphs 2 and 3 of this Article contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of agriculture biomass feedstocks produced in the areas included in such reports for the purposes of Article 26(7). These data may therefore be used instead of the disaggregated default values for cultivation laid down in part D or E of Annex V for biofuels and bioliquids and in Part C of Annex VI for biomass fuels.
4.  The Commission may decide, by means of an implementing act adopted in accordance with the examination procedure referred to in Article 31(2), that the reports referred to in paragraphs 2 and 3 of this Article contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of agriculture and forestry biomass feedstocks produced in the areas included in such reports for the purposes of Article 26(7). These data may therefore be used instead of the disaggregated default values for cultivation laid down in part D or E of Annex V for biofuels and bioliquids and in Part C of Annex VI for biomass fuels.
Amendment 266
Proposal for a directive
Article 28 – paragraph 5 – subparagraph 1
The Commission shall keep Annex V and Annex VI under review, with a view, where justified, to adding or revising values for biofuel, bioliquid and biomass fuel production pathways. That review shall also consider the modification of the methodology laid down in part C of Annex V and in part B of Annex VI.
The Commission shall keep Annex V and Annex VI under review, with a view, where justified, to adding or revising values for biofuel, bioliquid and biomass fuel production pathways based on the latest technological developments and scientific evidence. That review shall also consider the modification of the methodology laid down in part C of Annex V and in part B of Annex VI.
Amendment 267
Proposal for a directive
Article 30 – paragraph 1
1.  The Commission shall monitor the origin of biofuels, bioliquids and biomass fuels consumed in the Union and the impact of their production, including impact as a result of displacement, on land use in the Union and the main third countries of supply. Such monitoring shall be based on Member States’ integrated national energy and climate plans and corresponding progress reports required in Articles 3, 15 and 18 of Regulation [Governance] , , and those of relevant third countries, intergovernmental organisations, scientific studies and any other relevant pieces of information. The Commission shall also monitor the commodity price changes associated with the use of biomass for energy and any associated positive and negative effects on food security.
1.  The Commission shall monitor the origin of biofuels and bioliquids, and biomass fuels consumed in the Union as well as the impact of the production of renewable energy from those and other sources, including impact as a result of displacement, on land use in the Union and the third countries of supply. Such monitoring shall be based on Member States’ integrated national energy and climate plans and corresponding progress reports required in Articles 3, 15 and 18 of Regulation ... of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375(COD)], and those of relevant third countries, intergovernmental organisations, scientific studies, satellite-based data and any other relevant pieces of information. The Commission shall also monitor the commodity price changes associated with the use of biomass for energy and any associated positive and negative effects on food security and on competing material uses.
Amendment 268
Proposal for a directive
Article 32 – paragraph 2
2.  The power to adopt delegated acts referred to in Articles 7(5) , 7(6); 19(11), 19(14), 25(6) and 28(5) shall be conferred on the Commission for a period of five years from 1st January 2021 .
2.  The power to adopt delegated acts referred to in Articles 7(3), 7(5) , 7(6); 19(11), 19(14), 25(6) and 28(5) shall be conferred on the Commission for a period of five years from 1st January 2021.
Amendment 269
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 1
The delegation of power referred to in Articles 7(5) , 7(6); 19(11), 19(14), 25(6) and 28(5) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
The delegation of power referred to in Articles 7(3), 7(5) , 7(6); 19(11), 19(14), 25(6) and 28(5) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 270
Proposal for a directive
Annex I a (new)
Annex Ia
1.   A Member State's targets for 2030 shall be the sum of the following components, each expressed in percentage points:
(a)   the Member State's national binding target for 2020 as set out in Annex I;
(b)   a flat rate contribution ("CFlat");
(c)   a GDP-per-capita based contribution ("CGDP”);
(d)   a potential-based contribution ("CPotential");
(e)   a contribution reflecting the interconnection level of the Member State ("CInterco").
2.   CFlat shall be the same for each Member State. All Member States' CFlat shall together contribute 30 % of the difference between the Union’s targets for 2030 and 2020.
3.   CGDP shall be allocated between Member States based on a GDP per capita index to the Union average, where for each Member State individually the index is capped at 150 % of the Union average. All Member States' CGDP shall together contribute 30 % of the difference between the Union targets for 2030 and 2020.
4.   CPotential shall be allocated between Member States based on the difference between a Member State's RES share in 2030 as shown in PRIMES EUCO3535 scenario and its national binding target for 2020. All Member States' CPotential shall together contribute 30 % of the difference between the Union targets for 2030 and 2020.
5.  CInterco shall be allocated between Member States based on an electricity interconnection share index to EU average, where for each Member State individually the interconnection share index is capped at150% of the EU average. All Member States' CInterco shall together contribute10% of the difference between the EU targets for 2030 and 2020.
Amendment 271
Proposal for a directive
Annex V – Part C – paragraph 3 – point a – formula
SAVING = (E F(t) – E B /E F(t))
SAVING = (E F(t) – E B) /E F(t)
Amendment 272
Proposal for a directive
Annex V – Part C – paragraph 15
15.  Emission saving from carbon capture and replacement, eccr, shall be related directly to the production of biofuel or bioliquid they are attributed to, and shall be limited to emissions avoided through the capture of CO2 of which the carbon originates from biomass and which is used in the energy or transport sector.
15.  Emission saving from carbon capture and replacement, eccr, shall be limited to emissions avoided through the capture of CO2 of which the carbon originates from biomass and which is used to replace fossil-derived CO2 used in commercial products and services.
Amendment 319
Proposal for a directive
Annex VI – part B –paragraph 3 – point a – formula 1
SAVING = (E­F(t) – EB(t)/ E­F(t)
SAVING = (E­F(t) – EB(t))/ E­F (t)
Amendment 273
Proposal for a directive
Annex VII – paragraph 1 – subparagraph 2 – indent 1
—  Qusable = the estimated total usable heat delivered by heat pumps fulfilling the criteria referred to in Article 7 (4), implemented as follows: Only heat pumps for which SPF > 1,15 * 1/η shall be taken into account,
—  Qusable = the estimated total usable heat delivered by heat pumps for the production of heating and cooling fulfilling the criteria referred to in Article 7 (4), implemented as follows: Only heat pumps for which SPF > 1,15 * 1/η shall be taken into account,
Amendment 274
Proposal for a directive
Annex IX – Part A – point b
(b)  Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under point (a) of Article 11(2) of Directive 2008/98/EC.
deleted
Amendments 284 and 311
Proposal for a directive
Annex IX – Part B – point c
(c)  Molasses that are produced as a by-product from of refining sugarcane or sugar beets provided that the best industry standards for the extraction of sugar has been respected.  
deleted
Amendment 312
Proposal for a directive
Annex X – part A
Part A: [...]
deleted

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0392/2017).


Energy efficiency ***I
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Amendments adopted by the European Parliament on 17 January 2018 on the proposal for a directive of the European Parliament and of the Council amending Directive 2012/27/EU on energy efficiency (COM(2016)0761 – C8-0498/2016 – 2016/0376(COD))(1)
P8_TA(2018)0010A8-0391/2017

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 1
(1)  Moderation of energy demand is one of the five dimensions of the Energy Union Strategy adopted on 25 February 2015. Improving energy efficiency will benefit the environment, reduce greenhouse gas emissions, improve energy security by reducing dependence on energy imports from outside the Union, cut energy costs for households and companies, help alleviate energy poverty and lead to increased jobs and economy-wide economic activity. This is in line with the Union commitments made in the framework of the Energy Union and global climate agenda established by the Paris Agreement of December 2015 by the Parties of the United Nation Framework Convention on Climate Change.
(1)  Moderation of energy demand is one of the five dimensions of the Energy Union Strategy adopted on 25 February 2015. Improving energy efficiency throughout the full energy chain, including energy generation, transmission, distribution and end-use, will benefit the environment, improve air quality and public health, reduce greenhouse gas emissions, improve energy security by reducing dependence on energy imports from outside the Union, cut energy costs for households and companies, help alleviate energy poverty and lead to increased competitiveness, jobs and economy-wide economic activity thus improving citizens’ quality of life. This is in line with the Union commitments made in the framework of the Energy Union and global climate agenda established by the Conference of the Parties of the United Nation Framework Convention on Climate Change (COP21) held in Paris in December 2015 (‘the Paris Agreement’), committing to holding the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursuing efforts to limit the temperature increase to 1,5°C above pre-industrial levels..
Amendment 2
Proposal for a directive
Recital 2
(2)  Directive 2012/27/EU of the European Parliament and of the Council9 is an element to progress towards the Energy Union, under which energy efficiency should be treated as an energy source in its own right. The 'energy efficiency first' principle should be taken into account when setting new rules for the supply side and other policy areas. The Commission should ensure that energy efficiency and demand side response can compete on equal terms with generation capacity. Energy efficiency needs to be considered whenever energy system relevant planning or financing decisions are taken. Energy efficiency improvements need to be realised whenever it is more cost-effective than equivalent supply-side solutions. This should help to exploit the multiple benefits of energy efficiency for Europe's society, in particular for citizens and businesses.
(2)  Directive 2012/27/EU of the European Parliament and of the Council9 is an element to progress towards the Energy Union, under which energy efficiency should be treated as an energy source in its own right. The 'energy efficiency first' principle should be taken into account when setting new rules for the supply side and other policy areas. The Commission should prioritise energy efficiency and demand side response over increased generation capacity. Energy efficiency needs to be considered whenever energy system planning and financing decisions are taken. Investments to improve final energy efficiency need to be realised whenever it is more cost-effective than equivalent supply-side solutions. This should help to exploit the multiple benefits of increasing in energy efficiency at all stages of the energy chain and thereby improve the welfare of Europe's society. To unlock the full potential of those benefits, and allow for the successful implementation of the intended policy measures, the Commission and the Member States should work together with local and regional authorities, cities, businesses and citizens across the Union to ensure that the increase in energy efficiency as a result of technological, behavioural and economic changes go hand in hand with increased economic growth.
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9 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
9 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
Amendment 3
Proposal for a directive
Recital 2 a (new)
(2a)  All forms of primary energy (non-renewable and renewable) should take into account the additional energy input required to acquire that energy, to establish and operate power installations and to dismantle them, as well as to eliminate the associated threats to the environment.
Amendment 4
Proposal for a directive
Recital 2 b (new)
(2b)  Member State measures should be supported by well-designed and effective Union financial instruments, such as the European Structural and Investment Funds, the European Fund for Strategic Investments and the European Investment Bank, which should support energy efficiency investments at all stages of the energy chain and use a comprehensive cost-benefit analysis using a model of differentiated discount rates. Financial support should focus on cost-effective methods for increasing energy efficiency, which would lead to a reduction in energy consumption. Reaching an ambitious energy efficiency target requires barriers to be removed such as the recent clarification from Eurostat on how to record energy performance contracts in national accounts in order to make it easier to invest in energy efficiency measures.
Amendment 5
Proposal for a directive
Recital 3
(3)  The European Council of October 2014 set a 27 % energy efficiency target for 2030, to be reviewed by 2020 'having in mind an Union level of 30 %'. In December 2015, the European Parliament called upon the Commission to also assess the viability of a 40 % energy efficiency target for the same timeframe. It is therefore appropriate to review and consequently amend the Directive to adapt it to the 2030 perspective.
(3)  The European Council of October 2014 supported a 27 % energy efficiency target for 2030, to be reviewed by 2020 'having in mind a Union level of 30 %'. In December 2015, the European Parliament called upon the Commission to also assess the viability of a 40 % energy efficiency target for the same timeframe. It is therefore appropriate to review and consequently amend the Directive to adapt it to the 2030 perspective.
Amendment 102
Proposal for a directive
Recital 4
(4)  There are no binding targets at national level in the 2030 perspective. The need for the Union to achieve its energy efficiency targets at EU level, expressed in primary and final energy consumption, in 2020 and 2030 should be clearly set out in the form of a binding 30 % target. This clarification at Union level should not restrict Member States as their freedom is kept to set their national contributions based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States should set their national indicative energy efficiency contributions taking into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. This means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the Union compared to 2005 levels. A regular evaluation of progress towards the achievement of the Union 2030 target is necessary and is provided for in the legislative proposal on Energy Union Governance.
(4)  There are no binding targets at national level in the 2030 perspective. The need for the Union to achieve its energy efficiency targets at EU level, expressed in primary and final energy consumption, in 2020 and 2030 should be clearly set out in the form of an indicative 30 % target. This clarification at Union level should not restrict Member States as their freedom is kept to set their national contributions based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States should set their national indicative energy efficiency contributions taking into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. This means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the Union compared to 2005 levels. A regular evaluation of progress towards the achievement of the Union 2030 target is necessary and is provided for in the legislative proposal on Energy Union Governance.
Amendment 7
Proposal for a directive
Recital 4 a (new)
(4a)  The principle of equity among Member States should be applied when determining national energy efficiency targets. Energy is an essential commodity and minimum levels of energy consumption are therefore inevitable, a fact that should be properly taken into account when setting national targets. In general, countries whose energy consumption per capita is below the Union average should be given more flexibility when setting their targets.
Amendment 8
Proposal for a directive
Recital 4 b (new)
(4b)  The operational efficiency of energy systems at any given moment is influenced by the ability to feed power generated from different sources - with different degrees of inertia and start-up times - into the grid smoothly and flexibly; improving that efficiency will enable better use to be made of renewable energy, such as wind power combined with gas turbines, to avoid overloading networks served by conventional large power units that have significant thermal inertia.
Amendment 9
Proposal for a directive
Recital 4 c (new)
(4c)  The Commission and the Member States need to ensure that the reduction in energy consumption results from greater energy efficiency and not macro-economic circumstances.
Amendment 10
Proposal for a directive
Recital 4 d (new)
(4d)  Member States should identify cost-effective energy efficiency potentials on the basis of bottom-up calculation for each sector separately, as those are dependent on the energy mix, economy structure and pace of economic development.
Amendment 11
Proposal for a directive
Recital 5
(5)  The obligation on Member States to establish long-term strategies for mobilising investment in the renovation of their national building stock and notify them to the Commission should be removed from Directive 2012/27/EU and added to Directive 2010/31/EU of the European Parliament and of the Council10 where it fits with long term plans for nearly zero energy buildings and the decarbonisation of buildings.
(5)  The obligation on Member States to establish long-term strategies for facilitating the renovation of their national building stock and notify them to the Commission should be removed from Directive 2012/27/EU and added to Directive 2010/31/EU of the European Parliament and of the Council10 where it fits with long term plans for nearly zero energy buildings and the decarbonisation of buildings.
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10 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.
10 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 12
Proposal for a directive
Recital 6
(6)  In view of the climate and energy framework for 2030 the energy savings obligation should be extended beyond 2020. Extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures, such as the renovation of buildings.
(6)  In view of the climate and energy framework for 2030, the energy savings obligation should be extended beyond 2020. Extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures, such as the deep renovation of buildings with the long-term objective of achieving a stock of nearly zero-energy buildings (NZEBs). The energy savings obligation has been key in leading to the creation of local growth and jobs, and should be continued to ensure that the Union can achieve its energy and climate objectives by creating further opportunities and reduce dependency of energy consumption on growth. Cooperation with the private sector is important to assess on which conditions private investment for energy efficiency projects can be unlocked and to develop new revenue models for innovation in the field of energy efficiency.
Amendment 13
Proposal for a directive
Recital 6 a (new)
(6a)  Energy efficiency improvements also have a positive impact on air quality, as more energy efficient buildings reduce the demand in heating fuels, especially also solid heating fuels. Energy efficiency measures therefore contribute to improving indoor and outdoor air quality and help achieving, in a cost effective manner, the objectives of Union’s air quality policy, as established in particular by Directive (EU) 2016/2284 of the European Parliament and of the Council1a. The reduction of energy demand in buildings should be considered to be an element of air quality policy, in general and in particular in Member States where achieving Union’s limits on emissions of air pollutants is problematic and energy efficiency could help attain those goals.
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1a Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).
Amendment 14
Proposal for a directive
Recital 7
(7)  Member States are required to achieve a cumulative end-use savings requirement for the entire obligation period, equivalent to 'new' savings of 1.5 % of annual energy sales. This requirement could be met by new policy measures that are adopted during the new obligation period from 1 January 2021 to 31 December 2030 or by new individual actions as a result of policy measures adopted during or before the previous period, but in respect of which the individual actions that trigger energy savings are actually introduced during the new period.
(7)  Member States are required to achieve a cumulative end-use savings requirement for the entire obligation period, equivalent to 'new' savings of at least 1.5 %. This requirement could be met by energy savings that stem from policy measures provided that it can be demonstrated that those measures result in individual actions that deliver verifiable energy savings after 2020. Savings in each period should build cumulatively upon the amount of savings to be achieved in previous period(s).
Amendment 15
Proposal for a directive
Recital 9
(9)  New savings should be additional to business as usual, so that savings that would have occurred in any event may not be claimed. In order to calculate the impact of measures introduced only net savings, measured as the change of energy consumption that is directly attributable to the energy efficiency measure in question, may be counted. To calculate net savings Member States should establish a baseline scenario of how the situation would evolve in the absence of the policy in question. The policy intervention should be evaluated against this defined baseline. Member States should take into account that other policy interventions may be undertaken in the same time frame which may also have an impact on energy savings, so that not all changes observed since the introduction of the policy intervention being evaluated can be attributed to that policy measure only. The actions of the obligated, participating or entrusted party should actually contribute to the achievement of the savings claimed to ensure the fulfilment of the materiality requirement.
(9)  New energy savings should be additional to business as usual, so that savings that would have occurred in any event may not be claimed. In order to calculate the impact of measures introduced only net savings, measured as the change of energy consumption that is directly attributable to the energy efficiency measure in question, may be counted. To calculate net savings Member States should establish a baseline scenario of how the situation would evolve in the absence of the policy in question. The policy intervention should be evaluated against this defined baseline. Member States should take into account that other policy interventions may be undertaken in the same time frame which may also have an impact on energy savings, so that not all changes observed since the introduction of the policy intervention being evaluated can be attributed to that policy measure only. The actions of the obligated, participating or entrusted party should actually contribute to the achievement of the savings claimed to ensure the fulfilment of the materiality requirement.
Amendment 16
Proposal for a directive
Recital 9 a (new)
(9a)  It is important to include all energy chain steps into the counting of savings in order to increase the energy savings potential in transmission and distribution of electricity.
Amendment 17
Proposal for a directive
Recital 10
(10)  Energy savings which result from the implementation of Union legislation may not be claimed unless the measure in question goes beyond the minimum required by the Union legislation in question, whether by setting more ambitious energy efficiency requirements at national level or increasing the take up of the measure. Recognising that renovation of buildings is an essential and long term element in increasing energy savings, it is necessary to clarify that all energy savings stemming from measures promoting the renovation of existing buildings can be claimed if they are additional to developments that would have happened in the absence of the policy measure and if the Member State demonstrates that the obligated, participating or entrusted party has actually contributed to the achievement of the savings claimed from the measure in question.
(10)  Energy savings which result from the implementation of Union legislation may not be claimed unless the measure in question goes beyond the minimum required by the Union legislation in question, whether by setting more ambitious energy efficiency requirements at national level or increasing the take up of the measure. Buildings present a substantial potential for further increasing energy efficiency, and renovation of buildings is an essential and long term element with economies of scale in increasing energy savings. It is therefore necessary to clarify that all energy savings stemming from measures promoting the renovation of existing buildings can be claimed if they are additional to developments that would have happened in the absence of the policy measure and if the Member State demonstrates that the obligated, participating or entrusted party has actually contributed to the achievement of the savings claimed from the measure in question.
Amendment 18
Proposal for a directive
Recital 10 a (new)
(10a)  The effective management of water can make a significant contribution to energy savings. The water and wastewater sector account for 3,5 % of electricity use in the Union1a. Moreover, water demand is expected to increase by 25 % by 2040, mainly in urban areas. At the same time, water leaks account for 24 % of the total amount of water consumed in the Union, resulting in energy and water losses. All measures aiming to achieve more effective water management and a reduction in water use therefore have the potential to make a significant contribution to the Union's energy efficiency objective1b.
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1a World Energy Outlook 2016, International Energy Agency, 2016
1b World Energy Outlook 2016, International Energy Agency, 2016
Amendment 19
Proposal for a directive
Recital 10 b (new)
(10b)  This review includes provisions related to the treatment of energy efficiency as an infrastructure priority, recognising that it fulfils the definition of infrastructure used by the IMF and other economic institutions, and makes it a crucial element and a priority consideration in future investment decisions on the Union's energy infrastructure1a.
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1a Wording from the European Parliament report of 2 June 2016 on the implementation of the Energy Efficiency Directive (2012/27/EU)-(2015/2232(INI))
Amendment 20
Proposal for a directive
Recital 10 c (new)
(10c)  The energy sector is the largest consumer of water in the Union, accounting for 44 % of water consumption1a. The use of smart technologies and processes for the efficient management of water has the potential to generate significant energy savings while enhancing the competitiveness of enterprises.
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1a Commission staff working document, Agriculture and sustainable water management in the EU, 28 April 2017.
Amendment 21
Proposal for a directive
Recital 10 d (new)
(10d)  The water and wastewater sector can also contribute to the production of renewable energy and the reduction of fossil energy supply. For instance, the recovery of energy from sludge produced through the treatment of wastewater, makes it possible to produce energy on site.
Amendment 22
Proposal for a directive
Recital 12
(12)  Improvements to the energy efficiency of buildings should benefit in particular consumers affected by energy poverty. Member States can already require obligated parties to include social aims in energy saving measures, in relation to energy poverty, and this possibility should now be extended to alternative measures and transformed into an obligation while leaving full flexibility to Member States with regard to the size, scope and content of such measures. In line with Article 9 of the Treaty, the Union's energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers.
(12)  Improvements to the energy efficiency of buildings should benefit all consumers and in particular low-income households, including those affected by energy poverty. Each Member State may define energy poverty and what constitutes a low-income household in accordance with its specific national circumstances. Member States can already require obligated parties to include social aims in energy saving measures, in relation to energy poverty. This possibility should now be extended to alternative measures and be transformed into an obligation while leaving full flexibility to Member States with regard to the size, scope and content of such measures. In line with Article 9 of the Treaty, the Union's energy efficiency policies should be inclusive and therefore ensure accessibility of energy efficiency measures to energy-poor, low-income consumers.
Amendment 23
Proposal for a directive
Recital 12 a (new)
(12a)  Reacting to daytime and night-time demand for electricity is an important instrument for improving energy efficiency, since it significantly increases energy saving opportunities for consumers by allowing them to make decisions based on information indicating the possibility of optimising energy consumption when energy is in demand, including at peak times, so as to enable better use of transmission networks and productive resources.
Amendment 24
Proposal for a directive
Recital 12 b (new)
(12b)  Low energy bills should be achieved by assisting consumers in reducing their energy use via reduction of energy needs of buildings, improvements in the efficiency of appliances, availability of low energy transport modes integrated with public transport and cycling. Improving building envelopes and reducing energy needs and uses are fundamental aspects to ameliorate health conditions of low income segments of the population.
Amendment 25
Proposal for a directive
Recital 12 c (new)
(12c)  It is crucial to raise awareness and provide accurate information about the benefits of increased energy efficiency and its possible implementation to all Union citizens. Increased energy efficiency is also crucial for geopolitical position and security of the Union through lowering its dependency on import of fuels from third countries.
Amendment 26
Proposal for a directive
Recital 12 d (new)
(12d)  Around 50 million households in the Union are affected by energy poverty. Energy efficiency measures must therefore be central to any cost-effective strategy to address energy poverty and consumer vulnerability and are complementary to social security policies at Member State level. To ensure that energy efficiency measures reduce energy poverty for tenants sustainably, the cost-effectiveness of such measures, as well as affordability to owners and tenants should be taken into account, and adequate financial support for such measures should be guaranteed at Member State level. The Union's building stock will need to become, in the long term, NZEBs, in line with the objectives of the Paris Agreement. Present building renovation rates are insufficient and buildings occupied by low-income citizens affected by energy poverty are the hardest to reach. The measures laid down in this Regulation with regard to energy savings obligations, energy efficiency obligation schemes and alternative policy measures are therefore of particular importance.
Amendment 27
Proposal for a directive
Recital 12 e (new)
(12e)  The costs and benefits of all energy efficiency measures taken, including pay-back periods, should be made fully transparent to consumers.
Amendment 28
Proposal for a directive
Recital 13
(13)  Energy generated on or in buildings from renewable energy technologies reduces the supplied fossil energy. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union’s energy dependency and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the Conference of the Parties of the United Nation Framework Convention on Climate Change (COP21) held in Paris in December 2015. Member States should therefore be able to take into account a certain amount of renewable energy generated on or in buildings for own use into account to satisfy their energy savings requirements. For this purpose Member States should be allowed to use calculation methodologies established under Directive 2010/31/EU.
(13)  Energy generated on or in buildings from renewable energy technologies reduces the supplied fossil energy. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union’s energy dependency and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the Paris Agreement.
Amendment 29
Proposal for a directive
Recital 13 a (new)
(13a)  The energy balance in Member States' businesses and industries can be improved, building on the principles of the circular economy, by means of the proper use of industrial waste as secondary raw materials, provided that their energy potential is higher than the potential of alternative primary raw materials.
Amendment 30
Proposal for a directive
Recital 13 b (new)
(13b)  Taking advantage of new business models and technologies, Member States should endeavour to promote and facilitate the uptake of energy efficiency measures, including through innovative energy services for large and small customers.
Amendment 31
Proposal for a directive
Recital 13 c (new)
(13c)  Member States should demonstrate a high degree of flexibility in the design and implementation of alternative measures for determining their national priorities for energy efficiency, including both energy efficient products and energy-efficient technological production processes. Support is required for actions focusing on targets related to the efficient use of natural resources or to the need to introduce the circular economy.
Amendment 32
Proposal for a directive
Recital 14
(14)  As part of the measures set out in the Commission's Communication New Deal for Energy Consumers, in the context of the Energy Union and the Heating and Cooling strategy, consumers' minimum rights to clear and timely information about their energy consumption need to be strengthened. Articles 9 to 11 and Annex VII of Directive 2012/27/EU should be amended to provide for frequent and enhanced feedback on energy consumption. It should also clarified that rights relating to billing and billing information apply for consumers of heating, cooling or hot water supplied from a central source even where they have no direct, individual contractual relationship with an energy supplier. Therefore, for the purposes of these provisions, the term 'final user', should cover final customers purchasing heating, cooling or hot water for their own use as well as occupants of individual units of multi-apartment or multi-purpose buildings where such units are supplied from a central source. The term 'sub-metering' should refer to measuring consumption in individual units of such buildings. By 1 January 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, frequent provision of consumption information. The new Article 9a is intended to apply only to heating, cooling and hot water supplied from a central source.
(14)  As part of the measures set out in the Commission's Communication New Deal for Energy Consumers, in the context of the Energy Union and the Heating and Cooling strategy, consumers' minimum rights to accurate, reliable, clear and timely information about their energy consumption need to be strengthened. Whilst individual metering should continue to be required where it is technically feasible and cost-effective in terms of being proportionate in relation to the potential energy savings, Articles 9 to 11 and Annex VII to Directive 2012/27/EU should be amended to provide for frequent and enhanced feedback on energy consumption, taking into account the availability and capabilities of measurement devices, with the aim to optimise energy use. Member States should also take into account that the successful implementation of new technologies for measuring energy consumption require enhanced investment in education and skills for both users and energy suppliers. It should also be clarified that rights relating to billing and billing or consumption information apply for consumers of heating, cooling or hot water supplied from a central source even where they have no direct, individual contractual relationship with an energy supplier. Therefore, for the purposes of these provisions, the term 'final user', in addition to final customers purchasing heating, cooling or hot water for their own end use, should also cover occupants of individual units of multi-apartment or multi-purpose buildings where such units are supplied from a central source who have no direct or individual contract with the energy supplier. The term 'sub-metering' should refer to measuring consumption in individual units of such buildings. By 1 January 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, frequent provision of consumption information. The new Article 9a is intended to apply only to heating, cooling and hot water supplied from a central source.
Amendment 33
Proposal for a directive
Recital 14 a (new)
(14a)  Billing information and annual statements are an important means by which customers are informed. Data on consumption and costs can also convey other information that helps consumers to compare their current deal with other offers and resort to complaint management and dispute resolutions. However, considering that bill-related disputes are a very common source of consumer complaints, a factor which contributes to persistently low levels of consumer satisfaction and engagement in the energy sector, it is necessary to make bills simpler, clearer and easier to understand, while ensuring that separate instruments, such as billing information, information tools and annual statements, provide all the necessary information to enable consumers to regulate their energy consumption, compare offers and switch suppliers.
Amendment 34
Proposal for a directive
Recital 14 b (new)
(14b)  Small and medium-sized enterprises (SMEs) that fall within the scope of this Directive are those that employ fewer than 250 persons and which have an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million, in accordance with Article 2(1) of the Annex to Commission Recommendation 2003/361/EC1a..
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1a.   Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 36
Proposal for a directive
Recital 15 b (new)
(15b)  The increase in energy efficiency is a direct result of the following steps in the energy generation and conversion processes: efficient conversion of primary energy into final energy, efficient transmission of this energy to consumers in the form of electricity, heat or fuels, and its sparing use by end users; the savings effect on the consumer market should not be considered to be a sole objective of such effectiveness, as this effect may result from unfavourable energy prices.
Amendment 37
Proposal for a directive
Recital 16
(16)  Reflecting technological progress and the growing share of renewable energy sources in the electricity generation sector, the default coefficient for savings in kWh electricity should be reviewed in order to reflect changes in the primary energy factor (PEF) for electricity. Calculations of the PEF for electricity are based on annual average values. The Physical energy content accounting method is used for nuclear electricity and heat generation and the Technical conversion efficiency method is used for electricity and heat generation from fossil fuels and biomass. For non-combustible renewable energy, the method is the direct equivalent based on the Total primary energy approach. To calculate the primary energy share for electricity in CHP the method set out in Annex II of Directive 2012/27/EU is applied. An average market position is used rather than a marginal one. Conversion efficiencies are assumed to be 100 % for non-combustible renewables, 10 % for geothermal power stations and 33 % for nuclear power stations. Total efficiency for cogeneration is calculated based on the most recent data from Eurostat. As for system boundaries the PEF is 1 for all energy sources. Calculations are based on the most recent version of the PRIMES Reference Scenario. The PEF value is based on the projection for 2020. The analysis covers the EU Member States and Norway. The dataset for Norway is based on ENTSO-E data.
(16)  Strictly limited to the objectives of this Directive and reflecting technological progress and the growing share of renewable energy sources in the electricity generation sector, the default coefficient for savings in kWh electricity should be carefully analysed and possibly reviewed in order to reflect changes in the primary energy factor (PEF) for electricity, reflecting the energy mix of the respective Member State by way of a comparable and transparent methodology.
Amendment 38
Proposal for a directive
Recital 16 a (new)
(16a)  Taking into account that the European Council, in its conclusions of 10 June 2011 on the Energy Efficiency Plan, stressed that buildings represent 40 % of the Union's primary energy consumption, which represents 50 % of final energy consumption, and, in order to enable economic growth and encourage employment in sectors requiring special qualifications, namely in the construction and construction products manufacturing sectors, in professional activities such as architecture and urban planning and advisory services concerning heating and cooling technologies, the Member States should establish a long-term strategy in those fields that would extend beyond 2020.
Amendment 39
Proposal for a directive
Recital 16 b (new)
(16b)  The primary energy factor (PEF) should be used as a tool to reduce the consumption of and dependency on fossil fuels and increase energy efficiency as well as the further expansion of renewable energy resources. In this regard, the default coefficient for savings in kWh electricity should be adapted when technological, economic or social developments demonstrate the need for a lower default coefficient. The Commission should analyse, and, if appropriate, present a legislative proposal to amend the default coefficient of the PEF by 2024.
Amendment 40
Proposal for a directive
Recital 17
(17)  In order to ensure that the Annexes to the Directive and the harmonised efficiency reference values referred to in Article 14(10) can be updated, it is necessary to extend the delegation of powers granted to the Commission.
deleted
Amendment 41
Proposal for a directive
Recital 18
(18)  In order to be able to evaluate the effectiveness of Directive 2012/27/EU, a requirement for a general review of the Directive and a report to the European Parliament and the Council by 28 February 2024 should be introduced.
(18)  In order to be able to evaluate the effectiveness of Directive 2012/27/EU, a requirement for a general review of that Directive and to submit a report to the European Parliament and to the Council by 28 February 2024 should be introduced. This date but will be after the UNFCCC global stocktake in 2023 in order to allow necessary alignments to that process to be introduced, also taking into account economic and innovation developments.
Amendment 42
Proposal for a directive
Recital 19 a (new)
(19a)  Member States whose per capita GDP is lower than the average Union per capita GDP should be able to increase the consumption of primary energy, provided that its conversion into final energy, its further transmission and distribution, as well as useful savings on the consumer market takes into account a significant increase in energy efficiency at each stage of a technological process consisting in the flow of released primary energy stream.
Amendment 43
Proposal for a directive
Recital 19 b (new)
(19b)  Local and regional authorities should be given a leading role in the development and design, execution and assessment of the measures laid down in the Directive, so that they are able properly to address the specific features of their own climate, culture and society.
Amendments 110/rev and 100
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2012/27/EU
Article 1 – paragraph 1
1.  This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union’s 2020 20 % headline targets and its 2030 30 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates. It lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy, and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030.
1.  This Directive establishes a common framework of measures to promote energy efficiency within the Union, implementing the ‘energy efficiency first’ principle throughout the full energy chain, including energy generation, transmission, distribution and end-use, in order to ensure that the Union’s 2020 20 % headline targets and its 2030 minimum 35 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond 2030, in line with the Union's long-term energy and climate goals for 2050 and the Paris Agreement. It lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy, and provides for the establishment of indicative national energy efficiency targets for 2020 and national energy efficiency targets for 2030.
Amendment 46
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2012/27/EU
Article 1 – paragraph 1 a (new)
1a.  This Directive contributes to the implementation of the ‘energy efficiency first’ principle and ensures that energy efficiency and demand side response can compete on equal terms with generation capacity. Energy efficiency shall be considered where energy system relevant planning or financing decisions are taken.
Amendment 47
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2012/27/EU
Article 1 – paragraph 1 b (new)
1b.  In order to mobilise private financing for energy efficiency measures and energy renovations, the Commission shall start a dialogue with both public and private financial institutions to map out potential policy mechanisms. Given the large potential for energy efficiency improvements in the building sector, investments in that sector shall be particularly considered, with a primary focus on residential buildings with low-income households at risk of energy poverty. In addition, to make investments in energy efficiency projects more financially interesting and feasible for investors, the Commission shall consider options on how to bundle small projects into larger ones. The Commission shall provide guidance for Member States on how to unlock private investment by 1 January 2019.
Amendment 51
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraphs 1, 2, 3
Article 3
Article 3
Energy efficiency targets
Energy efficiency targets
1.  Each Member State shall set an indicative national energy efficiency target for 2020, based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States shall notify those targets to the Commission in accordance with Article 24(1) and Annex XIV Part 1. When doing so, they shall also express those targets in terms of an absolute level of primary energy consumption and final energy consumption in 2020 and shall explain how, and on the basis of which data, this has been calculated.
1.  Each Member State shall set an indicative national energy efficiency target for 2020, based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States shall notify those targets to the Commission in accordance with Article 24(1) and Annex XIV Part 1. When doing so, they shall also express those targets in terms of an absolute level of primary energy consumption and final energy consumption in 2020 and shall explain how, and on the basis of which data, this has been calculated.
When setting those targets, Member States shall take into account:
When setting those targets, Member States shall take into account:
(a)  that the Union’s 2020 energy consumption has to be no more than 1 483 Mtoe of primary energy and no more than 1 086 Mtoe of final energy;
(a)  that the Union’s 2020 energy consumption has to be no more than 1 483 Mtoe of primary energy or no more than 1 086 Mtoe of final energy;
(b)  the measures provided for in this Directive;
(b)  the measures provided for in this Directive;
(c)  the measures adopted to reach the national energy saving targets adopted pursuant to Article 4(1) of Directive 2006/32/EC; and
(c)  the measures adopted to reach the national energy saving targets adopted pursuant to Article 4(1) of Directive 2006/32/EC; and
(d)  other measures to promote energy efficiency within Member States and at Union level.
(d)  other measures to promote energy efficiency within Member States and at Union level.
When setting those targets, Member States may also take into account national circumstances affecting primary energy consumption, such as:
When setting those targets, Member States may also take into account national circumstances affecting primary energy consumption, such as:
(a)  remaining cost-effective energy-saving potential;
(a)  remaining cost-effective energy-saving potential;
(b)  GDP evolution and forecast;
(b)  GDP evolution and forecast;
(c)  changes of energy imports and exports;
(c)  changes of energy imports and exports;
(d)  development of all sources of renewable energies, nuclear energy, carbon capture and storage; and
(d)  development of all sources of renewable energies, nuclear energy, carbon capture and storage; and
(e)  early action.
(e)  early action.
2.  By 30 June 2014, the Commission shall assess progress achieved and whether the Union is likely to achieve energy consumption of no more than 1 483 Mtoe of primary energy and no more than 1 086 Mtoe of final energy in 2020.
2.  By 30 June 2014, the Commission shall assess progress achieved and whether the Union is likely to achieve energy consumption of no more than 1 483 Mtoe of primary energy and/or no more than 1 086 Mtoe of final energy in 2020.
3.  In carrying out the review referred to in paragraph 2, the Commission shall:
3.  In carrying out the review referred to in paragraph 2, the Commission shall:
(a)  sum the national indicative energy efficiency targets reported by Member States;
(a)  sum the national indicative energy efficiency targets reported by Member States;
(b)  assess whether the sum of those targets can be considered a reliable guide to whether the Union as a whole is on track, taking into account the evaluation of the first annual report in accordance with Article 24(1), and the evaluation of the National Energy Efficiency Action Plans in accordance with Article 24(2);
(b)  assess whether the sum of those targets can be considered a reliable guide to whether the Union as a whole is on track, taking into account the evaluation of the first annual report in accordance with Article 24(1), and the evaluation of the National Energy Efficiency Action Plans in accordance with Article 24(2);
(c)  take into account complementary analysis arising from:
(c)  take into account complementary analysis arising from:
(i)  an assessment of progress in energy consumption, and in energy consumption in relation to economic activity, at Union level, including progress in the efficiency of energy supply in Member States that have based their national indicative targets on final energy consumption or final energy savings, including progress due to these Member States’ compliance with Chapter III of this Directive;
(i)  an assessment of progress in energy consumption, and in energy consumption in relation to economic activity, at Union level, including progress in the efficiency of energy supply in Member States that have based their national indicative targets on final energy consumption or final energy savings, including progress due to these Member States’ compliance with Chapter III of this Directive;
(ii)  results from modelling exercises in relation to future trends in energy consumption at Union level.
(ii)  results from modelling exercises in relation to future trends in energy consumption at Union level.
(d)  compare the results under points (a) to (c) with the quantity of energy consumption that would be needed to achieve energy consumption of no more than 1 483 Mtoe of primary energy and no more than 1 086 Mtoe of final energy in 2020.
(d)  compare the results under points (a) to (c) with the quantity of energy consumption that would be needed to achieve energy consumption of no more than 1 483 Mtoe of primary energy and/or no more than 1 086 Mtoe of final energy in 2020.
Amendment 101
Proposal for a directive
Article 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 4
4.  Each Member State shall set indicative national energy efficiency contributions towards the Union’s 2030 target referred to in Article 1 paragraph 1 in accordance with Articles [4] and [6] of Regulation (EU) XX/20XX [Governance of the Energy Union]. When setting those contributions, Member States shall take into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. Member States shall notify those contributions to the Commission as part of their integrated national energy and climate plans in accordance with the procedure pursuant to Articles [3] and [7] to [11] of Regulation (EU) XX/20XX [Governance of the Energy Union].
4.  Each Member State shall set indicative national energy efficiency targets towards the Union’s 2030 target referred to in Article 1 paragraph 1 and in accordance with Articles [4] and [6] of Regulation (EU) XX/20XX [Governance of the Energy Union]. When setting those contributions, Member States shall take into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. Member States shall notify those contributions to the Commission as part of their integrated national energy and climate plans in accordance with the procedure pursuant to Articles [3] and [7] to [11] of Regulation (EU) XX/20XX [Governance of the Energy Union].
Amendments 54, 105 and 107
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7
Article 7
Article 7
Energy savings obligation
Energy savings obligation
1.  Member States shall achieve cumulative end-use energy savings at least equivalent to:
1.  Member States shall achieve cumulative end-use energy savings at least equivalent to:
(a)  new savings each year from 1 January 2014 to 31 December 2020 of 1.5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2013;
(a)  new savings each year from 1 January 2014 to 31 December 2020 of 1.5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2013;
(b)  new savings each year from 1 January 2021 to 31 December 2030 of 1.5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2019.
(b)  new savings each year from 1 January 2021 to 31 December 2030 of at least 1.5 % of annual energy sales to final customers by volume averaged over the most recent three-year period prior to 1 January 2019.
Member States shall continue to achieve new annual savings of 1.5% for ten year periods after 2030, unless reviews by the Commission by 2027 and every 10 years thereafter conclude that this is not necessary to achieve the Union's long term energy and climate targets for 2050.
Member States shall continue to achieve new annual savings of 1.5% for ten year periods after 2030, unless reviews by the Commission by 2027 and every 10 years thereafter conclude that this is not necessary to achieve the Union's long term energy and climate targets for 2050.
Savings in each period shall build cumulatively upon the amount of savings to be achieved in the previous period(s). Where earlier policy measures, programmes, and/or individual actions are no longer delivering savings, the loss of those savings shall be accounted for when calculating the overall amount of savings to be achieved at the end of each period, and the loss replaced by new savings.
For the purposes of point (b), and without prejudice to paragraphs 2 and 3, Member States may count only those energy savings that stem from new policy measures introduced after 31 December 2020 or policy measures introduced during the period from 1 January2014 to 31 December 2020 provided it can be demonstrated that those measures result in individual actions that are undertaken after 31 December 2020 and deliver savings.
Savings required for the period referred to in point (b) shall be cumulative and additional to the savings required for the period referred to in point (a). To that end, and without prejudice to paragraphs 2 and 3, Member States may count energy savings that stem from new policy measures introduced after 31 December 2020 or earlier policy measures, provided it can be demonstrated that those measures result in new individual actions that are undertaken after 31 December 2020 and deliver savings. Member States may also count savings from the individual actions that are undertaken during the period from 1 January 2014 to 31 December 2020 provided that they continue to deliver verifiable energy savings after 2020.
The sales of energy, by volume, used in transport may be partially or fully excluded from these calculations.
For the purposes of the period referred to in point (a) only, the sales of energy, by volume, used in transport may be partially or fully excluded from these calculations. Sales of energy used in transport shall be fully included in the calculations for the period referred to in point (b) and beyond.
Member States shall decide how the calculated quantity of new savings is to be phased over each period referred to in points (a) and (b) as long as the required total cumulative savings have been achieved by the end of each period.
Member States shall decide how the calculated quantity of new savings is to be phased over each period referred to in points (a) and (b) as long as the required total cumulative savings have been achieved by the end of each period.
2.  Subject to paragraph 3, each Member State may:
2.  Subject to paragraph 3, each Member State may:
(a)  carry out the calculation required by point (a) of paragraph 1 using values of 1 % in 2014 and 2015; 1.25 % in 2016 and 2017; and 1.5 % in 2018, 2019 and 2020;
(a)  carry out the calculation required by point (a) of paragraph 1 using values of 1 % in 2014 and 2015; 1.25 % in 2016 and 2017; and 1.5 % in 2018, 2019 and 2020;
(b)  exclude from the calculation all or part of the sales, by volume, of energy used in industrial activities listed in Annex I to Directive 2003/87/EC;
(b)  exclude from the calculation all or part of the sales, by volume, of energy used in industrial activities listed in Annex I to Directive 2003/87/EC;
(c)  allow energy savings achieved in the energy transformation, distribution and transmission sectors, including efficient district heating and cooling infrastructure, as a result of implementing the requirements set out in Article 14(4), point (b) of Article 14(5) and Article 15(1) to (6) and (9), to be counted towards the amount of energy savings required under paragraph 1;
(c)  allow energy savings achieved in the energy transformation, distribution and transmission sectors, including efficient district heating and cooling infrastructure, as a result of implementing the requirements set out in Article 14(4), point (b) of Article 14(5) and Article 15(1) to (6) and (9), to be counted towards the amount of energy savings required under point (a) and (b) of paragraph 1; and
(d)  count energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020 and beyond and which can be measured and verified, towards the amount of energy savings referred to in paragraph 1; and
(d)  count energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020 and which can be measured and verified, towards the amount of energy savings referred to in point (a) of paragraph 1.
(e)  exclude from the calculation of the energy savings requirement referred to in paragraph 1 the verifiable amount of energy generated on or in buildings for own use as a result of policy measures promoting new installation of renewable energy technologies.
3.  All the options chosen under paragraph 2 taken together must amount to no more than 25 % of the amount of energy savings referred to in paragraph 1. Member States shall apply and calculate the effect of the options chosen for the periods referred to in points (a) and (b) of paragraph 1 separately:
3.  All the options chosen under paragraph 2 taken together must amount to no more than 25 % of the amount of energy savings referred to in paragraph 1. Member States shall apply and calculate the effect of the options chosen for the periods referred to in points (a) and (b) of paragraph 1 separately:
(a)  for the calculation of the amount of energy savings required for the period referred to in point (a) of paragraph 1 Member States may make use of points (a), (b), (c), and (d) of paragraph 2;
(a)  for the calculation of the amount of energy savings required for the period referred to in point (a) of paragraph 1 Member States may make use of points (a), (b), (c), and (d) of paragraph 2
(b)  for the calculation of the amount of energy savings required for the period referred to in point (b) of paragraph 1 Member States may make use of points (b), (c), (d) and (e) of paragraph 2, provided individual actions in the meaning of point (d) continue to have a verifiable and measurable impact after 31 December 2020.
(b)  for the calculation of the amount of energy savings required for the period referred to in point (b) of paragraph 1 Member States may make use of points (b), (c), (d) and (e) of paragraph 2, provided individual actions in the meaning of point (d) continue to have a verifiable and measurable impact after 31 December 2020.
4.  Energy savings achieved after 31 December 2020 may not count towards the cumulative savings amount required for the period from 1 January 2014 to 31 December 2020.
4.  Energy savings achieved after 31 December 2020 may not count towards the cumulative savings amount required for the period from 1 January 2014 to 31 December 2020.
5.  Member States shall ensure that savings resulting from policy measures referred to in Articles 7a and 7b and Article 20(6) are calculated in accordance with Annex V.
5.  Member States shall ensure that savings resulting from policy measures referred to in Articles 7a and 7b and Article 20(6) are calculated in accordance with Annex V.
6.  Member States shall achieve the required amount of savings under paragraph 1 either by establishing an energy efficiency obligation scheme referred to in Article 7a or by adopting alternative measures referred to in Article 7b. Member States may combine an energy efficiency obligation scheme with alternative policy measures.
6.  Member States shall achieve the required amount of savings under paragraph 1 either by establishing an energy efficiency obligation scheme referred to in Article 7a or by adopting alternative measures referred to in Article 7b. Member States may combine an energy efficiency obligation scheme with alternative policy measures.
7.  Member States shall demonstrate that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings.’;
7.  Member States shall demonstrate that where there is an overlap in the impact of policy measures or individual actions, there is no double counting of energy savings.’;
Amendment 55
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 1
1.  Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 7 (1) by way of an energy efficiency obligation scheme they shall ensure that obligated parties referred to in paragraph 2 operating in each Member State’s territory achieve, without prejudice to Article 7(2), the cumulative end-use energy savings requirement set out in Article 7(1).
1.  Where Member States decide to fulfil their obligations to achieve the amount of savings required under Article 7 (1) by way of an energy efficiency obligation scheme they shall ensure that obligated parties referred to in paragraph 2 operating in each Member State’s territory achieve, without prejudice to Article 7(2), the cumulative end-use energy savings requirement set out in Article 7(1) or allow the obligated parties to contribute annually to the Energy Efficiency National Fund in accordance with Article 20(6).
Amendment 56
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 2
2.  Member States shall designate, on the basis of objective and non-discriminatory criteria, obligated parties among energy distributors and/or retail energy sales companies operating in its territory and may include transport fuel distributors or transport fuel retailers operating in its 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 7(1), or, if Member States so decide, through certified savings stemming from other parties as described in point (b) of paragraph 5.
2.  Member States shall designate, on the basis of objective and non-discriminatory criteria, obligated parties among 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 7(1), or, if Member States so decide, through certified savings stemming from other parties as described in point (b) of paragraph 5.
Amendment 57
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 2 a (new)
2a.  Where retail energy sales companies are designated as obligated parties according to paragraph 2, Member States shall ensure that in fulfilling their obligation, retail energy sales companies do not create any barriers for consumers to switch from one supplier to another.
Amendment 59
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 5 – point b
(b)  may permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties including when obligated parties promote measures through other State-approved bodies or through public authorities that may or may not involve formal partnerships and may be in combination with other sources of finance. Where Member States so permit, they shall ensure that an approval process is in place which is clear, transparent and open to all market actors, and which aims at minimising the costs of certification;
(b)  may permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties including when obligated parties promote measures through other State-approved bodies or through public authorities that may or may not involve formal partnerships and may be in combination with other sources of finance. Where Member States so permit, they shall ensure that an accredited approval process is in place which is clear, transparent, participative and open to all market actors, and which aims at minimising the costs of certification;
Amendment 60
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 5 – point c a (new)
(ca)  allow additional savings achieved through more sustainable technologies in district heating and cooling systems in urban environments (leading equally to reductions of pollutants and particulates) to be counted towards the amount of energy savings required under paragraph 1;
Amendment 61
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 5 – point c b (new)
(cb)  promote the adoption of measures that tackle the heating and cooling potential for energy savings, possibly providing additional rewards for interventions resulting in pollution mitigation;
Amendment 62
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 5 – point c c (new)
(cc)  establish instruments that certify energy savings resulting from energy audits or equivalent energy management systems referred to in Article 8 in order to count those savings towards the amount of energy savings required under paragraph 1;
Amendment 63
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 5 – point c d (new)
(cd)  may permit obligated parties to count towards their obligation the end-use energy savings achieved in efficient heating and cooling infrastructure;
Amendment 65
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 5 – point c f (new)
(cf)  shall assess and take measures to minimise the impact of the direct and indirect costs of such schemes on the competitiveness of energy-intensive industries exposed to international competition.
Amendment 66
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 6 a (new)
6a.  As part of their integrated national energy and climate plans, Member States shall inform the Commission about their intended policy measures under point (c) of Article 7(2). The impact of these measures shall be calculated and included in those plans. The calculation used by the Member States shall be based on objective, non-discriminatory criteria, to be drawn up in consultation with the Commission, by 1 January 2019.
Amendment 67
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7b – paragraph 1
1.  Where Member States decide to fulfil their obligations to achieve the savings required under Article 7(1) by way of alternative policy measures they shall ensure that the energy savings required under Article 7(1) are achieved among final customers.
1.  Where Member States decide to fulfil their obligations to achieve the savings required under Article 7(1) by way of alternative policy measures they shall ensure that the energy savings required under Article 7(1) are fully achieved among final customers.
Amendment 68
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7b – paragraph 1 a (new)
1a.  Furthermore, all opportunities to increase energy efficiency, including from higher performing fuel used in transport shall be eligible towards the cumulative end-use energy savings requirement set out in Article 7(1).
Amendment 69
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7b – paragraph 2
2.  In designing alternative policy measures to achieve energy savings, Member States shall take into account the effect on households affected by energy poverty.
2.  In designing alternative policy measures to achieve energy savings, Member States shall take into account the effect on low-income households, including those affected by energy poverty, and ensure measures are implemented as a priority in those households and in social housing.
Member States shall calculate the amount of savings achieved in those households as compared to the total amount of savings achieved in all households under this Article.
Those savings shall be published and included in the integrated national energy and climate progress reports in accordance with Article 21 of Regulation (EU) XX/20XX [Governance of the Energy Union].
Amendment 70
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Directive 2012/27/EU
Article 7 c (new)
(4a)  The following article is inserted:
‘Article 7c
Provision of energy efficiency services
The Commission, in close cooperation with Member States, shall ensure that services on the energy efficiency market are provided in a transparent competitive context in order to enable the final consumer to enjoy the benefits, in terms of lower costs and better quality of service, associated with energy efficiency measures. To that end, Member States shall ensure that businesses, particularly SMEs, have non-discriminatory access to the market in energy efficiency services, thereby enabling them to participate on equal terms with vertically integrated operators and overcoming the positions of competitive advantage established for distributors or sellers of energy. Member States shall accordingly adopt every act necessary to ensure that integrated operators offer third parties the same conditions and means as they employ to provide energy efficiency services.’
Amendment 71
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2012/27/EU
Article 9 – paragraph 1 – subparagraph 1
Member States shall ensure that, in so far as it is technically possible, financially reasonable and proportionate in relation to the potential energy savings, final customers for natural gas 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.;
Member States shall ensure that, in so far as it is technically possible, financially reasonable and proportionate in relation to the potential energy savings, final customers for natural gas are provided, as regards the selected technology and functionality, with competitively priced individual meters and heating controls that accurately reflect the final customer's actual energy consumption and that provide information on actual time of use and others features, as applicable in alignment with the provisions related to electricity metering in Articles 19 to 22 of Directive (EU) .../... [on common rules for the internal market in electricity (recast)].
Amendment 72
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c – point ii a (new)
Directive 2012/27/EU
Article 9 – paragraph 2 – subparagraph 1 a (new)
The smart metering system shall provide final consumers with access to their energy consumption data and time series on the market settlement periods.
Amendment 73
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Directive 2012/27/EU
Article 9 – paragraph 3
(d)  paragraph 3 is deleted;
(d)  paragraph 3 is replaced by the following:
‘3. Concerning data format and functionalities the provisions shall be aligned to Articles 18 to 21 of Directive 2009/72/EC of the European Parliament and of the Council1a as far as appropriate. Consumer data shall be treated in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1b. No costs shall be charged to final customers for access to their data in a format that is useful for them.
__________________
1a.   Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p. 55).
1b Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).’
Amendment 74
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a
Article 9a
Article 9a
Metering, sub-metering and cost allocation for heating and cooling and domestic hot water
Metering, sub-metering and cost allocation for heating and cooling and domestic hot water
1.  Member States shall ensure that final customers for district heating, district cooling and domestic hot water are provided with competitively priced meters that accurately reflect the final customer’s actual energy consumption.
1.  Member States shall ensure that final customers for district heating, district cooling and domestic hot water are provided with competitively priced meters that accurately reflect the final customer’s actual energy consumption.
Where heating and cooling or hot water are supplied to a building from a central source servicing multiple buildings or from district heating and cooling network, a heat or hot water meter shall always be installed at the heat exchanger or point of delivery.
Where heating, cooling or hot water are supplied to a building from a central source servicing multiple buildings or from a district heating or cooling network, a meter shall be installed at the heat exchanger or point of delivery.
2.  In multi-apartment and multi-purpose buildings with a central heating or cooling source or supplied from district heating and cooling systems, individual meters shall be installed to measure the consumption of heat or cooling or hot water for each building unit.
2.  In multi-apartment and multi-purpose buildings with a central heating or cooling source or supplied from district heating and cooling systems, individual meters shall be installed to measure the consumption of heat or cooling or hot water for each building unit, where technically feasible and cost effective in terms of being proportionate in relation to the potential energy savings.
Where the use of individual meters is not technically feasible or where it is not cost-efficient to measure heating or cooling in each building unit, individual heat cost allocators shall be used to measure heat consumption at each radiator unless it is shown by the Member State in question that the installation of such heat cost allocators would not be cost efficient. In those cases, alternative cost-efficient methods of heat consumption measurement may be considered. The conditions of technical non-feasibility and non-cost effectiveness shall be clearly set out and published by each Member State.
Where the use of individual meters is not technically feasible or where it is not cost-efficient to measure heating or cooling in each building unit, individual heat cost allocators shall be used to measure heat consumption at each radiator unless it is shown by the Member State in question that the installation of such heat cost allocators would not be cost efficient. In those cases, alternative cost-efficient methods of heat consumption measurement may be considered. After consulting the Commission, the general criteria, methodologies and/or procedures to determine technical non-feasibility and non-cost effectiveness shall be clearly set out and published by each Member State.
In new buildings of the kind referred to in the first sub-paragraph or when such a building undergoes major renovation, as set out in Directive 2010/31/EU, individual meters shall always be provided.
In new multi-apartment buildings and in the residential part of new multi-purpose buildings, where these have a central heating source for hot water or are supplied from district heating systems, individual meters shall, notwithstanding the first and second subparagraphs, be provided for hot water.
3.  Where multi-apartment and multi-purpose buildings are supplied from district heating or cooling, or where own common heating or cooling systems for such buildings are prevalent, Member States shall introduce transparent rules on the allocation of the cost of heating, cooling and hot water consumption in such buildings to ensure transparency and accuracy of accounting for individual consumption including:
3.  Where multi-apartment and multi-purpose buildings are supplied from district heating or cooling, or where own common heating or cooling systems for such buildings are prevalent, Member States shall introduce transparent rules on the allocation of the cost of heating, cooling and hot water consumption in such buildings to ensure transparency and accuracy of accounting for individual consumption including:
(a)  hot water for domestic needs;
(a)  hot water for domestic needs;
(b)  heat radiated from the building installation and for the purposes of heating the common areas (where staircases and corridors are equipped with radiators);
(b)  heat radiated from the building installation and for the purposes of heating the common areas (where staircases and corridors are equipped with radiators);
(c)  for the purpose of heating or cooling apartments.
(c)  for the purpose of heating or cooling apartments.
4.  For the purposes of this Article, as of 1 January 2020 meters and cost allocators installed shall be remotely readable devices.
4.  For the purposes of this Article, as of 1 January 2020 meters and heat cost allocators newly installed shall be remotely readable devices. The conditions regarding technical feasibility and cost effectiveness set out in the first and second subparagraphs of paragraph 2 shall continue to apply.
Meters and cost allocators that have already been installed but which are not remotely readable shall be provided with this capability or be replaced with remotely readable devices by 1 January 2027, except where the Member State in question shows that this is not cost-efficient.
Meters and heat cost allocators that have already been installed but which are not remotely readable shall be provided with this capability or be replaced with remotely readable devices by 1 January 2027, except where the Member State in question shows that this is not cost-efficient.
Amendment 75
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Directive 2012/27/EU
Article 10 – paragraph 1
1.  Where final customers do not have smart meters as referred to in Directive 2009/73/EC, Member States shall ensure, by 31 December 2014, that billing information is accurate and based on actual consumption, in accordance with point 1.1 of Annex VII, for gas, where this is technically possible and economically justified.
1.  Where final customers do not have smart meters as referred to in Directive 2009/73/EC, Member States shall ensure, by 31 December 2014, that billing information is reliable, accurate and based on actual consumption, in accordance with point 1.1 of Annex VII, for gas, where this is technically possible and economically justified.
Amendment 76
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Directive 2012/27/EU
Article 10 – paragraph 2 – subparagraph 1
Meters installed in accordance with Directive 2009/73/EC shall enable accurate billing information based on actual consumption. Member States shall ensure that final customers have the possibility of easy access to complementary information on historical consumption allowing detailed self-checks.
Meters installed in accordance with Directive 2009/73/EC shall provide accurate billing information based on actual consumption. Member States shall ensure that final customers have the possibility of easy access to complementary information on historical consumption allowing detailed self-checks.
Amendment 77
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2012/27/EU
Article 10a
Article 10a
Article 10a
Billing and consumption information for heating and cooling and domestic hot water
Billing and consumption information for heating and cooling and domestic hot water
1.  Member States shall ensure that billing and consumption information is accurate and based on actual consumption, in accordance with points 1 and 2 of Annex VIIa for all final users where meters or cost allocators are installed.
1.  Member States shall ensure that, where meters or heat cost allocators are installed, billing and consumption information is reliable, accurate and based on actual consumption or heat cost allocator readings, in accordance with points 1 and 2 of Annex VIIa for all final users, namely for natural or legal persons purchasing heating, cooling or hot water for their own end use, or natural or legal persons occupying an individual building or a unit in a multi-apartment or multi-purpose building supplied with heating, cooling or hot water from a central source who has no direct or individual contract with the energy supplier.
This obligation may, except in the case of sub-metered consumption under Article 9a(2), be fulfilled by a system of regular self-reading by the final customer whereby they communicate readings from their meter to the energy supplier. Only in cases where the final customer has not provided a meter reading for a given billing interval shall billing be based on estimated consumption or a flat rate.
This obligation may, where a Member State so provides, and except in the case of sub-metered consumption based on heat cost allocators under Article 9a(2), be fulfilled by a system of regular self-reading by the final customer or final user whereby they communicate readings from their meter. Only in cases where the final customer or final user has not provided a meter reading for a given billing interval shall billing be based on estimated consumption or a flat rate.
2.  Member States:
2.  Member States:
(a)  shall require that, if information on the energy billing and historical consumption of final users is available, it be made available, to an energy service provider designated by the final user;
(a)  shall require that, if information on the energy billing and historical consumption or heat cost allocator readings of final users is available, it be made available upon request by the final user, to an energy service provider designated by the final user;
(b)  shall ensure that final customers are offered the option of electronic billing information and bills and that they receive, on request, a clear and understandable explanation of how their bill was drawn up, especially where bills are not based on actual consumption;
(b)  shall ensure that final customers are offered the option of electronic billing information and bills;
(c)  shall ensure that appropriate information is provided with the bill based on actual consumption to all final users in accordance with point 3 of Annex VII;
(c)  shall ensure that clear and understandable information is provided with the bill to all final users in accordance with point 3 of Annex VIIa;
(d)  may provide that, at the request of the final customer, the provision of billing information shall not be considered to constitute a request for payment. In such cases, Member States shall ensure flexible arrangements for actual payment are offered;
(d)  may provide that, at the request of the final customer, the provision of billing information shall not be considered to constitute a request for payment. In such cases, Member States shall ensure flexible arrangements for actual payment are offered;
(da)  shall promote cybersecurity and ensure the privacy and data protection of final users in compliance with relevant Union law.
2a.  Member States shall decide who is to be responsible for providing the information referred to in paragraphs 1 and 2 to final users that have no direct or individual contract with an energy supplier.
Amendment 78
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a (new)
Directive 2012/27/EU
Article 15 – paragraph 4 – subparagraph 1 a (new)
(-a)  in paragraph 4, the following subparagraph is added:
‘A common methodology shall be established by the Commission after consulting relevant stakeholders, in order to encourage network operators to reduce losses, implement a cost/energy effective infrastructure investment programme and properly account for the energy efficiency and flexibility of the grid. The Commission shall, by ... [12 months after the date of entry into force of this Directive], adopt a delegated act in accordance with Article 23, supplementing this Directive by specifying that methodology.’
Amendment 79
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a – point ii
Directive 2012/27/EU
Article 15 – paragraph 5 – subparagraph 3
Transmission system operators and distribution system operators shall comply with the requirements set out in Annex XII.;
Transmission system operators and distribution system operators shall take into account the need to ensure continuity in heat supply when connecting, guaranteeing access to the grid and dispatching high efficiency cogeneration, and shall comply with the requirements set out in Annex XII.
Amendment 80
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Directive 2012/27/EU
Article 19 a (new)
(11a)  The following article is inserted:
“Article 19a
Financing energy efficiency by European banks
The European Investment Bank (EIB) and the European Bank for Reconstruction and Development (EBRD) shall adapt their policy objectives with a view to recognising energy efficiency as an energy source in its own right and energy efficiency investments as part of their infrastructure investment portfolio.
The EIB and the EBRD shall, together with national promotional banks, design, generate and finance programmes and projects tailored to the efficiency sector, including for energy poor households.
Member States shall make full use of the possibilities and tools proposed by the Smart Finance for Smart Buildings Initiative.”
Amendment 82
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Directive 2012/27/EU
Article 23 – paragraph 3 a (new)
(12a)  In Article 23, the following paragraph is inserted:
“3a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.”
Amendment 83
Proposal for a directive
Article 1 – paragraph 1 – point 12 b (new)
Directive 2012/27/EU
Article 24 – paragraph 4 a (new)
(12b)  In Article 24, the following paragraph is inserted:
“4a. In the context of the State of the Energy Union report, the Commission shall report on the functioning of the carbon market in accordance with Article 29(1) and (2)(c) of Regulation (EU) XX/20XX [Governance of the Energy Union], taking into consideration the effects of the implementation of this Directive.”
Amendment 84
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2012/27/EU
Article 24 – paragraph 12
12.  The Commission shall evaluate this Directive by 28 February 2024 at the latest, and every five years thereafter, and shall submit a report to the European Parliament and the Council. That report shall be accompanied, if appropriate, by proposals for further measures.
12.  The Commission shall evaluate this Directive by 28 February 2024 at the latest, and every five years thereafter, and shall submit a report to the European Parliament and the Council assessing the general effectiveness of the Directive and the need to adjust further the Union’s energy efficiency policy in accordance with the objectives of the Paris Agreement, economic and innovation developments. That report shall be accompanied, if appropriate, by proposals for further measures.
Amendment 85
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Directive 2012/27/EU
Article 24 – paragraph 12 a (new)
(13a)  In Article 24, the following paragraph is added:
“12a. By 31 December 2019, the Commission shall carry out a separate in-depth analysis of the energy efficiency potential relating to:
(a)  the conversion and transformation of energy;
(b)  the transmission and distribution of energy;
(c)  the production and subsequent transportation of energy supplies, namely energy spent in the extraction of fossil fuels and its transport to the place of usage;
(d)  energy storage.
By 31 January 2021, the Commission shall, if appropriate, based on its findings, submit to the European Parliament and the Council, a legislative proposal in this regard.
Amendment 114
Proposal for a directive
Annex I – point 1 – point a
Directive 2012/27/EU
Annex IV – footnote 3
(a)  in Annex IV, footnote 3 is replaced by the following: ‘(3) Applicable when energy savings are calculated in primary energy terms using a bottom-up approach based on final energy consumption. For savings in kWh electricity Member States may apply a default coefficient of 2,0. Member States may apply a different coefficient provided they can justify it.’.
(a)  in Annex IV, footnote 3 is replaced by the following: ‘(3) Applicable for the purpose of this Directive only and when energy savings are calculated in primary energy terms using a bottom-up approach based on final energy consumption. For savings in kWh electricity Member States shall apply a coefficient established through a transparent method comparable across Member States, on the basis of national circumstances affecting primary energy consumption. Those circumstances shall be duly substantiated, measurable and verifiable and based on objective and non-discriminatory criteria. For savings in kWh electricity Member States may apply a default coefficient of 2,3 or a different coefficient provided they can justify it. ’When doing so, Member States shall take into account their energy mix included in their integrated national energy and climate plans to be notified to the Commission in accordance with Article [3] of Regulation (EU) XX/20XX [Governance of the Energy Union]. The default coefficient shall be revised every 5 years based upon actual observed data.
Amendment 87
Proposal for a directive
Annex I – point 1 – point b
Directive 2012/27/EU
Annex V – paragraph 2 – point a
(a)  the savings must be shown to be additional to those that would have occurred in any event without the activity of the obligated, participating or entrusted parties and/or implementing authorities. To determine what savings can be claimed as additional Member States shall establish a baseline that describes how energy consumption would evolve in the absence of the policy measure in question. The baseline shall reflect at least the following factors: energy consumption trends, changes in consumer behaviour, technological progress and changes caused by other measures implemented at national and EU level;
(a)  the savings must be shown to be additional to those that would have occurred in any event without the activity of the obligated, participating or entrusted parties and/or implementing authorities. To determine what savings can be claimed as additional Member States shall establish a baseline that describes how energy consumption would evolve in the absence of the policy measure and the resulting new individual action in question. The baseline shall reflect at least the following factors: energy consumption trends, changes in consumer behaviour, technological progress and changes caused by other measures implemented at national and Union level;
Amendment 88
Proposal for a directive
Annex I – point 1 – point b
Directive 2012/27/EU
Annex V – paragraph 2 – point b
(b)  savings resulting from the implementation of mandatory Union legislation are considered as savings that would have occurred in any event without the activity of the obligated, participating or entrusted parties and/or implementing authorities, and thus may not be claimed under paragraph 1 of Article 7, except for savings related to the renovation of existing buildings provided the materiality criterion referred to in part 3(h) is ensured;
(b)  savings resulting from the implementation of mandatory Union legislation are considered to be savings that would have occurred in any event without the activity of the obligated, participating or entrusted parties and/or implementing authorities, and thus may not be claimed under paragraph 1 of Article 7, except for savings related to measures promoting the renovation of existing buildings provided the materiality criterion referred to in part 3(h) is ensured;
Amendment 89
Proposal for a directive
Annex I – point 1 – point b
Directive 2012/27/EU
Annex V – paragraph 2 – point h
(h)  the calculation of energy savings shall take into account the lifetime of measures. This may be done by counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Alternatively, Member States may adopt another method that is estimated to achieve at least the same total quantity of savings. When using other methods, Member States shall ensure that the total amount of energy savings calculated using these other methods does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Member States shall describe in detail in their Integrated National Energy and Climate plans under the Energy Union Governance the other methods they have used and which provisions have been made to ensure they meet this binding calculation requirement.
(h)  the calculation of energy savings shall take into account the lifetime of measures and the rate at which the savings decline over time. This calculation shall be done by counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Alternatively, Member States may adopt another method that is estimated to achieve at least the same total quantity of savings. When using other methods, Member States shall ensure that the total amount of energy savings calculated using these other methods does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Member States shall describe in detail in their Integrated National Energy and Climate plans under the Energy Union Governance Regulation the other methods they have used and which provisions have been made to ensure they meet this binding calculation requirement.
Amendment 90
Proposal for a directive
Annex I – point 1 – point b
Directive 2012/27/EU
Annex V – paragraph 3 – point d
(d)  the amount of energy savings required or to be achieved by the policy measure is expressed in either final or primary energy consumption, using the conversion factors set out in Annex IV;
(d)  the amount of energy savings required or to be achieved by the policy measure is expressed in final and primary energy consumption, using the conversion factors set out in Annex IV;
Amendment 91
Proposal for a directive
Annex I – point 1 – point b
Directive 2012/27/EU
Annex V – paragraph 3 – subparagraph 2
For policy measures taken pursuant to point (e) of Article 7(2) Member States may use the calculation methodology established under Directive 2010/31/EU as far as this is in line with the requirements of Article 7 of this Directive and this Annex.
deleted
Amendment 92
Proposal for a directive
Annex I – point 2 – point b
Directive 2012/27/EU
Annex VII a
Annex VII a
Annex VII a
Minimum requirements for billing and consumption information based on actual consumption of heating, cooling and hot water
Minimum requirements for billing and consumption information for heating, cooling and hot water
1.  Billing based on actual consumption
1.  Billing based on actual consumption or heat cost allocator readings
In order to enable final users to regulate their own energy consumption, billing shall take place on the basis of actual consumption at least once per year.
In order to enable final users to regulate their own energy consumption, billing shall take place on the basis of actual consumption or heat cost allocator readings at least once per year.
2.  Minimum frequency of billing or consumption information
2.  Minimum frequency of billing or consumption information
As of [Please insert here ….the entry into force] where remotely readable meters or cost allocators have been installed, billing or consumption information based on actual consumption shall be made available at least quarterly upon request or where final customers have opted to receive electronic billing, or else twice yearly.
As of [Please insert here ….the date of transposition] where remotely readable meters or heat cost allocators have been installed, billing or consumption information based on actual consumption or heat cost allocator readings shall be provided to final users at least quarterly upon request or where final customers have opted to receive electronic billing, or else twice yearly.
As of 1 January 2022, where remotely readable meters or cost allocators have been installed, billing or consumption information shall be made available at least monthly. Heating and cooling may be exempted from this outside the heating/cooling seasons.
As of 1 January 2022, where remotely readable meters or heat cost allocators have been installed, billing or consumption information based on actual consumption or heat cost allocator readings shall be provided to all final users at least monthly. It shall also be made available continuously via the internet and shall be updated as frequently as allowed by the measurement devices and systems used. Heating and cooling may be exempted from this outside the heating/cooling seasons.
3.  Minimum information contained in the bill based on actual consumption
3.  Minimum information contained in the bill
Member States shall ensure that the following information is made available to final users in clear and understandable terms in or with their bills:
Member States shall ensure that the following information is accurate and made available to final users in clear and understandable terms in or with their bills where these are based on actual consumption or heat cost allocator readings:
(a)  current actual prices and actual consumption of energy;
(a)  current actual prices and actual consumption of energy or total heat cost and heat cost allocator readings;
(b)  information on the fuel mix used, including for final users supplied by district heating or district cooling;
(b)  information on the fuel mix used and the related greenhouse gas emissions, including for final users supplied by district heating or district cooling, and an explanation of the different taxes, levies and tariffs applied;
(c)  comparisons of the final users current energy consumption with consumption for the same period in the previous year, in graphic form, climate corrected for heating and cooling;
(c)  comparisons of the final users current energy consumption with consumption for the same period in the previous year, in graphic form, climate corrected for heating and cooling;
(d)  contact information for final customers’ organisations, energy agencies or similar bodies, including website addresses, from which information may be obtained on available energy efficiency improvement measures, comparative end-user profiles and objective technical specifications for energy-using equipment.
(d)  contact information for final customers’ organisations, energy agencies or similar bodies, including website addresses, from which information may be obtained on available energy efficiency improvement measures, comparative end-user profiles and objective technical specifications for energy-using equipment.
(da)  information on relevant complaints procedures, ombudsman services or alternative dispute resolution mechanisms;
In addition, Member States shall ensure that comparisons with an average normalised or benchmarked final user in the same user category are made available to final users in clear and understandable terms, in, with or signposted to within, their bills..
(db)  comparisons with an average normalised or benchmarked final user in the same user category.
Bills that are not based on actual consumption or heat cost allocator readings shall contain a clear and understandable explanation of how the amount set out in the bill was calculated, and at least the information referred to in points (d) and (da).
Amendment 93
Proposal for a directive
Annex I – point 2 a (new)
Directive 2012/27/EU
Annex IX – Part 1 – paragraph 4 – point g
2a.  In the fourth paragraph of Part 1 of Annex IX, point g is replaced by the following:
(g)  Economic analysis: Inventory of effects
"(g) Economic analysis: Inventory of effects
The economic analyses shall take into account all relevant economic effects.
The economic analyses shall take into account all relevant economic effects.
Member States may assess and take into account in decision making costs and energy savings from the increased flexibility in energy supply and from a more optimal operation of the electricity networks, including avoided costs and savings from reduced infrastructure investment, in the analysed scenarios.
Member States shall assess and take into account in decision making costs and energy savings from the increased flexibility in energy supply and from a more optimal operation of the electricity networks, including avoided costs and savings from reduced infrastructure investment, in the analysed scenarios.
The costs and benefits taken into account shall include at least the following:
The costs and benefits taken into account shall include at least the following:
(i)  Benefits
(i)  Benefits
—  Value of output to the consumer (heat and electricity)
—  Value of output to the consumer (heat and electricity)
—  External benefits such as environmental and health benefits, to the extent possible
—  External benefits such as environmental, greenhouse gas emissions and health and safety benefits
—  Labour market effects, energy security and competitiveness
(ii)  Costs
(ii)  Costs
—  Capital costs of plants and equipments
—  Capital costs of plants and equipment
—  Capital costs of the associated energy networks
—  Capital costs of the associated energy networks
—  Variable and fixed operating costs
—  Variable and fixed operating costs
—  Energy costs
—  Energy costs
—  Environmental and health cost, to the extent possible
—  Environmental, health and safety costs
—  Labour market costs, energy security and competitiveness”
Amendment 94
Proposal for a directive
Annex – point 2 b (new)
Directive 2012/27/EU
Annex XII – paragraph 1 – point a
(2b)  In the first paragraph of Annex XII, point (a) is replaced by the following:
‘a) set up and make public their standard rules relating to the bearing and sharing of costs of technical adaptations, such as grid connections and grid reinforcements, improved operation of the grid and rules on the non-discriminatory implementation of the grid codes, which are necessary in order to integrate new producers feeding electricity produced from high-efficiency cogeneration into the interconnected grid;
‘a) set up and make public their standard rules relating to the bearing and sharing of costs of technical adaptations, such as grid connections, grid reinforcements and the introduction of new grids, improved operation of the grid and rules on the non-discriminatory implementation of the grid codes, which are necessary in order to integrate new producers feeding electricity produced from high-efficiency cogeneration into the interconnected grid and other diffused sources.’

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0391/2017).


Governance of the Energy Union ***I
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Amendments adopted by the European Parliament on 17 January 2018 on the proposal for a regulation of the European Parliament and of the Council on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013 (COM(2016)0759 – C8-0497/2016 – 2016/0375(COD))(1)
P8_TA(2018)0011A8-0402/2017

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 1
(1)  This Regulation sets out the necessary legislative foundation for a reliable and transparent Governance that ensures the achievement of the objectives and targets of the Energy Union through complementary, coherent and ambitious efforts by the Union and its Member States, while promoting the Union's Better Regulation principles.
(1)  This Regulation sets out the necessary legislative foundation for a reliable, inclusive, cost-efficient, transparent and predictable Governance that ensures the achievement of the 2030 and long-term objectives and targets of the Energy Union in line with the 2015 Paris Agreement on climate change following the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (the “Paris Agreement”), through complementary, coherent, and ambitious efforts by the Union and its Member States, while limiting administrative complexity.
Amendment 3
Proposal for a regulation
Recital 3
(3)  The goal of a resilient Energy Union with an ambitious climate policy at its core is to give Union consumers, both households and businesses, secure, sustainable, competitive and affordable energy, which requires a fundamental transformation of Europe's energy system. That objective can only be achieved through coordinated action, combining both legislative and non-legislative acts at Union and national level.
(3)  The goal of a resilient Energy Union with an ambitious climate policy at its core is to give Union consumers, both households and businesses, secure, sustainable, competitive and affordable energy, and to foster research and innovation by means of attracting investments, which requires a fundamental transformation of Europe's energy system. That objective can only be achieved through coordinated action, combining both legislative and non-legislative acts at Union, macro-regional, regional, national, and local level.
Amendment 4
Proposal for a regulation
Recital 3 a (new)
(3a)  A fully functional and resilient Energy Union would convert the Union into a leading region for innovation, investments, growth and social and economic development, in turn providing a good example of how pursuing high ambitions in terms of climate change mitigation is intertwined with measures to foster innovation, investments and growth.
Amendment 5
Proposal for a regulation
Recital 4
(4)  The Commission's proposal was developed in parallel to and is adopted together with a series of initiatives in sectorial energy policy, notably with regard to renewable energy, energy efficiency and market design. Those initiatives form a package under the overarching theme of energy efficiency first, the Union’s global leadership in renewables, and a fair deal for energy consumers.
(4)  The Commission's proposal was developed in parallel to and is adopted together with a series of initiatives in sectorial energy policy, notably with regard to renewable energy, energy efficiency (including on the energy performance of buildings) and market design. Those initiatives form a package under the overarching theme of energy efficiency first, the Union’s global leadership in renewables, and a fair deal for energy consumers, including by addressing energy poverty and promoting fair competition on the internal market.
Amendment 6
Proposal for a regulation
Recital 5
(5)  The European Council agreed on 24 October 2014 on the 2030 Framework for Energy and Climate for the Union based on four key targets: at least 40% cut in economy wide greenhouse gas ("GHG") emissions, at least 27% improvement in energy efficiency with a view to a level of 30%, at least 27% for the share of renewable energy consumed in the Union, and at least 15% for electricity interconnection. It specified that the target for renewable energy is binding at Union level and that it will be fulfilled through Member States’ contributions guided by the need to deliver collectively the Union target.
(5)  The European Council proposed on 24 October 2014 a 2030 Framework for Energy and Climate for the Union based on four key targets: at least 40% cut in economy wide greenhouse gas ("GHG") emissions, at least 27% improvement in energy efficiency with a view to a level of 30%, at least 27% for the share of renewable energy consumed in the Union, and at least 15% for electricity interconnection. It specified that the target for renewable energy is binding at Union level and that it will be fulfilled through Member States’ contributions guided by the need to deliver collectively the Union target. However, this Regulation reflects the targets agreed upon in the sectoral legislation.
Amendment 7
Proposal for a regulation
Recital 5 a (new)
(5a)  The European Council agreed on 24 October 2014 that the Commission, supported by the Member States, will take urgent measures in order to ensure the achievement of a minimum target of 10 % of existing electricity interconnections, as a matter of urgency, and no later than 2020, at least for Member States which have not yet attained a minimum level of integration in the internal energy market.
Amendment 8
Proposal for a regulation
Recital 6 a (new)
(6a)  The Paris Agreement substantially increased the level of global ambition on climate change mitigation, with signatories to it committing to "holding the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5°C above pre-industrial levels". The Union needs to prepare for much deeper and faster cuts in emissions than previously foreseen. At the same time such reductions are feasible at a lower cost than previously assessed, given the pace of development and deployment of renewable energy technologies.
Amendment 9
Proposal for a regulation
Recital 6 b (new)
(6b)  In line with the aim of the Paris Agreement to achieve a balance between anthropogenic emissions by sources and removals of GHG by sinks in the second half of the 21st century, the Union should aim, on an equitable basis, to reach net-zero emissions domestically by 2050, followed by a period of negative emissions.
Amendment 10
Proposal for a regulation
Recital 6 c (new)
(6c)  For the climate system it is the cumulative total anthropogenic emissions over time that are relevant for the total concentration of greenhouse gases in the atmosphere. In order to be consistent with the commitments of Paris Agreement, it is necessary to analyse the global carbon budget which is consistent with pursuing efforts to limit the temperature increase to 1,5°C above pre-industrial levels, and establish a Union fair share of the remaining global carbon budget for the Union. Long-term climate and energy strategies should be consistent with that carbon budget.
Amendment 11
Proposal for a regulation
Recital 6 d (new)
(6d)  The Union and the Member States should keep the climate and energy targets under regular review and should revise the targets upwards as necessary, to reflect successive reviews carried out within the UNFCCC process and to reflect the latest scientific evidence on the pace and impacts of climate change.
Amendment 12
Proposal for a regulation
Recital 6 e (new)
(6e)  Even though the Union pledged to deliver by far the most ambitious cuts in GHG emissions by 2030, it cannot combat the threat of climate change alone. The Commission and the Member States should use every opportunity to persuade in particular countries profiting from international trade with the Union to assume a proportional share of global responsibility and raise the level of their ambition to the one of the Union.
Amendment 13
Proposal for a regulation
Recital 7
(7)  The European Council also concluded on 24 October 201414 that a reliable and transparent governance system, without any unnecessary administrative burden, should be developed to help ensure that the Union meets its energy policy goals, with the necessary flexibility for Member States and fully respecting their freedom to determine their energy mix. It emphasized that such governance system should build on existing building blocks, such as national climate programmes, national plans for renewable energy and energy efficiency as well as the need to streamline and bring together separate planning and reporting strands. It also agreed to step up the role and rights of consumers, transparency and predictability for investors, inter alia by systematic monitoring of key indicators for an affordable, safe, competitive, secure and sustainable energy system and to facilitate coordination of national energy policies and foster regional cooperation between Member States.
(7)  The European Council also concluded on 24 October 201414 that a reliable and transparent governance system, without any unnecessary administrative burden and with sufficient flexibility for Member States, should be developed to help ensure that the Union meets its energy policy goals, while fully respecting Member States’ freedom to determine their energy mix. It emphasized that such governance system should build on existing building blocks, such as national climate programmes, national plans for renewable energy and energy efficiency as well as the need to streamline and bring together separate planning and reporting strands. It also agreed to step up the role and rights of consumers, transparency and predictability for investors, inter alia by systematic monitoring of key indicators for an affordable, safe, competitive, secure and sustainable energy system and to facilitate coordination of national climate and energy policies and foster regional cooperation between Member States.
__________________
__________________
14 Conclusions of the European Council 23 - 24 October 2014 (EUCO 169/14).
14 Conclusions of the European Council 23 - 24 October 2014 (EUCO 169/14).
Amendment 14
Proposal for a regulation
Recital 10
(10)  The Conclusions of the Council of 26 November 201516 recognised that the Governance of the Energy Union will be an essential tool for the efficient and effective construction of the Energy Union and the achievement of its objectives. They underlined that the governance system should be based on the principles of integration of strategic planning and reporting on the implementation of climate and energy policies and coordination between actors responsible for energy and climate policy, at Union, regional and national level. They also underlined that the Governance should ensure that the agreed energy and climate targets for 2030 are met; and that the Governance would monitor the Union’s collective progress towards the achievement of the policy objectives across the five dimensions of the Energy Union.
(10)  The Conclusions of the Council of 26 November 201516 recognised that the Governance of the Energy Union will be an essential tool for the efficient and effective construction of the Energy Union and the achievement of its objectives. They underlined that the governance system should be based on the principles of integration of strategic planning and reporting on the implementation of climate and energy policies and coordination between actors responsible for energy and climate policy, at Union, regional and national level. They also underlined that the Governance should ensure that the agreed energy and climate targets for 2030 are met; and that the Governance would monitor each Member State’s and the Union’s collective progress towards the achievement of targets and objectives across the five dimensions of the Energy Union.
__________________
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16 Conclusions of the Council of 26 November 2015 (14632/15).
16 Conclusions of the Council of 26 November 2015 (14632/15).
Amendment 15
Proposal for a regulation
Recital 12
(12)  Therefore, the main objective of the Energy Union Governance should be to enable the achievement of the objectives of the Energy Union and in particular the targets of the 2030 Framework for Climate and Energy. This Regulation is therefore linked to sectorial legislation implementing the 2030 targets for energy and climate. While Member States need flexibility to choose policies that are best-matched to their national energy mix and preferences, that flexibility should be compatible with further market integration, increased competition, the attainment of climate and energy objectives and the gradual shift towards a low-carbon economy.
(12)  Therefore, the main objective of the Energy Union Governance should be to enable the achievement of the objectives of the Energy Union and in particular the targets of the 2030 Framework for Climate and Energy, in the field of GHG emissions reduction, renewable energy sources and energy efficiency. This Regulation is therefore linked to sectorial legislation implementing the 2030 targets for energy and climate. While Member States need flexibility to choose policies that are best-matched to their national energy mix and preferences, that flexibility should be compatible with further market integration, increased competition, the attainment of climate and energy objectives and the gradual shift towards a sustainable low-carbon economy based on a highly energy-efficient, renewables-based energy system. A mandatory template for the long-term climate and energy strategies should be introduced to ensure their quality and comparability.
Amendment 16
Proposal for a regulation
Recital 13
(13)  The transition to a low-carbon economy requires changes in investment behaviour and incentives across the entire policy spectrum. Achieving greenhouse gas emission reductions requires a boost to efficiency and innovation in the European economy and in particular should also lead to improvements of air quality.
(13)  The socially acceptable transition to a sustainable, low-carbon economy requires substantial changes in investment behaviour, particularly regarding public and private investment, and incentives across the entire policy spectrum as well as regional market reform. Achieving greenhouse gas emission reductions requires a boost to efficiency and innovation in the European economy and in particular should also create sustainable jobs and lead to improvements of air quality.
Amendment 17
Proposal for a regulation
Recital 13 a (new)
(13a)  The Union and the Member States should undertake concrete actions by which to ban energy subsidies, at least for fossil fuels, in order to comply with the international commitments of the G-7 and the G-20 and in the Paris Agreement.
Amendment 18
Proposal for a regulation
Recital 14
(14)  As greenhouse gases and air pollutants largely derive from common sources, policy designed to reduce GHGs can have co-benefits for air quality that could offset some or all of the near-term costs of GHG mitigation. As data reported under Directive 2001/81/EC of the European Parliament and the Council18 represent an important input for the compilation of the GHG inventory and the national plans, the importance of compilation and reporting of consistent data between Directive 2001/81/EC and the GHG inventory should be recognised.
(14)  As greenhouse gases and air pollutants largely derive from common sources, policy designed to reduce GHGs can have co-benefits for public health and air quality, in particular in urban areas, that could offset the near-term costs of GHG mitigation. As data reported under Directive 2001/81/EC of the European Parliament and the Council18 represent an important input for the compilation of the GHG inventory and the national plans, the importance of compilation and reporting of consistent data between Directive 2001/81/EC and the GHG inventory should be recognised.
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18 Directive 2001/81/EC of the European Parliament and the Council on National Emission Ceilings for certain pollutants (OJ L 309, 27.11.2001, p. 22).
18 Directive 2001/81/EC of the European Parliament and the Council on National Emission Ceilings for certain pollutants (OJ L 309, 27.11.2001, p. 22).
Amendment 19
Proposal for a regulation
Recital 16
(16)  In line with the Commission's strong commitment to Better Regulation, the Energy Union Governance should result in a significant reduction of administrative burden for the Member States, the Commission and other Union Institutions and it should help to ensure coherence and adequacy of policies and measures at Union and national level with regard to the transformation of the energy system towards a low-carbon economy.
(16)  In line with the Commission's strong commitment to Better Regulation and consistent with a policy for research, innovation and investments, the Energy Union Governance should result in a significant reduction of administrative complexity for the Member States and relevant stakeholders, the Commission and other Union Institutions and it should help to ensure coherence and adequacy of policies and measures at Union, macro-regional, regional, national, and local level with regard to the transformation of the energy system towards a sustainable low-carbon economy
Amendment 20
Proposal for a regulation
Recital 17
(17)  The achievement of the Energy Union objectives should be ensured through a combination of Union initiatives and coherent national policies set out in integrated national energy and climate plans. Sectorial Union legislation in the energy and climate fields sets out planning requirements, which have been useful tools to drive change at the national level. Their introduction at different moments in time has led to overlaps and insufficient consideration of synergies and interactions between policy areas. Current separate planning, reporting and monitoring in the climate and energy fields should therefore as far as possible be streamlined and integrated.
(17)  The achievement of the Energy Union targets and objectives should be ensured through a combination of Union initiatives and coherent national policies set out in integrated national energy and climate plans. Sectorial Union legislation in the energy and climate fields sets out planning requirements, which have been useful tools to drive change at the national level. Their introduction at different moments in time has led to overlaps and insufficient consideration of synergies and interactions between policy areas, to the detriment of cost-efficiency. Current separate planning, reporting and monitoring in the climate and energy fields should, where relevant, be streamlined and integrated.
Amendment 21
Proposal for a regulation
Recital 17 a (new)
(17a)  An assessment of the interactions between existing and planned policies and measures to achieve decarbonisation is necessary and Member States should produce a quantitative or qualitative evaluation.
Amendment 22
Proposal for a regulation
Recital 17 b (new)
(17b)  Member States should ensure policy coherence between their national energy and climate plans and their long-term low emission strategies with the UN 2030 Agenda for Sustainable Development.
Amendment 23
Proposal for a regulation
Recital 18
(18)  The integrated national energy and climate plans should cover ten-year periods and provide an overview of the current energy system and policy situation. They should set out national objectives for each of the five key dimensions of the Energy Union and corresponding policies and measures to meet those objectives and have an analytical basis. The national plans covering the first period from 2021 to 2030 should pay particular attention to the 2030 targets for greenhouse gas emission reductions, renewable energy, energy efficiency and electricity interconnection. Member States should aim to ensure that the national plans are consistent with and contribute to achieving the Sustainable Development Goals.
(18)  The integrated national energy and climate plans should cover ten-year periods and provide an overview of the current energy system and policy situation. They should set out national targets or objectives for each of the five key dimensions of the Energy Union and corresponding policies and measures to meet those objectives and have an analytical basis. The national plans covering the first period from 2021 to 2030 should pay particular attention to the 2030 targets for greenhouse gas emission reductions, renewable energy, energy efficiency and electricity interconnection. Member States should aim to ensure that the national plans are consistent with and contribute to achieving the Sustainable Development Goals.
Amendment 24
Proposal for a regulation
Recital 18 a (new)
(18a)  When preparing their integrated national energy and climate plan, Member States should assess the number of households in energy poverty, taking into account the necessary domestic energy services needed to guarantee basic standards of living in the relevant national context, which they may not be able to afford due to a combination of low income, high energy expenditure and poor energy efficiency of their households. Member States should outline existing and planned policies and measures addressing energy poverty and, where necessary, include a national objective to reduce the number of households in energy poverty. The Commission should adopt a common methodology for Member States to define energy poverty and each Member State should define households in energy poverty in accordance with their specific national circumstances.
Amendment 25
Proposal for a regulation
Recital 18 b (new)
(18b)  Member States should ensure that Union funding from the 2014 to 2020 multiannual financial framework is included in their integrated national energy and climate plans. National allocations from the post-2020 multiannual financial framework should actively contribute to the achievement of Energy Union targets and objectives, in particular in the sectors of greenhouse gas emission reductions including removals by sinks, renewable energy and energy efficiency. To that end, the programming process at national and local level for the post-2020 multiannual financial framework should take place in combination with a Commission assessment of integrated national energy and climate plans to reflect a high ambition, in particular in the light of the long-term objectives of the Paris Agreement and the Sustainable Development Goals.
Amendment 26
Proposal for a regulation
Recital 19 a (new)
(19a)  Member States should establish a permanent multi-level energy dialogue platform gathering local authorities, civil society organisations, business community, investors and other relevant stakeholders to discuss the different options envisaged for energy and climate policies. Integrated national energy and climate plans as well as long-term climate and energy strategies should be discussed within the framework of that platform.
Amendment 27
Proposal for a regulation
Recital 20
(20)  The implementation of policies and measures in the areas of the energy and climate has an impact on the environment. Member States should therefore ensure that the public is given early and effective opportunities to participate in and to be consulted on the preparation of the integrated national energy and climate plans in accordance, where applicable, with the provisions of Directive 2001/42/EC of the European Parliament and of the Council24 and the United Nations Economic Commission for Europe ("UNECE") Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (the "Aarhus convention"). Member States should also ensure involvement of social partners in the preparation of the integrated national energy and climate plans.
(20)  The implementation of policies and measures in the areas of the energy and climate has an impact on the environment. Member States should therefore ensure that the public is given early and effective opportunities to participate actively in and to be consulted on the preparation of the integrated national energy and climate plans and long-term climate and energy strategies in accordance, where applicable, with the provisions of Directive 2001/42/EC of the European Parliament and of the Council24 and the United Nations Economic Commission for Europe ("UNECE") Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (the "Aarhus convention"). Member States should also ensure involvement of the social partners, local authorities and all relevant stakeholders from early stages of the planning and reporting processes and in the preparation of the integrated national energy and climate plans and long-term strategies.
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24 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
24 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
Amendment 28
Proposal for a regulation
Recital 21
(21)  Regional cooperation is key to ensure an effective achievement of the objectives of the Energy Union. Member States should get the opportunity to comment on other Member States' plans before they are finalised to avoid inconsistencies and potential negative impacts on other Member States and ensure that common objectives are met collectively. Regional cooperation in elaborating and finalising national plans as well as in the subsequent implementation of national plans should be essential to improve effectiveness and efficiency of measures and foster market integration and energy security.
(21)  Macro-regional and regional cooperation are necessary for Member States to implement, jointly, certain policies and measures contributing to the achievement of common targets and objectives in a cost-optimal manner. The Commission should facilitate such cooperation between the Member States. Member States should also get the opportunity to comment on other Member States' plans before they are finalised to avoid inconsistencies and potential negative impacts on other Member States and ensure that common objectives are met collectively. Macro-regional and regional cooperation in elaborating and finalising national plans as well as in the subsequent implementation of national plans should be essential to improve effectiveness and efficiency of measures and foster market integration and energy security.
Amendment 30
Proposal for a regulation
Recital 22
(22)  National plans should be stable to ensure transparency and predictability of national policies and measures in order to ensure investor certainty. Updates of national plans should however be foreseen once during the ten-year period covered to give Member States the opportunity to adapt to significant changing circumstances. For the plans covering the period from 2021 to 2030, Member States should be able to update their plans by 1 January 2024. Targets, objectives and contributions should only be modified to reflect an increased overall ambition in particular as regards the 2030 targets for energy and climate. As part of the updates, Member States should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting.
(22)  National plans should be stable to ensure transparency and predictability of national policies and measures in order to ensure investment certainty. The regular submission of national plans over ten-year rolling periods give Member States the opportunity to adapt to significant changing circumstances. Targets and objectives should only be modified to reflect an increased overall ambition in particular as regards the targets for energy and climate. As part of those plans, Member States should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting.
Amendment 31
Proposal for a regulation
Recital 23
(23)  Stable long-term low emission strategies are crucial to contribute towards economic transformation, jobs, growth and the achievement of broader sustainable development goals, as well as to move in a fair and cost-effective manner towards the long-term goal set by the Paris Agreement. Furthermore, Parties to the Paris Agreement are invited to communicate, by 2020, their mid-century, long-term low greenhouse gas emission development strategies.
(23)  Stable long-term climate and energy strategies are crucial to contribute towards economic transformation, jobs, growth and the achievement of broader sustainable development goals, as well as to move in a fair and cost-effective manner towards the long-term goal set by the Paris Agreement. Furthermore, Parties to the Paris Agreement are invited to communicate, by 2020, their mid-century, long-term low greenhouse gas emission development strategies.
Amendment 32
Proposal for a regulation
Recital 23 a (new)
(23a)  Member States should develop long-term climate and energy strategies for 2050 and beyond identifying the necessary transformations in different sectors that are necessary to shift to a renewable energy system and achieve the goals of the Paris Agreement. The strategies should be consistent with the Union’s fair share of remaining global carbon budget and should be developed in an open and transparent manner and with the full involvement of relevant stakeholders. The integrated national energy and climate plans should be based on the long-term climate and energy strategies and consistent with them.
Amendment 33
Proposal for a regulation
Recital 23 b (new)
(23b)  The land use, land use change and forestry (LULUCF) sector is highly exposed and very vulnerable to climate change. At the same time, the sector has huge potential to provide for long-term climate benefits and to contribute significantly to the achievement of Union and international long-term climate goals. It can contribute to climate change mitigation in several ways, in particular by reducing emissions, maintaining and enhancing sinks and carbon stocks, and providing bio-materials that can substitute fossil or carbon-intensive materials. In order for measures aiming in particular at increasing carbon sequestration to be effective, the sustainable resource management and long-term stability and adaptability of carbon pools is essential. Long-term strategies are essential to allow for sustainable investments in the long run.
Amendment 34
Proposal for a regulation
Recital 23 c (new)
(23c)  When developing further interconnections, it is important to make a complete assessment of the costs and benefits, including the full technical, socio-economic and environmental impacts, thereof as required by the TEN-E Regulation and take into account the positive externalities of interconnections, such as the integration of renewables, the security of supply and the increased competition in the internal market.
Amendment 35
Proposal for a regulation
Recital 24
(24)  As is the case for planning, sectorial Union legislation in the energy and climate fields sets out reporting requirements, many of which have been useful tools to drive change at the national level, but those requirements have been introduced at different moments in time which has led to overlaps and insufficient consideration of synergies and interactions between policy areas such as GHG mitigation, renewable energy, energy efficiency and market integration. To strike the right balance between the need to ensure a proper follow-up of the implementation of national plans and the need to reduce administrative burden, Member States should establish biennial progress reports on the implementation of the plans and other developments in the energy system. Some reporting however, particularly with regard to reporting requirements in the climate field stemming from the United Nations Framework Convention on Climate Change ("UNFCCC") and Union Regulations, would still be necessary on a yearly basis.
(24)  As is the case for planning, sectorial Union legislation in the energy and climate fields sets out reporting requirements, many of which have been useful tools to drive change at the national level, complementary to market reforms, but those requirements have been introduced at different moments in time which has led to overlaps and cost-inefficiency, as well as insufficient consideration of synergies and interactions between policy areas such as GHG mitigation, renewable energy, energy efficiency and market integration. To strike the right balance between the need to ensure a proper follow-up of the implementation of national plans and the need to reduce administrative complexity, Member States should establish biennial progress reports on the implementation of the plans and other developments in the energy system. Some reporting however, particularly with regard to reporting requirements in the climate field stemming from the United Nations Framework Convention on Climate Change ("UNFCCC") and Union Regulations, would still be necessary on a yearly basis.
Amendment 36
Proposal for a regulation
Recital 25
(25)  Member States' integrated progress reports should mirror the elements set out in the template for the national plans. A template for the integrated progress reports should be detailed in subsequent implementing act(s) given their technical nature and the fact that the first progress reports are due in 2021. The progress reports should be carried out in order to ensure transparency towards the Union, other Member States and market actors including consumers. They should be comprehensive across the five dimensions of the Energy Union and, for the first period, at the same time put emphasis on areas covered by the targets of the 2030 Climate and Energy Framework.
(25)  Member States' integrated progress reports should mirror the elements set out in the template for the national plans. A template for the integrated progress reports should be detailed in subsequent implementing act(s) given their technical nature and the fact that the first progress reports are due in 2021. The progress reports should be carried out in order to ensure transparency towards the Union, other Member States, regional and local authorities, market actors including consumers, any other relevant stakeholders and the general public. They should be comprehensive across the five dimensions of the Energy Union and, for the first period, at the same time put emphasis on areas covered by the targets of the 2030 Climate and Energy Framework.
Amendment 37
Proposal for a regulation
Recital 28
(28)  The experience in the implementation of Regulation (EU) No 525/2013 demonstrated the importance of transparency, accuracy, consistency, completeness and comparability of information. Building on that experience, this Regulation should ensure that Member States report on their policies and measures and projections as a key component of the progress reports. The information in those reports should be essential for demonstrating the timely implementation of commitments under Regulation [ ] [ESR]. Operating and continuously improving systems at Union and Member State level coupled with better guidance on reporting should significantly contribute towards an on-going strengthening of the information necessary in order to track progress in the decarbonisation dimension.
(28)  The experience in the implementation of Regulation (EU) No 525/2013 demonstrated the importance of transparency, accuracy, consistency, completeness and comparability of information. Building on that experience, this Regulation should ensure that Member States use credible and consistent data and assumptions across the five dimensions and make publicly available data used in making scenarios and modelling and report on their policies and measures and projections as a key component of the progress reports. The information in those reports should be essential for demonstrating the timely implementation of commitments under Regulation [ ] [ESR]. Operating and continuously improving systems at Union and Member State level coupled with better guidance on reporting should significantly contribute towards an on-going strengthening of the information necessary in order to track progress in the decarbonisation dimension.
Amendment 38
Proposal for a regulation
Recital 30
(30)  In order to limit administrative burden on Member States and the Commission, the latter should establish an online reporting platform to facilitate communication and promote cooperation. That should ensure timely submission of reports and facilitate improved transparency on national reporting. The e-reporting platform should complement, build on and benefit from existing reporting processes, databases and e-tools, such as those of the European Environment Agency, Eurostat, the Joint Research Centre and the lessons learned from the Union's Eco-Management and Audit Scheme.
(30)  In order to increase transparency in energy and climate policy-making and to limit administrative complexity on Member States and the Commission, the latter should establish a public online platform to facilitate public access to information, communication between the Commission and the Member States as well as cooperation among Member States. That should ensure timely submission of reports and facilitate improved transparency on national reporting. The e-platform platform should complement, build on and benefit from existing reporting processes, databases and e-tools, such as those of the European Environment Agency, Eurostat, the Joint Research Centre and the lessons learned from the Union's Eco-Management and Audit Scheme.
Amendment 39
Proposal for a regulation
Recital 31
(31)  As concerns data to be provided to the Commission by means of national planning and reporting, information from Member States should not duplicate data and statistics which have already been made available via Eurostat in the context of Regulation (EC) No 223/2009 of the European Parliament and of the Council27 in the same form as under the planning and reporting obligations of this Regulation and are still available from Eurostat with the same values. Where available and appropriate in terms of timing, reported data and projections provided in the national energy and climate plans should build on and be consistent with Eurostat data and the methodology used for reporting European statistics in accordance with Regulation (EC) No 223/2009.
(31)  In order to avoid delayed action at Union level, the Commission should use annual GHG, renewables and energy efficiency estimates provided by the European Environment Agency to assess progress towards 2030 targets. As concerns data to be provided to the Commission by means of national planning and reporting, information from Member States should not duplicate data and statistics which have already been made available via Eurostat in the context of Regulation (EC) No 223/2009 of the European Parliament and of the Council27 in the same form as under the planning and reporting obligations of this Regulation and are still available from Eurostat with the same values. Where available and appropriate in terms of timing, reported data and projections provided in the national energy and climate plans should build on and be consistent with Eurostat data and the methodology used for reporting European statistics in accordance with Regulation (EC) No 223/2009.
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27 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
27 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
Amendment 40
Proposal for a regulation
Recital 32
(32)  In view of the collective achievement of the objectives of the Energy Union Strategy, it will be essential for the Commission to assess national plans and, based on progress reports, their implementation. For the first ten-year period, this concerns in particular the achievement of the Union-level 2030 targets for energy and climate and national contributions to those targets. Such assessment should be undertaken on a biennial basis, and on an annual basis only where necessary, and should be consolidated in the Commission's State of the Energy Union reports.
(32)  In view of the collective achievement of the objectives of the five dimensions of the Energy Union Strategy, in particular the creation of a fully functional and resilient Energy Union, it will be essential for the Commission to assess draft national plans as well as the implementation of notified national plans by means of progress reports. This is particularly the case with regard to the Union-level 2030 targets for energy and climate for the first ten-year period. Such assessment should be undertaken on a biennial basis, and on an annual basis where necessary, and should be consolidated in the Commission's State of the Energy Union reports.
Amendment 41
Proposal for a regulation
Recital 33
(33)  Aviation has impacts on the global climate as a result of the release of CO2 as well as of other emissions, including nitrogen oxides emissions, and mechanisms, such as cirrus cloud enhancement. In the light of the rapidly developing scientific understanding of those impacts, an updated assessment of the non-CO2 impacts of aviation on the global climate is already foreseen in Regulation (EU) No 525/2013. The modelling used in this respect should be adapted to scientific progress. Based on its assessments of such impacts, the Commission could consider relevant policy options for addressing them.
(33)  Aviation has impacts on the global climate as a result of the release of CO2 as well as of other emissions, including nitrogen oxides emissions, and mechanisms, such as cirrus cloud enhancement. In the light of the rapidly developing scientific understanding of those impacts, an updated assessment of the non-CO2 impacts of aviation on the global climate is already foreseen in Regulation (EU) No 525/2013. The modelling used in this respect should be adapted to scientific progress. Based on its assessments of such impacts, the Commission should, by 1 March 2020, consider relevant policy options for addressing them and present a legislative proposal, if appropriate.
Amendment 42
Proposal for a regulation
Recital 33 a (new)
(33a)  In accordance with the current UNFCCC greenhouse gas reporting guidelines, the calculation and reporting of methane emissions is based on global warming potentials (GWP) relating to a 100-year time horizon. Given the high GWP and relatively short atmospheric lifetime of methane, leading to a significant impact on the climate in the short and middle term, the Commission should analyse the implications for policies and measures of adopting a 20-year time horizon for methane. Based on its analysis, the Commission should consider relevant policy options for rapidly addressing methane emissions through a Union Methane Strategy, prioritising energy and waste-related methane emissions.
Amendment 43
Proposal for a regulation
Recital 34
(34)  To help ensure coherence between national and Union policies and objectives of the Energy Union, there should be an on-going dialogue between the Commission and the Member States. As appropriate, the Commission should issue recommendations to Member States including on the level of ambition of the draft national plans, on the subsequent implementation of policies and measures of the notified national plans, and on other national policies and measures of relevance for the implementation of the Energy Union. Member States should take utmost account of such recommendations and explain in subsequent progress reports how they have been implemented.
(34)  To help ensure coherence between national and Union policies and objectives of the Energy Union, there should be an on-going dialogue between the Commission and the Member States and, where appropriate, between the Member States. The Commission should issue recommendations to Member States including on the level of ambition of the draft national plans, on the subsequent implementation of policies and measures of the notified national plans, and on other national policies and measures of relevance for the implementation of the Energy Union. Member States should take such recommendations into account and explain in subsequent progress reports how they have been implemented.
Amendment 44
Proposal for a regulation
Recital 35
(35)  Should the ambition of integrated national energy and climate plans or their updates be insufficient for the collective achievement of the Energy Union objectives and, for the first period, in particular the 2030 targets for renewable energy and energy efficiency, the Commission should take measures at Union level in order to ensure the collective achievement of these objectives and targets (thereby closing any 'ambition gap'). Should progress made by the Union towards these objectives and targets be insufficient for their delivery, the Commission should, in addition to issuing recommendations, take measures at Union level or Member States should take additional measures in order to ensure achievement of these objectives and targets (thereby closing any 'delivery gap'). Such measures should take into account early ambitious contributions made by Member States to the 2030 targets for renewable energy and energy efficiency when sharing the effort for collective target achievement. In the area of renewable energy, such measures can also include financial contributions by Member States to a financing platform managed by the Commission, which would be used to contribute to renewable energy projects across the Union. Member States' national renewable energy targets for 2020 should serve as baseline shares of renewable energy from 2021 onwards. In the area of energy efficiency, additional measures can in particular aim at improving the energy efficiency of products, buildings and transport.
(35)  Should the ambition and the targets, policies and measures described in the integrated national energy and climate plans be insufficient for the collective achievement of the Energy Union objectives and, for the first period, in particular the 2030 targets for renewable energy and energy efficiency, the Commission should take measures at Union level in order to ensure the collective achievement of these objectives and targets and Member States should review upwards their national targets in the field of renewable energy sources by 31 December 2020 (thereby closing any 'ambition gap'). Should progress made by the Union towards these objectives and targets be insufficient for their delivery, the Commission may, in addition to issuing recommendations, take measures at Union level or request additional measures from Member States in order to ensure their achievement (thereby closing any 'delivery gap'). Such measures should take into account early ambitious efforts made by Member States to the 2030 targets for renewable energy and energy efficiency when sharing the effort for collective target achievement. In the area of renewable energy, such measures can also include voluntary financial contributions by Member States to a financing platform managed by the Commission, which would be used to contribute to renewable energy projects across the Union, including those of Energy Union interest. Member States' national renewable energy targets for 2020 should serve as baseline shares of renewable energy from 2021 onwards and should be maintained throughout the period. In the area of energy efficiency, additional measures can in particular aim at improving the energy efficiency of products, buildings and transport.
Amendment 45
Proposal for a regulation
Recital 38
(38)  Member States and the Commission should ensure close cooperation on all matters relating to the implementation of the Energy Union and this Regulation, with close involvement of the European Parliament. The Commission should as appropriate assist Member States in implementing this Regulation, particularly with regard to the establishment of the national plans and associated capacity building.
(38)  Member States and the Commission should ensure close cooperation on all matters relating to the implementation of the Energy Union and this Regulation, with close involvement of the European Parliament. The Commission should assist Member States in implementing this Regulation, particularly with regard to the establishment, implementation and monitoring of the integrated national energy and climate plans and the long-term climate and energy strategy and associated capacity building by mobilising internal resources from the European Environment Agency, the Joint Research Centre, internal modelling capacity and, where appropriate, external expertise.
Amendment 46
Proposal for a regulation
Recital 41 a (new)
(41a)  This Regulation includes provisions related to the treatment of energy efficiency as an infrastructure priority, recognising that it fulfils the definition of infrastructure used by the IMF and other economic institutions, and to make it a crucial element and a priority consideration in future investment decisions on the Union's energy infrastructure1a.
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1a European Parliament report of 2 June 2016 on the implementation of the Energy Efficiency Directive (2012/27/EU)-(2015/2232(INI))
Amendment 47
Proposal for a regulation
Recital 43
(43)  The Commission should be assisted in its tasks under this Regulation by an Energy Union Committee to prepare implementing acts. It should replace and take on the assignments of the Climate Change Committee and other committees as appropriate.
(43)  The Commission should be assisted in its tasks under this Regulation by an Energy and Climate Committee to prepare implementing acts. As regards matters related to the implementation of climate specific provisions, the Commission should be assisted by the Climate Change Committee established under Regulation (EU) No 525/2013.
Amendment 48
Proposal for a regulation
Recital 44 a (new)
(44a)  In preparation for a future review of this Regulation and in the context of the Union cyber security strategy, the Commission should, in close cooperation with the Member States, assess whether it might be necessary to add additional uniform planning and reporting requirements on the Member States' efforts to improve the protection of critical infrastructure of the Union's energy system against any form of cyber threats, in particular in the view of the increasing number of potentially critical cyber attacks during the last decade, in order to guarantee energy security in any circumstances. However, such an improved coordination within the Union should not affect Member States' national security interest by revealing sensitive information.
Amendment 49
Proposal for a regulation
Article 1
Article 1
Article 1
Subject matter and scope
Subject matter and scope
1.  This Regulation establishes a Governance mechanism to:
1.  This Regulation establishes a Governance mechanism to:
(-a)  implement long-term climate and energy strategies and measures designed to fulfil Union greenhouse gas emissions commitments consistent with the Paris Agreement;
(a)  implement strategies and measures designed to meet the objectives and targets of the Energy Union, and for the first ten-year period from 2021 to 2030 in particular the EU's 2030 targets for energy and climate;
(a)  implement strategies and measures designed to meet the objectives and targets of the Energy Union, and for the first ten-year period from 2021 to 2030 in particular the Union’s 2030 targets for energy and climate;
(aa)  structure partnerships and cooperation between Member States at macro-regional and regional level, designed to achieve the targets, objectives and commitments of the Energy Union;
(b)  ensure the timeliness, transparency, accuracy, consistency, comparability and completeness of reporting by the Union and its Member States to the UNFCCC and Paris Agreement secretariat.
(b)  ensure the timeliness, transparency, accuracy, consistency, comparability and completeness of reporting by the Union and its Member States to the UNFCCC and Paris Agreement secretariat;
(ba)  contribute to greater regulatory certainty as well as contribute to greater investor certainty and help take full advantage of opportunities for economic development, investment stimulation, job creation and social cohesion;
(bc)  support a just transition for citizens and regions which could be negatively impacted by the transition to a low-carbon economy.
The governance mechanism shall be based on integrated national energy and climate plans covering ten-year periods starting from 2021 to 2030, corresponding integrated national energy and climate progress reports by the Member States and integrated monitoring arrangements by the European Commission. It shall define a structured, iterative process between the Commission and Member States in view of the finalisation of the national plans and their subsequent implementation, including with regard to regional cooperation, and corresponding Commission action.
The governance mechanism shall be based on integrated national energy and climate plans covering ten-year periods starting from 2021 to 2030, corresponding integrated national energy and climate progress reports by the Member States and integrated monitoring arrangements by the European Commission. It shall define a structured, transparent, iterative process between the Commission and Member States ensuring full participation of the general public and local authorities in view of the finalisation of the national plans and their subsequent implementation, including with regard to macro-regional and regional cooperation, and corresponding Commission action.
2.  This Regulation shall apply to the following five dimensions of the Energy Union:
2.  This Regulation shall apply to the following five dimensions of the Energy Union:
(a)  energy security,
(a)  energy security,
(b)  energy market,
(b)  internal energy market,
(c)  energy efficiency,
(c)  energy efficiency,
(d)  decarbonisation and
(d)  decarbonisation and
(e)  research, innovation and competitiveness.
(e)  research, innovation and competitiveness.
Amendment 50
Proposal for a regulation
Article 2 – paragraph 1
For the purposes of this Regulation, the definitions in [recast of Directive 2009/28/EC as proposed by COM(2016)0767], Directive 2010/31/EU and Directive 2012/27/EU shall apply.
For the purposes of this Regulation, the definitions in [recast of Directive 2009/28/EC as proposed by COM(2016)0767], [recast of Directive 2009/72/EC as proposed by COM(2016)XXXX], Directive 2010/31/EU and Directive 2012/27/EU apply.
Amendment 51
Proposal for a regulation
Article 2 – paragraph 2 – point 3
(3)  'adopted policies and measures' mean policies and measures for which an official government decision has been made by the date of submission of the national plan or progress report and there is a clear commitment to proceed with implementation;
(3)  'adopted policies and measures' mean policies and measures for which an official central or sub-national government decision has been made by the date of submission of the national plan or progress report and there is a clear commitment to proceed with implementation;
Amendment 52
Proposal for a regulation
Article 2 – paragraph 2 – point 9
(9)  'the Union’s 2030 targets for energy and climate' means the Union-wide binding target of at least 40% domestic reduction in economy-wide greenhouse gas emissions as compared to 1990 to be achieved by 2030, the Union-level binding target of at least 27% for the share of renewable energy consumed in the Union in 2030, the Union-level target of at least 27% for improving energy efficiency in 2030, to be reviewed by 2020 having in mind an EU level of 30%, and the 15% electricity interconnection target for 2030 or any subsequent targets in this regard agreed by the European Council or Council and Parliament for the year 2030.
deleted
Amendment 53
Proposal for a regulation
Article 2 – paragraph 2 – point 11 a (new)
(11a)  'early efforts' means early progress of a Member State made, from 2021 onwards, towards its target for renewable energy as referred to in Article 3 of [recast of Renewable Energy Directive] and its target for improving energy efficiency as referred to in Article 1(1) and Article 3(4) of Directive 2012/27/EU;
Amendment 54
Proposal for a regulation
Article 2 – paragraph 2 – points 17 a (new)
(17a)  ‘energy efficiency first’ means the prioritisation, in all energy planning, policy and investment decisions, of measures to make energy demand and energy supply more efficient, by means of cost-optimal energy end-use savings, demand-side response initiatives and more efficient conversion, transmission and distribution of energy;
Amendment 59
Proposal for a regulation
Article 3
Article 3
Article 3
Integrated national energy and climate plans
Integrated national energy and climate plans
1.  By 1 January 2019 and every ten years thereafter, each Member State shall notify to the Commission an integrated national energy and climate plan. The plans shall contain the elements set out in paragraph 2 and Annex I. The first plan shall cover the period from 2021 to 2030. The following plans shall cover the ten-year period immediately following the end of the period covered by the previous plan.
1.  By 1 January 2019 and every ten years thereafter, each Member State shall notify to the Commission an integrated national energy and climate plan. The plans shall contain the elements set out in paragraph 2 and Annex I. The first plan shall cover the period from 2021 to 2030. The following plans shall cover the ten-year period immediately following the end of the period covered by the previous plan..
2.  The integrated national energy and climate plans shall consist of the following main sections:
2.  The integrated national energy and climate plans shall consist of the following main sections:
(a)  an overview of the process followed for establishing the integrated national energy and climate plan consisting of an executive summary, a description of the consultation and involvement of stakeholders and their results, and of regional cooperation with other Member States in preparing the plan;
(a)  an overview of the process followed for establishing the integrated national energy and climate plan consisting of:
(1)   an executive summary,
(2)   a description of the consultation and involvement of local authorities, civil society, business, the social partners and citizens and their results,
(3)  a description of macro-regional and regional cooperation with other Member States in preparing the plan;
(b)  a description of the national objectives, targets and contributions for each of the five dimensions of the Energy Union;
(b)  a description of the national objectives and targets for each of the five dimensions of the Energy Union;
(c)  a description of the policies and measures foreseen to meet the corresponding objectives, targets and contributions set out under point (b);
(c)  a description of the planned policies, measures and investment strategies foreseen to meet the corresponding objectives and targets set out under point (b);
(d)  a description of the current situation of the five dimensions of the Energy Union including with regard to the energy system and greenhouse gas emissions and removals as well as projections with regard to the objectives referred to in point (b) with already existing (implemented and adopted) policies and measures;
(d)  a description of the current situation of the five dimensions of the Energy Union including with regard to the energy system and greenhouse gas emissions and removals as well as projections with regard to the objectives and targets referred to in point (b) with already existing (implemented and adopted) policies and measures and a description of the regulatory and non-regulatory barriers and hurdles to delivering the targets and objectives;
(e)  an assessment of the impacts of the planned policies and measures to meet the objectives referred to in point (b);
(e)  an assessment of the impacts of individual and aggregated planned policies and measures to meet the targets and objectives referred to in Articles 1, 4, 13a and 14 and on environmental, including air quality and nature protection, health, macro-economic, and social impacts;
(ea)   an assessment of the impacts of the planned policies and measures on competitiveness linked to the five dimensions of the Energy Union;
(eb)  an assessment of the potential impacts of climate in the Member State, including direct and indirect impacts, and resilience strategies to manage the climate impacts, such as national adaptation plans;
(ec)  following the development of an investment strategy, an estimation of the public and private investment necessary to implement the planned policies and measures;
(f)  an annex, drawn up in accordance with the requirements and structure laid down in Annex II to this Regulation, setting out the Member State's methodologies and policy measures for achieving the energy savings requirement in accordance with Article 7 to Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)0761] and Annex V thereto.
(f)  an annex, drawn up in accordance with the requirements and structure laid down in Annex II to this Regulation, setting out the Member State's methodologies and policy measures for achieving the energy savings requirement in accordance with Article 7 to Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)0761] and Annex V thereto.
3.  When preparing the national plans referred to in paragraph 1, Member States shall take into account the interlinkages between the five dimensions of the Energy Union and they shall use consistent data and assumptions across the five dimensions where relevant.
3.  When preparing the national plans referred in paragraph 1, Member States shall:
(a)  limit administrative complexity and costs for all relevant stakeholders;
(b)   take into account the interlinkages between the five dimensions of the Energy Union, in particular the energy efficiency first principle;
(c)   use credible and consistent data and assumptions across the five dimensions where relevant and make the data used for modelling exercises publicly available;
(d)  ensure consistency with the objectives set out in Article 1 and with the national long-term climate and energy strategies as provided in Article 14;
(e)  assess the number of households in energy poverty, taking into account the necessary domestic energy services needed to guarantee basic standards of living in the relevant national context, and outline existing and planned policies and measures addressing energy poverty, including social policy measures and other relevant national programmes;
In the event that a Member State has a significant number of households in energy poverty, as supported by the assessment based on verifiable data, using geographical dispersion indicators, it should include in its plan a national indicative objective to reduce energy poverty;
(f)  include provisions to avoid, mitigate or, if the project is of public interest and no alternatives are available, compensate any adverse environmental impacts that become apparent as part of the integrated reporting pursuant to Articles 15 to 22;
(g)  take into consideration the latest country-specific recommendations issued in the context of the European Semester.
3a.  Member State shall ensure that, following their first integrated national energy and climate plans each of their subsequent plans, notified to the Commission in accordance with paragraph 1,, modify their national targets and objectives, as referred to in Article 4, to reflect an increase in ambition as compared to that set out in its previous integrated national energy and climate plan.
3b.  Member States shall make available to the public the plans submitted to the Commission pursuant to this Article.
4.  The Commission is empowered to adopt delegated acts in accordance with Article 36 to amend Annex I in order to adapt it to amendments to the Union Energy and Climate policy framework, energy market developments and new UNFCCC and Paris Agreement requirements.
4.  The Commission is empowered to adopt delegated acts in accordance with Article 36 to amend Annex I in order to adapt it to amendments to the Union Energy and Climate policy framework, energy market developments and new UNFCCC and Paris Agreement requirements.
Amendment 60
Proposal for a regulation
Article 4 – title
National objectives, targets and contributions for each of the five dimensions of the Energy Union
Targets and objectives for each of the five dimensions of the Energy Union
Amendment 61
Proposal for a regulation
Article 4 – paragraph 1
Member States shall set out in their integrated national energy and climate plan the following main objectives, targets and contributions, as specified in Section A.2. of Annex I:
Member States shall set out in their integrated national energy and climate plan the following main objectives and targets, as specified in Section A.2. of Annex I:
Amendment 62
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 1 – point ii a (new)
(iia)  trajectories that the Member State plans to maintain and enhance the carbon removals from sinks consistent with the long-term climate and energy strategies as referred to in Article 14;
Amendment 63
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 1 – point iii
iii.  where applicable, other national objectives and targets consistent with existing long-term low emission strategies;
iii.  other national objectives and targets consistent with the Paris Agreement and the long-term climate and energy strategies;
Amendment 64
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i
i.  with a view to achieving the Union's binding target of at least 27% renewable energy in 2030 as referred to in Article 3 of [recast of Directive 2009/28/EC as proposed by COM(2016)0767], a contribution to this target in terms of the Member State's share of energy from renewable sources in gross final consumption of energy in 2030, with a linear trajectory for that contribution from 2021 onwards;
i.  with a view to achieving the Union's binding target of at least 35 % renewable energy in 2030 as referred to in [Article 3] of [recast of Directive 2009/28/EC as proposed by COM(2016)0767],
Amendment 291
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i a (new)
ia.  the Member State's national target of energy from renewable sources in gross final consumption of energy in 2030 established pursuant to Article 3 and Annex Ia to Directive (EU).../... [recast of Directive 2009/28/EC as proposed by COM(2016)0767], with a progressive trajectory ensuring a regular deployment of renewable energy from 2021 onwards as set out in Annex Ia to this Regulation;
Amendment 292
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i b (new)
ib.  The trajectory referred to in paragraph ia shall:
(i)  start from the share of energy from renewable sources in 2020 as set out in the third column of the table in part A of Annex I to Directive (EU) .../... [recast of Directive 2009/28/EC as proposed by COM(2016)0767]. If a Member State surpasses its binding 2020 national target, its trajectory may start at the level achieved in 2020;
(ii)  consist of a minimum of three reference points calculated as an average of the two or three preceding years as set out in Annex Ia;
(iii)  reach at least its 2030 national target;
Amendment 67
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i c (new)
ic.  The Member State's trajectory referred to in points ia and ib, taken together, shall add up to the Union’s binding linear trajectory and shall reach the Union’s binding target of at least 35 % energy from renewable sources in gross final consumption of energy in 2030;
Amendment 68
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i d (new)
id.  the Member State's trajectories for the overall share of renewable energy in final energy consumption from 2031 onwards shall be consistent with the long-term climate and energy strategies.
Amendments 69 and 287
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point ii
ii.  trajectories for the sectorial share of renewable energy in final energy consumption from 2021 to 2030 in the heating and cooling, electricity, and transport sectors;
ii.  the Member State's indicative trajectories for the sectorial share of renewable energy in final energy consumption from 2021 to 2030 in the heating and cooling, electricity, and transport sectors;
Amendment 70
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point iii
iii.  trajectories by renewable energy technology that the Member State plans to use to achieve the overall and sectorial trajectories for renewable energy from 2021 to 2030 including total expected gross final energy consumption per technology and sector in Mtoe and total planned installed capacity per technology and sector in MW;
iii.  indicative trajectories by renewable energy technology that the Member State plans to use to achieve the overall and sectorial trajectories for renewable energy from 2021 to 2030 including total expected gross final energy consumption per technology and sector in Mtoe, total planned installed capacity per technology and sector including repowering in MW;
Amendment 71
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point iii a (new)
iiia.  the Member State's share of, as well as objectives and trajectories for energy from renewable energy produced by cities, renewable energy communities and self-consumers from 2021 to 2030, including expected gross final energy consumption in Mtoe.
Amendment 73
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 1
(1)  the indicative national energy efficiency contribution to achieving the Union's binding energy efficiency target of 30% in 2030 as referred to in Article 1(1) and Article 3(4) of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)0761], based on either primary or final energy consumption, primary or final energy savings, or energy intensity.
(1)  the binding national energy efficiency target to achieving the Union's binding energy efficiency target of 40% in 2030 as referred to in Article 1(1) and Article 3(4) of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)0761], based on either primary or final energy consumption, primary or final energy savings, or energy intensity, with a linear trajectory for that target from 2021 onwards.
Member States shall express their contribution in terms of absolute level of primary energy consumption and final energy consumption in 2020 and 2030, with a linear trajectory for that contribution from 2021 onwards. They shall explain their underlying methodology and the conversion factors used;
Member States shall express their energy efficiency targets in terms of absolute level of primary energy consumption and final energy consumption in 2020 and 2030. They shall explain their underlying methodology and the conversion factors used in accordance with Annexes IV and V to ... [of the version as amended in accordance with proposal COM(2016)0761];
The trajectory referred to in the first sub-paragraph shall consist of biennial interim targets starting in 2022 and then every two years;
Amendment 74
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 2
(2)  the cumulative amount of energy savings to be achieved over the period 2021-2030 under Article 7 on energy saving obligations of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)0761];
(2)  the cumulative amount of additional energy savings to be achieved over the period 2021-2030 and beyond under Article 7 on energy saving obligations of Directive 2012/27/EU [version as amended by proposal COM(2016)0761];
Amendment 75
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 3
(3)  the objectives for the long-term renovation of the national stock of residential and commercial buildings (both public and private);
(3)  based on an analysis of the existing building stock, the milestones for 2030 and 2040 for the long-term strategies for the renovation of the national stock of residential and non-residential buildings, both public and private, measuring progress towards the 2050 goal in accordance with Article 2a of Directive 2010/31/EU [as amended by proposal COM(2016)0765];
Amendment 76
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 3 a (new)
(3a)  the planned policies and actions as well as progress towards transforming the national building stock into highly energy efficient and decarbonised building stock, including an evidence-based estimate of expected energy savings and wider benefits, to be achieved from 2020 to 2030;
Amendment 77
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 4
(4)  the total floor area to be renovated or equivalent annual energy savings to be achieved from 2020 to 2030 under Article 5 on the exemplary role of public bodies' buildings of Directive 2012/27/EU;
(4)  the total floor area to be renovated and corresponding energy savings achieved through the renovation or equivalent annual energy savings stemming from the alternative approach to be achieved from 2020 to 2030 under Article 5 of Directive 2012/27/EU [as amended by proposal COM(2016)0761];
Amendment 78
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 4 a (new)
(4a)  the identified potential for energy savings in heating and cooling, including the outcome of the comprehensive assessment of the potential for the application of high-efficiency cogeneration and efficient and innovative district heating and cooling;
Amendment 79
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 5
(5)  other national energy efficiency objectives, including long term targets or strategies and sectorial targets in areas such as transport, heating and cooling;
(5)  other national energy efficiency objectives, including long term targets or strategies and sectorial targets in areas such as transport, the manufacturing industry and water and waste water or from sector coupling policies; as well as efficiency in other sectors with high energy efficiency potential throughout the entire flow chain from primary energy to end-users or such as data centres;
Amendment 80
Proposal for a regulation
Article 4 – paragraph 1 – point c – point 1
(1)  national objectives with regard to increasing the diversification of energy sources and supply from third countries;
(1)  national objectives with regard to increasing the diversification of energy sources and supply from third countries, for the purpose of increasing the resilience of macro-regional, regional and national energy systems;
Amendment 81
Proposal for a regulation
Article 4 – paragraph 1 – point c – point 2
(2)  national objectives with regard to reducing energy import dependency from third countries;
(2)  national objectives with regard to reducing energy import dependency from third countries for the purpose of increasing the resilience of macro-regional, national and regional energy systems;
Amendment 82
Proposal for a regulation
Article 4 – paragraph 1 – point c – point 4
(4)  national objectives with regard to deployment of domestic energy sources (notably renewable energy);
(4)  national objectives with regard to increasing the flexibility of the national energy system, in particular by means of deploying energy efficiency measures, domestic and regional renewable energy sources, demand response and storage;
Amendment 83
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 1
(1)  the level of electricity interconnectivity that the Member State aims for in 2030 in consideration of the electricity interconnection target for 2030 of at least 15 %; Member States shall explain the underlying methodology used;
(1)  the level of electricity interconnectivity that the Member State aims for in 2030 in consideration of the indicative electricity interconnection target for 2030 of at least 15%, taking into account the 2020 interconnection target of 10%, national and regional market conditions and potential, all aspects of cost-benefit analyses, the actual level of implementation of PCIs, as well as measures to increase the tradable capacity in existing interconnections; Member States shall explain the underlying methodology used, taking into account the methodology proposed by the Commission;
Amendment 84
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 2
(2)  key national objectives for electricity and gas transmission infrastructure that are necessary for the achievement of objectives and targets under any of the five dimensions of the Energy Union Strategy;
(2)  key national objectives for electricity and gas transmission and distribution infrastructure and its modernisation that are necessary for the achievement of objectives and targets under any of the five dimensions of the Energy Union Strategy. For any planned major infrastructure project, a preliminary assessment of its compatibility with and contributions to the five dimensions of the Energy Union, in particular with regard to security of supply and competition;
Amendment 85
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 3
(3)  national objectives related to other aspects of the internal energy market such as market integration and coupling, including a timeframe for when the objectives should be met;
(3)  national objectives related to other aspects of the internal energy market such as increasing system flexibility, in particular through the removal of obstacles to free price formation, market integration and coupling, smart grids, aggregation, demand response, storage, distributed generation, mechanisms for dispatching, re-dispatching and curtailment, real-time price signals, including a timeframe for when the objectives should be met;
Amendment 86
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 3 a (new)
(3a)  national objectives related to the non-discriminatory participation of renewable energy, demand response and storage, including via aggregation in all energy markets, including a timeframe for when the objectives should be met;
Amendment 87
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 3 b (new)
(3b)  national objectives with regard to ensuring that consumers participate in the energy system and benefit from self-generation and new technologies, including smart meters;
Amendment 88
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 4
(4)  national objectives with regard to ensuring electricity system adequacy as well as flexibility of the energy system with regard to renewable energy production, including a timeframe for when the objectives should be met;
(4)  national objectives with regard to ensuring electricity system adequacy, ensuring that no capacity mechanisms are implemented, or where implemented for the purpose of security of supply are limited to the extent possible including a timeframe for when the objectives should be met;
Amendment 89
Proposal for a regulation
Article 4 – paragraph 1 – point e – point 1
(1)  national objectives and funding targets for public and private research and innovation relating to the Energy Union; if applicable, including a timeframe for when the objectives should be met. Such targets and objectives should be coherent with those set out in the Energy Union Strategy and the SET-Plan;
(1)  national objectives and funding targets for public support for research and innovation relating to the Energy Union and its expected leveraging effect on private research; if applicable, including a timeframe for when the objectives should be met. Such targets and objectives should be coherent with those set out in the Energy Union Strategy and the SET-Plan;
Amendment 90
Proposal for a regulation
Article 4 – paragraph 1 – point e – point 2
(2)  national 2050 objectives for the deployment of low-carbon technologies;
(2)  national 2050 objectives related to the promotion of sustainable technologies;
Amendment 91
Proposal for a regulation
Article 4 – paragraph 1 – point e – point 3
(3)  national objectives with regard to competitiveness.
deleted
Amendment 92
Proposal for a regulation
Article 5 – title
Member States' contribution setting process in the area of renewable energy
Member States' target setting process in the area of renewable energy
Amendment 93
Proposal for a regulation
Article 5 – paragraph 1
1.  When setting their contribution for their share of energy from renewable sources in gross final consumption of energy in 2030 and the last year of the period covered for the subsequent national plans, pursuant to Article 4(a)(2)(i), Member States shall take into account the following:
1.  When setting their target for their share of energy from renewable sources in gross final consumption of energy in 2030 and the last year of the period covered for the subsequent national plans, pursuant to Article 4(a)(2)(i), Member States shall take into account the following:
Amendment 94
Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
(i)  equitable distribution of deployment across the European Union;
(i)  equitable and cost-effective distribution of deployment across the European Union;
Amendment 95
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
(da)  the baseline share of energy from renewable sources in its gross final consumption of energy set out in Article 3(3) of Directive (EU) .../... [recast Directive 2009/28/EC];
Amendment 96
Proposal for a regulation
Article 5 – paragraph 2
2.  Member States shall collectively ensure that the sum of their contributions adds up to at least 27% of energy produced from renewable sources in gross final energy consumption at Union level by 2030.
2.  Member States shall collectively ensure that the sum of their targets adds up to a linear trajectory reaching at least 35 % from renewable energy sources in gross final energy consumption at Union level by 2030.
Amendment 97
Proposal for a regulation
Article 6 – title
Member States' contribution setting process in the area of energy efficiency
Member States' binding target setting process in the area of energy efficiency
Amendment 98
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1.  When setting their indicative national energy efficiency contribution for 2030 and the last year of the period covered for the subsequent national plans pursuant to Article 4(b)(1), Member States shall ensure that:
1.  When setting their binding national energy efficiency target for 2030 and the last year of the period covered for the subsequent national plans pursuant to Article 4(b)(1), Member States shall ensure that:
Amendment 99
Proposal for a regulation
Article 6 – paragraph 1 – point a
(a)  the Union’s 2020 energy consumption is no more than 1 483 Mtoe of primary energy and no more than 1 086 Mtoe of final energy, the Union’s 2030 energy consumption is no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy for the first ten-year period;
(a)  the Union’s 2020 energy consumption is no more than 1 483 Mtoe of primary energy and no more than 1 086 Mtoe of final energy, the Union’s 2030 energy consumption is no more than 1 132 Mtoe of primary energy and no more than 849 Mtoe of final energy for the first ten-year period;
Amendment 100
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
2.  When setting their contribution referred to in paragraph 1 Member States may take into account circumstances affecting primary and final energy consumption, such as:
2.  When setting their target referred to in paragraph 1 Member States may take into account circumstances affecting primary and final energy consumption, such as:
Amendment 101
Proposal for a regulation
Article 7
Article 7
Article 7
National policies and measures for each of the five dimensions of the Energy Union
National policies, measures and investment strategies for each of the five dimensions of the Energy Union
Member States shall describe, in accordance with Annex I, in their integrated national energy and climate plan, the main existing (implemented and adopted) and planned policies and measures to achieve in particular the objectives set out in the national plan, including measures to ensure regional cooperation and appropriate financing at national, regional level.
Member States shall describe, in accordance with Annex I, in their integrated national energy and climate plan, the main existing (implemented and adopted) and planned policies and measures to achieve in particular the objectives set out in the national plan, including measures to ensure regional cooperation and appropriate financing at national, regional and local level, including mobilisation of Union programmes and instruments.
The description of the main existing and planned policies and measures to achieve the objectives set out in the national plans shall be accompanied by a general overview of the investments needed to achieve those objectives.
Member States shall treat energy efficiency as an infrastructure priority. They shall include energy efficiency programs as part of their infrastructure planning and make renovation of buildings a priority investment.
Amendment 102
Proposal for a regulation
Article 8 – paragraph 1
1.  Member States shall describe, in accordance with the structure and format specified in Annex I, the current situation for each of the five dimensions of the Energy Union including of the energy system and greenhouse gas emissions and removals at the time of submission of the national plan or on the basis of the latest available information. Member States shall also set out and describe projections for each of the five dimensions of the Energy Union for the first ten-year period at least until 2040 (including for the year 2030) expected to result from existing (implemented and adopted) policies and measures.
1.  Member States shall describe, in accordance with the structure and format specified in Annex I, the current situation for each of the five dimensions of the Energy Union including of the energy system and greenhouse gas emissions and removals at the time of submission of the national plan or on the basis of the latest available information. Member States shall also set out and describe projections for each of the five dimensions of the Energy Union for the first ten-year period at least until 2030 (including for the year 2030) expected to result from existing (implemented and adopted) policies and measures. Member States shall make available to the public the assumptions, parameters and methodologies used for projections and scenarios.
Amendment 103
Proposal for a regulation
Article 8 – paragraph 2 – point a
(a)  the impacts on the development of the energy system and greenhouse gas emissions and removals for the first ten-year period at least until 2040 (including for the year 2030) under the planned policies and measures including a comparison with the projections based on existing (implemented and adopted) policies and measures referred to in paragraph 1;
(a)  the impacts on the development of the energy system and greenhouse gas emissions and removals for the first ten-year period at least until 2040 (including for the year 2030) under the planned policies and measures including a comparison with the projections based on existing (implemented and adopted) policies and measures referred to in paragraph 1. This should include an assessment of synergies deriving from sectorial coupling, digitalisation and improved market design as well as of the benefits in terms of air quality and security of supply;
Amendment 104
Proposal for a regulation
Article 8 – paragraph 2 – point b
(b)  the macroeconomic, environmental, skills and social impact of the planned policies and measures referred to in Article 7 and further specified in Annex I, for the first ten-year period at least until the year 2030 including a comparison with the projections based on existing (implemented and adopted) policies and measures referred to in paragraph 1;
(b)  the macroeconomic, health, environmental, skills and social impact of individual and aggregated planned policies and measures referred to in Article 7 and further specified in Annex I, for the first ten-year period at least until the year 2030 including a comparison with the projections of existing (implemented and adopted) policies and measures referred to in paragraph 1. The methodology used to assess these impacts shall be made public and the use of cost-benefit analysis shall be encouraged;
Amendment 105
Proposal for a regulation
Article 8 – paragraph 2 – point c
(c)  interactions between existing (implemented and adopted) and planned policies and measures within a policy dimension and between existing (implemented and adopted) and planned policies and measures of different dimensions for the first ten- year period at least until the year 2030. Projections concerning security of supply, infrastructure and market integration shall be linked to robust energy efficiency scenarios.
(c)  interactions between existing (implemented and adopted) and planned policies and measures within a policy dimension and between existing (implemented and adopted) and planned policies and measures of different dimensions for the first ten year period at least until the year 2030. The assessment shall include a quantitative or qualitative evaluation of any documented interactions between national policies and measures, and Union climate and energy policy measures. Projections concerning security of supply, infrastructure and market integration shall be linked to robust energy efficiency scenarios;
Amendment 106
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
(ca)  the way individual and aggregated existing and planned policies and measures will attract private investment alongside public finance necessary to their implementation.
Amendment 107
Proposal for a regulation
Article 9
Article 9
Article 9
Draft integrated national energy and climate plans
Draft integrated national energy and climate plans
1.  By 1 January 2018 and every ten years thereafter Member States shall prepare and submit to the Commission a draft of the integrated national energy and climate plan referred to in Article 3(1).
1.  By 1 June 2018, each Member State shall prepare and submit to the Commission a draft of its first the integrated national energy and climate plan referred to in Article 3(1). Each Member State shall prepare and submit to the Commission a draft of its second plan by 1 January 2023 and drafts of its subsequent plans every five years thereafter.
2.  The Commission may issue recommendations on the draft plans to Member States in accordance with Article 28. Those recommendations shall in particular set out:
2.  The Commission shall assess the draft plans and shall issue country-specific recommendations to Member States in accordance with Article 28 no later than three months before the deadline for submitting the plan, referred to in Article 3(1) in order to:
(a)  the level of ambition of objectives, targets and contributions in view of collectively achieving the Energy Union objectives and notably the Union's 2030 targets for renewable energy and energy efficiency;
(a)  ensure the collective achievement by Member States of the Energy Union objectives and targets of all dimensions of the Energy Union;
(aa)  ensure the achievement by Member States of national targets and objectives;
(b)  policies and measures relating to Member States' and Union level objectives and other policies and measures of potential cross-border relevance;
(b)  improve individual existing and planned policies and measures included in national energy and climate plans including those of potential cross-border relevance;
(ba)  suggest the adoption of additional policies and measures in national energy and climate plans;
(c)  interactions between and consistency of existing (implemented and adopted) and planned policies and measures included in the integrated national energy and climate plan within one dimension and among different dimensions of the Energy Union.
(c)  ensure consistency of existing (implemented and adopted) and planned policies and measures included in the integrated national energy and climate plan within one dimension and among different dimensions of the Energy Union;
(ca)  ensure the consistency of the investment strategies and instruments with the Member States' policies and measures provided for to meet the corresponding targets and objectives.
3.  Member States shall take utmost account of any recommendations from the Commission when finalising their integrated national energy and climate plan.
3.  Member States shall take utmost account of any recommendations from the Commission when finalising their integrated national energy and climate plan. Where the position of the Member State concerned diverges from the Commission's recommendation, that Member State shall provide and make public the reasons for its position.
3a.  Member States shall make available to the public the draft plans referred to in paragraph 1.
Amendment 108
Proposal for a regulation
Article 10 – paragraph 1
Without prejudice to any other Union law requirements, Member States shall ensure that the public is given early and effective opportunities to participate in the preparation of draft plans referred to in Article 9 and attach to the submission of their draft integrated national energy and climate plan to the Commission a summary of the public’s views. In so far as the provisions of Directive 2001/42/EC are applicable, consultations undertaken in accordance with that Directive shall be deemed to satisfy also the obligations to consult the public under this Regulation.
Without prejudice to any other Union law requirements, Member States shall ensure that the public is given early and effective opportunities to participate in the preparation of draft plans referred to in Article 9, of long-term strategies referred to in Article 14, when all options are open and effective public consultation can take place.
Amendment 109
Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a.  Member States shall set reasonable timeframes allowing sufficient time for the public to be informed and to prepare and participate effectively in the different stages of planning process. Member States shall take due account of equal participation and ensure that the public is informed, whether by public notices or other appropriate means, such as electronic media where available, of all practical arrangements related to their participation and that they can access all relevant documents.
Amendment 110
Proposal for a regulation
Article 10 – paragraph 1 b (new)
1b.  Member States shall include in the submission of their draft and final integrated national energy and climate plan and of their long-term strategies to the Commission a summary of the public's views and the way they have been taken into consideration.
Amendment 111
Proposal for a regulation
Article 10 – paragraph 1 c (new)
1c.  In so far as the provisions of Directive 2001/42/EC are applicable, consultations undertaken in accordance with that Directive shall be deemed to satisfy also the obligations to consult the public under this Regulation.
Amendment 112
Proposal for a regulation
Article 10 – paragraph 1 d (new)
1d.  Member States shall limit administrative complexity when implementing this Article.
Amendment 113
Proposal for a regulation
Article 10 a (new)
Article 10a
Multilevel Climate and Energy Dialogue Platform
1.  In a spirit of partnership, Member State shall establish a permanent Multilevel Climate and Energy Dialogue Platform to support active engagement of local authorities, civil society organisations, business community, investors, any other relevant stakeholders and the general public in managing the energy transition.
2.  Member States shall submit to their national Climate and Energy Dialogue Platform different options and scenarios envisaged for their short, medium and long-term energy and climate policies, together with a cost-benefit analysis for each option. Climate and Energy Dialogue Platforms shall be forums for discussion on and elaboration of plans, strategies and reports pursuant to Article 10.
3.  Member States shall ensure that Climate and Energy Dialogue Platforms benefit from adequate human and financial resources and. shall function in a transparent way.
Amendment 114
Proposal for a regulation
Article 11
Article 11
Article 11
Regional cooperation
Macro-regional and regional cooperation
1.  Member States shall cooperate with each other at regional level to effectively meet the targets, objectives and contributions set out in their integrated national energy and climate plan.
1.  Member States shall cooperate with each other at macro-regional and regional level, taking into utmost consideration all existing and potential forms of cooperation to effectively meet the targets and objectives set out in their integrated national energy and climate plan.
2.  Member States shall, well before submitting their draft integrated national energy and climate plan to the Commission pursuant to Article 9(1), identify opportunities for regional cooperation and consult neighbouring Member States and the other Member States expressing an interest. Member States shall set out in their draft integrated national energy and climate plans the results of such regional consultation, including where applicable how comments have been taken into account.
2.  Member States shall, well before submitting their draft integrated national energy and climate plan to the Commission pursuant to Article 9(1), identify opportunities for macro-regional and regional cooperation, taking into consideration existing macro-regional cooperations, in particular the Baltic Energy Market Interconnection Plan (BEMIP), Central and South-Eastern Europe Connectivity (CESEC), Central-West Regional Energy Market (CWREM), the North Seas Countries’ Offshore Grid Initiative (NSCOGI), the Euro-Mediterranean Partnership and consult neighbouring Member States and the other Member States expressing an interest, in accordance with Directive 2011/92/EU and the Espoo Convention. Member States shall set out in their draft integrated national energy and climate plans the results of such regional consultation, including where applicable how comments have been taken into account. When engaging in macro-regional cooperation, Member States shall agree on a governance structure allowing for meeting at ministerial level at least annually.
2a.  The Commission shall, upon the request by two or more Member States, facilitate the joint drafting of parts of their integrated national energy and climate plans, inter alia by means of establishing an enabling framework. When Member States pursue macro-regional or regional cooperation, they shall set out in their draft integrated national energy and climate plans the results and submit them to the Commission. The result of such macro-regional or regional cooperation may replace the equivalent parts of the relevant integrated national energy and climate plan.
2b.  The Commission shall, with a view to promoting market integration and cost-efficient policies, identify opportunities for macro-regional or regional cooperation covering one or several of the five dimensions of the Energy Union and in accordance with this Article, with a long-term vision, based on existing market conditions. Based on such opportunities, the Commission may issue recommendations to Member States pursuant to Article 28 in order to facilitate effective cooperation, partnerships and consultations.
3.  The Commission shall facilitate cooperation and consultation among the Member States on the draft plans submitted to it under Article 9 in view of their finalisation.
3.  The Commission shall facilitate cooperation and consultation among the Member States on the draft plans submitted to it under Article 9 in view of their finalisation.
4.  Member States shall take into consideration the comments received from other Member States pursuant to paragraphs 2 and 3 in their final integrated national energy and climate plan and explain how such comments have been taken into account.
4.  Member States shall take into consideration the comments received from other Member States pursuant to paragraphs 2 and 3 in their final integrated national energy and climate plan and explain how such comments have been taken into account.
5.  For the purposes specified in paragraph 1, Member States shall continue to cooperate at macro-regional level when implementing the policies and measures of their plans.
5.  For the purposes specified in paragraph 1, Member States shall continue to cooperate at macro-regional level when implementing the policies and measures of their plans.
5a.  Member States shall also envisage cooperation with Energy Community signatories and third countries that are members of the European Economic Area.
Amendment 116
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
The Commission shall assess the integrated national energy and climate plans and their updates as notified pursuant to Articles 3 and 13. It shall assess in particular whether:
The Commission shall assess the integrated national energy and climate plans as notified pursuant to Article 3. It shall assess in particular whether:
Amendment 117
Proposal for a regulation
Article 12 – paragraph 1 – point a
(a)  the targets, objectives and contributions are sufficient for the collective achievement of the Energy Union objectives and for the first ten-years period in particular the targets of the Union's 2030 Climate and Energy Framework;
(a)  the targets and objectives are sufficient for the collective achievement of the Energy Union objectives and for the first ten-years period in particular the targets of the Union's 2030 Climate and Energy Framework;
Amendment 118
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
(aa)  the existing policies and those that are provided for and measures and related investment strategies are sufficient for the achievement of the national targets referred to in Article 4;
Amendment 120
Proposal for a regulation
Article 13
Article 13
deleted
Update of the integrated national energy and climate plan
1.  By 1 January 2023, and every 10 years thereafter, Member States shall submit to the Commission a draft update of the latest notified integrated national energy and climate plan referred to in Article 3 or confirm to the Commission that the plan remains valid.
2.  By 1 January 2024, and every 10 years thereafter, Member States shall notify to the Commission an update of the latest notified integrated national energy and climate plan referred to in Article 3, unless they have confirmed that the plan remains valid pursuant to paragraph 1 of this Article.
3.  Member States shall only modify the targets, objectives and contributions set out in the update referred to in paragraph 2 to reflect an increased ambition as compared to the ones set in the latest notified integrated national energy and climate plan.
4.  Member States shall make efforts to mitigate in the updated plan any adverse environmental impacts that become apparent as part of the integrated reporting pursuant to Articles 15 to 22.
5.  Member States shall take into consideration the latest country-specific recommendations issued in the context of the European Semester when preparing the update referred to in paragraph 2.
6.  The procedures laid down in Article 9(2) and Article 11 shall apply to the preparation and assessment of the updated integrated national energy and climate plans.
Amendment 121
Proposal for a regulation
Chapter 3 – title
Long-term low emission strategies
Long-term climate and energy strategies
Amendment 122
Proposal for a regulation
Article 13 a (new)
Article 13a
Consistency with overall climate objective
The Commission shall, by 1 July 2018, report on the remaining global carbon budget that is consistent with pursuing efforts to limit the temperature increase to well below 2°C, in particular 1,5°C, above pre-industrial levels and shall publish an analysis of the Union’s fair share for 2050 and 2100.
Amendment 123
Proposal for a regulation
Article 14
Article 14
Article 14
Long-term low emission strategies
Long-term climate and energy strategies
1.  Member States shall prepare and report to the Commission by 1 January 2020 and every 10 years thereafter their long-term low emission strategies with a 50 years perspective, to contribute to:
1.  Member States and the Commission on behalf of the Union shall adopt, by 1 January 2019 and every five years thereafter, their long-term climate and energy strategies with a 30 years perspective, to contribute to:
(a)  fulfilling the Union’s and the Member States’ commitments under the UNFCCC and the Paris Agreement to reduce anthropogenic greenhouse gas emissions and enhance removals by sinks;
(a)  fulfilling the Union’s and the Member States’ commitments under the UNFCCC and the Paris Agreement to reduce anthropogenic greenhouse gas emissions and enhance removals by sinks in 10-year steps;
(b)  fulfilling the objective of holding the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels;
(b)  fulfilling the objective of holding the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels by limiting the Union's greenhouse gas emissions below its fair share of the remaining global carbon budget;
(c)  achieving long-term greenhouse gas emission reductions and enhancements of removals by sinks in all sectors in line with the Union’s objective, in the context of necessary reductions according to the IPCC by developed countries as a group, to reduce emissions by 80 to 95 % by 2050 compared to 1990 levels in a cost-effective manner.
(c)  achieving long-term greenhouse gas emission reductions and enhancements of removals by sinks in all sectors in line with the Union’s objective, in the context of necessary reductions according to the IPCC to reduce the Union's greenhouse gas emissions in a cost-effective manner and enhance removals by sinks in pursuit of the temperature goals in the Paris Agreement so as to achieve a net-zero greenhouse gas emissions within the Union by 2050 and go into negative emissions soon thereafter;
(ca)  by no later than 2050, achieve a highly energy efficient and renewables-based energy system within the Union.
2.  The long-term low emission strategies shall cover:
2.  The long-term climate and energy strategies shall contain the elements set out in Annex IIa and shall cover:
(a)  total greenhouse gas emissions reductions and enhancements of removals by sinks;
(a)  total greenhouse gas emissions reductions and enhancements of removals by sinks with separate target for enhancing removals by sinks that is consistent with pursuing efforts to limit the temperature increase goals in the Paris Agreement;
(b)  emissions reductions and enhancement of removals in individual sectors including electricity, industry, transport, the buildings sector (residential and tertiary), agriculture and land use, land-use change and forestry (LULUCF);
(b)  with a view to decarbonisation, greenhouse gases’ emissions reductions and enhancement of removals in individual sectors including among others electricity, industry, transport, the heating and cooling and buildings sector (residential and tertiary), agriculture and land use, land-use change and forestry (LULUCF);
(c)  expected progress on transition to a low greenhouse gas emission economy including greenhouse gas intensity, CO2 intensity of gross domestic product and strategies for related research, development and innovation;
(c)  expected progress on transition to a low greenhouse gas emission economy including greenhouse gas intensity, CO2 intensity of gross domestic product and strategies for related long-term investments, research, development and innovation;
(ca)  expected progress on energy transition including energy savings, total share of renewable energy and planned renewable energy installed capacity;
(cb)  expected contribution of deep decarbonisation of the economy on macro-economic development, and social development, and health risks and benefits and the environmental protection;
(d)  links to other national long-term planning.
(d)  links to other national long-term objectives, planning and other policies and measures and investments.
2a.  The Commission is empowered to adopt delegated acts in accordance with Article 36 to amend Annex IIa in order to adapt it to amendments to the Union Energy and Climate policy framework, energy market developments and new UNFCCC and Paris Agreement requirements.
3.  The long-term low emission strategies and the integrated national energy and climate plans referred to in Article 3 should be consistent with each other.
3.  The integrated national energy and climate plans referred to in Article 3 shall be consistent with the long-term climate and energy strategies.
4.  The Member States shall make available to the public forthwith their respective long-term low emission strategies and any updates thereof.
4.  The Member States and the Commission shall develop their strategies openly and transparently, and ensure that the public, the social partners, businesses, investors, civil society and other stakeholders are given early and effective opportunities to participate in the preparation of the long-term climate and energy strategies and make the strategies and any supporting analyses and data public, including through the e-platform as referred to in Article 24.
4a.  The Commission shall support Member States in their preparation of long-term strategies by providing information on the state of the underlying scientific knowledge and technological development relevant to achieving the objectives referred to in Article 1. The Commission shall also provide for opportunities for Member States and other stakeholders to provide additional information and discuss their perspectives, and produce best practices and guidance for Member States to use during the development and implementation phase of their strategies.
4b.  The Commission shall assess whether the national long-term strategies are adequate for the collective achievement of the Union objectives set out in Article 1. The Commission may issue recommendations to Member States to facilitate this end and to assist Member States in their efforts to prepare and implement their long-term strategies.
Amendment 124
Proposal for a regulation
Article 15 – paragraph 2 – point a
(a)  information on the progress accomplished towards reaching the targets, objectives and contributions set out in the integrated national energy and climate plan, and towards implementing the policies and measures necessary to meet them;
(a)  information on the progress accomplished towards reaching the targets and objectives set out in the integrated national energy and climate plan, and towards financing and implementing the policies and measures necessary to meet them;
Amendment 125
Proposal for a regulation
Article 15 – paragraph 2 – point a a (new)
(aa)  the results of the public consultations made in accordance with Article 10;
Amendment 126
Proposal for a regulation
Article 15 – paragraph 2 – point a b (new)
(ab)  information on the progress accomplished supporting active engagement in accordance with Article 10a;
Amendment 127
Proposal for a regulation
Article 15 – paragraph 2 – point a c (new)
(ac)  the information referred to and on the progress accomplished towards reaching the goals, objectives and commitments set out in the long-term energy and climate strategies in Article 14;
Amendment 128
Proposal for a regulation
Article 15 – paragraph 5
5.  Where the Commission has issued recommendations pursuant to Article 27(2) or (3), the Member State concerned shall include in its report referred to in paragraph 1 of this Article information on the policies and measures adopted, or intended to be adopted and implemented, to address those recommendations. Such information shall include a detailed timetable for implementation.
5.  Where the Commission has issued recommendations pursuant to Article 27(2) or (3), the Member State concerned shall include in its report referred to in paragraph 1 of this Article information on the policies and measures adopted, or intended to be adopted and implemented, to address those recommendations. Such information shall include a detailed timetable for implementation. Where the Member State concerned deviates from a recommendation issued, that Member State shall provide and make public a well-substantiated justification, based on reliable data and objective criteria.
Amendment 129
Proposal for a regulation
Article 15 – paragraph 5 a (new)
5a.  Member States shall make available to the public the reports submitted to the Commission pursuant to this Article.
Amendment 130
Proposal for a regulation
Article 18 – paragraph 1 – point a – point 4
(4)   trajectories on bioenergy demand, disaggregated between heat, electricity and transport, and on biomass supply, by feedstock and origin (distinguishing between domestic production and imports). For forest biomass, an assessment of its source and impact on the LULUCF sink;
(4)   trajectories on bioenergy demand, disaggregated between heat, electricity and transport, including the share of biofuels, share of advanced biofuels, share of biofuel produced from crops produced on agricultural land, and on biomass supply, by feedstock and origin (distinguishing between domestic production and imports). For forest biomass, an assessment of its source and impact on the LULUCF sink;
Amendment 131
Proposal for a regulation
Article 18 – paragraph 1 – point a – point 4 a (new)
(4a)  objectives and trajectories for renewable energy produced by regions, cities, energy communities and self-consumers;
Amendment 132
Proposal for a regulation
Article 18 – paragraph 1 – point a – point 5
(5)  if applicable, other national trajectories and objectives including long-term and sectorial ones (such as share of biofuels, share of advanced biofuels, share of biofuel produced from main crops produced on agricultural land, share of electricity produced from biomass without the utilisation of heat, share of renewable energy in district heating, renewable energy use in buildings, renewable energy produced by cities, energy communities and self-consumers);
(5)  if applicable, other national trajectories and objectives including long-term and sectorial ones (such as share of electricity produced from biomass without the utilisation of heat, share of renewable energy in district heating, renewable energy use in buildings, energy recovered from the sludge acquired through the treatment of wastewater;
Amendment 133
Proposal for a regulation
Article 18 – paragraph 1 – point b – point 1
(1)  implemented, adopted and planned policies and measures to achieve the national contribution to the binding Union-level 2030 target for renewable energy as indicated in Article 4(a)(2)(i), including sector- and technology-specific measures, with a specific review of the implementation of measures laid down in Articles 23, 24 and 25 of [recast of Directive 2009/28/EC as proposed by COM(2016)0767];
(1)  implemented, adopted and planned policies and measures to achieve the national targets to meet the binding Union-level 2030 target for renewable energy as indicated in Article 4(a)(2)(i), including sector- and technology-specific measures, with a specific review of the implementation of measures laid down in Articles 23, 24 and 25 of [recast of Directive 2009/28/EC as proposed by COM(2016)0767];
Amendment 134
Proposal for a regulation
Article 18 – paragraph 1 – point b – point 4 a (new)
(4a)  specific measures to assess, make transparent and reduce the need for must-run capacity that can lead to curtailment of renewable energy sources;
Amendment 135
Proposal for a regulation
Article 19 – paragraph 1 – point a – point 1
(1)  the trajectory for primary and final energy consumption from 2020 to 2030 as the national energy savings contribution to achieving the Union-level 2030 target including underlying methodology;
(1)  the trajectory for primary and final energy consumption from 2020 to 2030 as the national energy savings binding targets to achieving the Union-level 2030 target including underlying methodology;
Amendment 136
Proposal for a regulation
Article 19 – paragraph 1 – point a – point 2
(2)  objectives for the long-term renovation of the national stock of both public and private residential and commercial buildings;
(2)  objectives of the long-term strategy for the renovation of the national stock of residential as well as public and private non-residential buildings;
Amendment 137
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 1
(1)  implemented, adopted and planned policies, measures and programmes to achieve the indicative national energy efficiency contribution for 2030 as well as other objectives presented in Article 6, including planned measures and instruments (also of financial nature) to promote the energy performance of buildings, measures to utilise energy efficiency potentials of gas and electricity infrastructure and other measures to promote energy efficiency;
(1)  implemented, adopted and planned policies, measures and programmes to achieve the binding national energy efficiency target for 2030 as well as other objectives presented in Article 6, including planned measures and instruments (also of financial nature) to promote the energy performance of buildings, measures to utilise energy efficiency potentials of gas and electricity infrastructure and other measures to promote energy efficiency;
Amendment 138
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 3
(3)  national energy efficiency obligation scheme and alternative measures pursuant to Article 7a and 7b of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)0761] in accordance with Annex II to this Regulation;
(3)  national energy efficiency obligation scheme and alternative measures pursuant to Article 7a and 7b of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)0761] in accordance with Annex II to this Regulation, including the energy savings achieved through national energy efficiency obligations and/or alternative measures adopted in application Articles 7a and 7b and Article 20(6) of Article 7 of Directive 2012/27/EU [as amended by proposal COM(2016)0761] and the impact on consumer bills and including requirements with a social aim;
Amendment 139
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 4
(4)  long-term strategy for the renovation of the national stock of both public and private residential and commercial buildings, including policies and measures to stimulate cost-effective deep and staged deep renovation;
(4)  long-term strategy for the renovation of the national stock of both public and private residential and non-residential buildings, including policies and measures to guide investment to stimulate cost-effective deep and staged deep renovation taking in particular into account an evidence-based estimate of expected energy savings and wider benefits in accordance with Article 2a of Directive (EU) .../... [EPBD, 2016/0381(COD)];
Amendment 140
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 5 a (new)
(5a)  policies and measures to develop the economic potential of high efficient cogeneration and efficient heating and cooling systems pursuant to Article 14 (2) of Directive (EU) .../... [Directive 2012/27/EU as amended by proposal COM(2016)0761];
Amendment 141
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 5 b (new)
(5b)  If applicable, progress on other implemented, adopted and planned policies, measures and actions resulting from the long-term renovation strategies pursuant to Article 2a of Directive (EU) .../... [EPBD, 2016/0381(COD)], including those targeting the worst performing segments of the national building stock and on access to information and financing.
Amendment 142
Proposal for a regulation
Article 20 – paragraph 1 – point a
(a)  national objectives for the diversification of energy sources and supply countries, storage, demand response;
(a)  national objectives for improved energy efficiency and renewable energy sources and a diversification of supply, supply routes and countries, storage, demand response;
Amendment 143
Proposal for a regulation
Article 20 – paragraph 1 – point b
(b)  national objectives with regard to reducing energy import dependency from third countries;
(b)  national objectives and measures with regard to reducing energy import dependency from third countries and which do not create obstacles to the successful implementation of the Energy Union;
Amendment 144
Proposal for a regulation
Article 20 – paragraph 1 – point c a (new)
(ca)  national objectives with regard to increasing the flexibility of the national energy system, in particular by means of deploying energy efficiency measures, domestic renewable energy sources, demand response and storage;
Amendment 145
Proposal for a regulation
Article 21 – paragraph 1 – point a
(a)  the level of electricity interconnectivity that the Member State aims for in 2030 in relation to the 15% target on electricity interconnection;
(a)  the level of electricity interconnectivity that the Member State aims for in 2030 in relation to the indicative at least 15% target on electricity interconnection;
Amendment 146
Proposal for a regulation
Article 21 – paragraph 1 – point b
(b)  key national objectives for electricity and gas transmission infrastructure that are necessary for the achievement of objectives and targets under any of the five key dimensions of the Energy Union;
(b)  key national objectives for electricity and gas transmission and distribution infrastructure and its modernisation that are necessary for the achievement of objectives and targets under any of the five key dimensions of the Energy Union;
Amendment 147
Proposal for a regulation
Article 21 – paragraph 1 – point d
(d)  national objectives related to other aspects of the internal energy market such as market integration and coupling, if applicable;
(d)  national objectives and measures related to the system flexibility, in particular through the removal of obstacles to free price formation, market integration and coupling, smart grids, aggregation, demand response, storage, distributed generation, mechanisms for dispatching, re-dispatching and curtailment, real-time price signals;
Amendment 148
Proposal for a regulation
Article 21 – paragraph 1 – point e
(e)  national objectives with regards to energy poverty, including the number of households in energy poverty
deleted
Amendment 149
Proposal for a regulation
Article 21 – paragraph 1 – point e a (new)
(ea)  national objectives and measures related to the non-discriminatory participation of renewable energy, demand response and storage, including via aggregation, in all energy markets;
Amendment 150
Proposal for a regulation
Article 21 – paragraph 1 – point e b (new)
(eb)  national objectives and measures with regard to ensuring that consumers participate in the energy system and benefits from self-generation and new technologies, including smart meters;
Amendment 151
Proposal for a regulation
Article 21 – paragraph 1 – point f
(f)  national objectives with regard to ensuring electricity system adequacy, if applicable;
(f)  national objectives with regard to ensuring electricity system adequacy, ensuring that no capacity mechanisms are implemented, or where implemented for the purpose of security of supply are limited to the extent possible;
Amendment 152
Proposal for a regulation
Article 21 – paragraph 1 – point f a (new)
(fa)  national measures to establish or review bidding zones so as to address structural congestion, maximise economic efficiency and cross-border trading and ensure security of supply;
Amendment 153
Proposal for a regulation
Article 21 – paragraph 1 – point g
(g)  implemented, adopted and planned policies and measures to achieve the objectives referred to in points (a) to (f);
(g)  implemented, adopted and planned policies and measures to achieve the objectives referred to in points (a) to (fa);
Amendment 154
Proposal for a regulation
Article 21 a (new)
Article 21a
Integrated Reporting on Energy Poverty
Where applicable, a Member State shall include in the integrated national energy and climate progress report quantitative information on the number of households in energy poverty as well as information on policies and measures addressing energy poverty pursuant to Article 3 (3)(v).
Where the second subparagraph of Article 3(3)(v) applies, the Member State concerned shall include in the integrated national energy and climate progress report information on the implementation of their national indicative objective to reduce the number of households in energy poverty.
The Commission shall share data communicated by Member States pursuant to this Article with the European Energy Poverty Observatory.
Amendment 155
Proposal for a regulation
Article 22 – paragraph 1 – point b
(b)  national objectives for total (public and private) spending in research and innovation relating to clean energy technologies as well as for technology cost and performance development;
(b)  national objectives for total public and, where available, private spending in research and innovation relating to clean energy technologies as well as for technology cost and performance development;
Amendment 156
Proposal for a regulation
Article 22 – paragraph 1 – point d
(d)  national objectives to phase out energy subsidies;
(d)  national objectives to phase out energy subsidies, in particular for fossil fuels;
Amendment 157
Proposal for a regulation
Article 22 – paragraph 1 point g
(g)  financing measures, including Union support and the use of Union funds, in this area at national level, if applicable.
(g)  financing measures, including Union support and the use of Union funds, in this area at national level, if applicable. The use made of any financial contribution by the Commission to funding instruments in which Member States jointly commit national resources shall be published.
Amendment 158
Proposal for a regulation
Article 23 – paragraph 1 – point a
(a)  approximated greenhouse gas inventories for the year X-1;
deleted
Amendment 159
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
(ca)  approximated gross final consumption of energy from renewable sources and their approximated gross, primary and final energy consumption for the year X-1.
Amendment 160
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
For the purposes of point (a) the Commission shall, on the basis of the Member States’ approximated greenhouse gas inventories or, if a Member State has not communicated its approximated inventories by that date, on the basis of its own estimates, annually compile a Union approximated greenhouse gas inventory. The Commission shall make that information available to the public by 30 September every year.
For those purposes the Commission shall, on the basis of the Member States’ approximated greenhouse gas inventories or, if a Member State has not communicated its approximated inventories by that date, on the basis of its own estimates, annually compile a Union approximated greenhouse gas inventory. The Commission shall make that information available to the public by 30 September every year.
Amendment 161
Proposal for a regulation
Article 23 – paragraph 1 a (new)
1a.  By 31 July 2021, and annually thereafter (year X), Member States shall report to the Commission its approximated greenhouse gas inventories for the year X-1;
Amendment 162
Proposal for a regulation
Article 24
Article 24
Article 24
E-reporting platform
E-platform
1.  The Commission shall establish an online reporting platform to facilitate communication between the Commission and Member States and promote cooperation among Member States.
1.  As a means of ensuring cost-efficiency, the Commission shall establish a public online platform to facilitate communication between the Commission and Member States, promote cooperation among Member States and facilitate public access to information.
2.  Member States shall use the online platform for the purposes of submitting to the Commission the reports referred to in this Chapter once the platform becomes operational.
2.  Member States shall use the online platform for the purposes of submitting to the Commission the reports referred to in this Chapter once the platform becomes operational. Member States shall make available these reports to the public.
2a.  The Commission shall use the e-platform to facilitate public online access to the draft and final integrated national energy and climate plans and national long-term climate and energy referred to in Articles 3, 9 and 14.
Amendment 163
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
1.  By 31 October 2021 and every second year thereafter, the Commission shall assess, in particular on the basis of the integrated national energy and climate progress reports, of other information reported under this Regulation, of the indicators and of European statistics where available:
1.  By 31 October 2021 and every second year thereafter the Commission shall assess, in particular on the basis of the integrated national energy and climate progress reports, of other information reported under this Regulation, of data from the European Environment Agency and of the indicators and of European statistics where available:
Amendment 164
Proposal for a regulation
Article 25 – paragraph 1 – point a
(a)  the progress made at Union level towards meeting the objectives of the Energy Union, including for the first ten-year period the Union's 2030 targets for energy and climate, notably in view of avoiding any gaps to the Union's 2030 targets for renewable energy and energy efficiency;
(a)  the progress made at Union level towards meeting the objectives of the Energy Union, including for the first ten-year period the Union's 2030 targets for energy and climate, notably in view of avoiding any gaps to the Union's 2030 targets for renewable energy and energy efficiency and in view of the revised Union climate and energy action as appropriate, as outlined in Article 38;
Amendment 165
Proposal for a regulation
Article 25 – paragraph 1 – point a a (new)
(aa)  the progress made at Union level towards diversifying its energy sources and suppliers, contributing to a fully functioning and resilient Energy Union based on security of supply, solidarity and trust;
Amendment 166
Proposal for a regulation
Article 25 – paragraph 1 – point b
(b)  the progress made by each Member State towards meeting its targets, objectives and contributions and implementing the policies and measures set out in its integrated national energy and climate plan;
(b)  the progress made by each Member State towards meeting its targets and objectives and implementing the policies and measures set out in its integrated national energy and climate plan;
Amendment 167
Proposal for a regulation
Article 25 – paragraph 1 – point c a (new)
(ca)  the overall impact of the policies and measures of integrated national plans on the operation of the Union climate and energy policy measures, with a view to revising the Union nationally determined contribution and increasing ambition in line with Paris Agreement commitments;
Amendment 168
Proposal for a regulation
Article 25 – paragraph 1 – point c b (new)
(cb)  the overall impact of the policies and measures of integrated national plans on the operation of the EU ETS;
Amendment 169
Proposal for a regulation
Article 25 – paragraph 1 – point c c (new)
(cc)  the accuracy of Member State estimates of the effect of national level overlapping policies and measures on the supply-demand balance of the EU ETS, or, in absence of such estimates, conduct its own assessment of the same impact;
Amendment 170
Proposal for a regulation
Article 25 – paragraph 1 a (new)
1a.   The Commission shall announce in advance the indicators that it intends to use to make such assessments.
Amendment 171
Proposal for a regulation
Article 25 – paragraph 2
2.  In the area of renewable energy, as part of its assessment referred to in paragraph 1, the Commission shall assess the progress made in the share of energy from renewable sources in the Union’s gross final consumption on the basis of a linear trajectory starting from 20% in 2020 and reaching at least 27% in 2030 as referred to in Article 4(a)(2)(i).
2.  In the area of renewable energy, as part of its assessment referred to in paragraph 1, the Commission shall assess the progress made in the share of energy from renewable sources in the Union’s gross final consumption on the basis of a binding linear trajectory starting from 20% in 2020 and reaching at least 35% in 2030 as referred to in Article 4(a)(2)(ic).
Amendment 172
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
In the area of energy efficiency, as part of its assessment referred to in paragraph 1, the Commission shall assess progress towards collectively achieving a maximum energy consumption at Union level of 1 321 Mtoe of primary energy consumption and 987 Mtoe of final energy consumption in 2030 as referred to in Article 6(1)(a).
In the area of energy efficiency, as part of its assessment referred to in paragraph 1, the Commission shall assess progress towards collectively achieving a maximum energy consumption at Union level of 1 132 Mtoe of primary energy consumption and 849 Mtoe of final energy consumption in 2030 as referred to in Article 6(1)(a).
Amendment 173
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2 – point a
(a)  consider whether the Union's milestone of no more than 1483 Mtoe of primary energy and no more than 1086 Mtoe of final energy in 2020 is achieved;
(a)  assess whether individual Member States are on track to meet their national binding target and whether the Union's target of no more than 1483 Mtoe of primary energy and no more than 1086 Mtoe of final energy in 2020 is achieved;
Amendment 174
Proposal for a regulation
Article 25 – paragraph 5
5.  By 31 October 2019 and every four years thereafter, the Commission shall assess the implementation of Directive 2009/31/EC.
deleted
Amendments 175 and 307
Proposal for a regulation
Article 26
Article 26
Article 26
Follow-up in case of inconsistencies with overarching Energy Union objectives and targets under the Effort Sharing Regulation
Follow-up in case of inconsistencies with overarching Energy Union objectives and targets under the Effort Sharing Regulation
1.  Based on the assessment pursuant to Article 25, the Commission shall issue recommendations to a Member State pursuant to Article 28 if policy developments in that Member State show inconsistencies with the overarching objectives of the Energy Union.
1.  Based on the assessment pursuant to Article 25, the Commission shall issue recommendations to a Member State pursuant to Article 28 if policy developments in that Member State show inconsistencies with the overarching objectives of the Energy Union and with the Union's long-term greenhouse gas reductions targets.
1a.  A Member State that intends to use the flexibility pursuant to Article 7 of Regulation (EU) .../... [Effort Sharing] shall include in the plan pursuant to Article 3 of this Regulation the level of intended use and the planned policies and measures to exceed the requirements under Article 4 of Regulation (EU) .../... [LULUCF] for the period from 2021 to 2030 to the level necessary.
2.  The Commission may issue opinions on the action plans submitted by Member States according to Article 8(1) of Regulation [ ] [ESR].
2.  The Commission may issue opinions on the action plans submitted by Member States according to Article 7 and Article 8(1) of Regulation [ ] [ESR].
2a.  The Commission may temporarily suspend the possibility of a Member State to transfer annual emission allocations to other Member States.
2b.  Given the high global warming potential and relatively short atmospheric lifetime of methane, the Commission shall analyse the implications for policies and measures of adopting a 20-year time horizon for methane. The Commission shall consider policy options for rapidly addressing methane emissions and come forward with a Union Methane Strategy, taking into account the circular economy objectives as appropriate, with a priority to energy and waste related methane emissions.
2c.   The Commission shall report in 2027 for the period from 2021 to 2025, and in 2032 for the period 2026 to 2030, on the Union’s total emissions and removals of greenhouse gases for each of the land accounting categories referred to in Article 2 under Regulation (EU) .../... [LULUCF], calculated as the total reported emissions and removals for the period minus the value obtained by multiplying by five the Union’s average annual reported emissions and removals in the period 2000 to 2009. On the basis of the findings of the report, the Commission shall, as appropriate, make proposals to ensure the integrity of the Union's overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the Paris Agreement.
Amendment 309
Proposal for a regulation
Article 27 – paragraph -1 (new)
-1.   If, on the basis of the assessment of the draft integrated national energy and climate plans pursuant to Article 9, the Commission concludes that Member States’ targets are insufficient for the collective achievement of the Union’s 2030 binding overall targets for renewable energy sources and energy efficiency, it may request Member States whose targets it deems to be insufficient to increase their level of ambition in order to ensure the relevant level of collective ambition.
Amendment 310
Proposal for a regulation
Article 27 – paragraph -1 a (new)
-1a.   In the area of renewable energy, the Commission shall use the circumstances listed in Article 5(1) as the objective criteria for its assessment referred to in Article 12. Member States with a target below that resulting from applying the formula set out in Annex Ia shall increase their target accordingly.
Amendment 176
Proposal for a regulation
Article 27 – paragraph 1
1.  If, on the basis of its assessment of the integrated national energy and climate plans and their updates pursuant to Article 12, the Commission concludes that the targets, objectives and contributions of the national plans or their updates are insufficient for the collective achievement of the Energy Union objectives and, in particular, for the first ten-years period, for the Union's 2030 targets for renewable energy and energy efficiency, it shall take measures at Union level in order to ensure the collective achievement of those objectives and targets. With regard to renewable energy, such measures shall take into consideration the level of ambition of contributions to the Union's 2030 target by Member States set out in the national plans and their updates.
1.  If, on the basis of its assessment of the integrated national energy and climate plans pursuant to Article 12, the Commission concludes that the targets and objectives of the national plans are insufficient, it shall take measures at Union level in order to ensure the achievement of those objectives and targets.
With regard to renewable energy, without prejudice to other measures, Member States’ national 2030 target shall be revised pursuant to Article 3(2) and Annex Ia to Directive (EU) .../... [RED recast] by 31 December 2020.
Amendment 177
Proposal for a regulation
Article 27 – paragraph 2
2.  If, on the basis of its assessment pursuant to Article 25(1)(b), the Commission concludes that insufficient progress is made by a Member State towards meeting the targets, objectives and contributions or implementing the policies and measures set out in its integrated national climate and energy plan, it shall issue recommendations to the Member State concerned pursuant to Article 28. In issuing such recommendations, the Commission shall take into consideration ambitious early efforts by Member States to contribute to the Union's 2030 target for renewable energy.
2.  If on the basis of its assessment pursuant to Article 25(1)(b), the Commission concludes that insufficient progress is made by a Member State towards meeting their trajectories, targets and objectives or implementing the policies and measures set out its integrated national climate and energy plan, it shall issue recommendations to the Member State concerned pursuant to Article 28.
Amendment 178
Proposal for a regulation
Article 27 – paragraph 3
3.  If, on the basis of its aggregate assessment of Member States' integrated national energy and climate progress reports pursuant to Article 25(1)(a), and supported by other information sources, as appropriate, the Commission concludes that the Union is at risk of not meeting the objectives of the Energy Union and, in particular, for the first ten-years period, the targets of the Union's 2030 Framework for Climate and Energy, it may issue recommendations to all Member States pursuant to Article 28 to mitigate such risk. The Commission shall, as appropriate, take measures at Union level in addition to the recommendations in order to ensure, in particular, the achievement of the Union's 2030 targets for renewable energy and energy efficiency. With regard to renewable energy, such measures shall take into consideration ambitious early efforts by Member States to contribute to the Union's 2030 target.
3.  If, on the basis of its assessment of Member States' integrated national energy and climate progress reports or supported by other information sources, as appropriate, pursuant to Article 25 the Commission concludes that the Union is at risk of not meeting the objectives of the Energy Union and, in particular, for the first ten-years period, the targets of the Union's 2030 Framework for Climate and Energy, it shall issue recommendations to all Member States pursuant to Article 28 to mitigate such risk. In issuing such recommendations, the Commission shall take into consideration the Member State’s level of ambition to the Union's 2030 targets. The Commission shall, as appropriate, take measures at Union level in addition to the recommendations in order to ensure in particular the achievement of the Union's 2030 targets for renewable energy and energy efficiency. Such measures shall take into consideration ambitious early efforts, in particular those from 2021 onwards by Member States to contribute to the Union's 2030 targets, the level of compliance by Member States with their national targets and trajectories as well as any contribution to the financial platform pursuant to paragraph 4(c).
Amendment 179
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 a (new)
In the area of energy efficiency, such additional measures may in particular improve the energy efficiency of:
(a)  products, pursuant to Directives 2009/125/EC and 2010/30/EU;
(b)  buildings, pursuant to Directives 2010/31/EU and 2012/27/EU; and
(c)  transport.
Amendment 180
Proposal for a regulation
Article 27 – paragraph 3 a (new)
3a.  If, on the basis of its assessment pursuant to Article 25(1)(a), the Commission concludes that an infrastructure project is potentially obstructing the development of a resilient Energy Union, the Commission shall issue a preliminary assessment of the project's compatibility with the long-term objectives of the internal energy market, in particular taking into account the long-term objective, and include recommendations to the Member State concerned pursuant to Article 28. Prior to issuing such an assessment, the Commission may consult other Member States.
Amendment 293
Proposal for a regulation
Article 27 – paragraph 4 – introductory part
If, in the area of renewable energy, without prejudice to the measures at Union level set out in paragraph 3, the Commission concludes, based on its assessment pursuant to Article 25(1) and (2) in the year 2023, that the linear Union trajectory referred to in Article 25(2) is not collectively met, Member States shall ensure by the year 2024 that any emerging gap is covered by additional measures, such as:
If, in the area of renewable energy, without prejudice to the measures at Union level set out in paragraph 3, the Commission concludes, based on its assessment pursuant to Article 25(1) and (2), that a Member State is not making sufficient progress to comply with its 2030 national target, in particular by not complying with its reference points in 2022, 2025 and 2027 as set out in Annex Ia, the Member States concerned shall ensure that any emerging gap with its trajectory is covered within one year by additional measures, such as:
Amendment 182
Proposal for a regulation
Article 27 – paragraph 4 – point b a (new)
(ba)   action to promote a higher share of electricity generated by renewable energy based on the criteria in Article 4 of Directive (EU) .../... [recast of Directive 2009/28/EC];
Amendment 183
Proposal for a regulation
Article 27 – paragraph 4 – point c
(c)  making a financial contribution to a financing platform set up at Union level, contributing to renewable energy projects and managed directly or indirectly by the Commission;
(c)  making a voluntary financial contribution to a financing platform set up at Union level contributing to renewable energy projects, in particular those having an Energy Union interest, and managed directly or indirectly by the Commission;
Amendment 184
Proposal for a regulation
Article 27 – paragraph 4 – point c a (new)
(ca)   using cooperation mechanisms set out in Directive (EU) .../... [recast of the RED];
Amendment 185
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Such measures shall take into account the level of ambition of early contributions to the Union's 2030 target for renewable energy by the Member State concerned.
Such measures shall take into account the Member State’s level of compliance with its national target and trajectory for renewable energy.
The Commission shall, as appropriate, take measures at Union level in addition to measures at national level in order to ensure the achievement of the Union’s binding linear trajectory and the Union’s 2030 binding target for renewable energy.
Amendment 186
Proposal for a regulation
Article 27 – paragraph 5
5.  If, in the area of energy efficiency, without prejudice to other measures at Union level pursuant to paragraph 3, the Commission concludes, based on its assessment pursuant to Article 25(1) and (3), in the year 2023 that progress towards collectively achieving the Union’s energy efficiency target mentioned in the first subparagraph of Article 25(3) is insufficient, it shall take measures by the year 2024 in addition to those set out in Directive 2010/31/EU [version as amended in accordance with proposal COM(2016)0765] and Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)0761] to ensure that the Union's binding 2030 energy efficiency targets are met. Such additional measures may in particular improve the energy efficiency of:
5.  If, in the area of energy efficiency, without prejudice to other measures at Union level pursuant to paragraph 3, the Commission concludes, based on its assessment pursuant to Article 25(1) and (3), in the year 2023 and every two years thereafter that a Member State is not making sufficient progress to comply with its 2030 national binding target and trajectory, the Member State concerned shall ensure by the year 2024 and every two years thereafter, respectively, that any emerging gap to its trajectory is covered by additional measures within one year.
(a)  products, pursuant to Directive 2010/30/EU and Directive 2009/125/EC;
(b)  buildings, pursuant to Directive 2010/31/EU [version as amended in accordance with COM(2016)0765] and Directive 2012/27/EU [version as amended in accordance with COM(2016)0761];
(c)  transport.
Amendment 187
Proposal for a regulation
Article 27 – paragraph 5 a (new)
5a.  Each Member State concerned referred to in paragraph 4 or 5 shall detail the additional implemented, adopted and planned measures to cover the gap to comply with its 2030 national targets and trajectories as part of its following progress report referred to in Article 15.
Amendment 188
Proposal for a regulation
Article 28 – paragraph 2 – point b
(b)  the Member State shall set out, in its integrated national energy and climate progress report made in the year following the year the recommendation was issued, how it has taken utmost account of the recommendation and how it has implemented or intends to implement it. It shall provide justifications where it deviates from it;
(b)  the Member State shall set out, in its integrated national energy and climate progress report made in the year following the year the recommendation was issued, how it has taken account of the recommendation and how it has implemented or intends to implement it. It shall provide reasons where it deviates from it.
Amendment 189
Proposal for a regulation
Article 28 – paragraph 2 – point c
(c)  the recommendations should be complementary to the latest country-specific recommendations issued in the context of the European Semester.
(c)  the recommendations should be complementary to the latest country-specific recommendations issued pursuant to Article 9(2) and in the context of the European Semester.
Amendment 190
Proposal for a regulation
Article 28 – paragraph 2 a (new)
2a.  The Commission shall make the recommendations to all the Member States public forthwith.
Amendment 191
Proposal for a regulation
Article 29 – paragraph 2 – point j a (new)
(ja)  an overall assessment of the progress towards the full integration of the energy efficiency first principle and fair treatment for energy consumers;
Amendment 192
Proposal for a regulation
Article 29 – paragraph 2 – point j b (new)
(jb)  a progress report on competitiveness;
Amendment 193
Proposal for a regulation
Article 29 – paragraph 2 – point j c (new)
(jc)  Member States' progress towards phasing out direct and indirect fossil fuel subsidies by 2020;
Amendment 194
Proposal for a regulation
Article 29 – paragraph 2 – point k a (new)
(ka)  a financial assessment of the costs supported by the final consumer of electricity based on indicators monitoring actual spending for the five dimensions of the Energy Union.
Amendment 195
Proposal for a regulation
Article 30 – paragraph 1
1.  By 1 January 2021, Member States shall establish, operate and seek to continuously improve national inventory systems to estimate anthropogenic emissions by sources and removals by sinks of greenhouse gases listed in Part 2 of Annex III to this Regulation and to ensure the timeliness, transparency, accuracy, consistency, comparability and completeness of their greenhouse gas inventories.
1.  By 1 January 2021, Member States shall establish, operate and seek to continuously improve national inventory systems in accordance with UNFCCC requirements to estimate anthropogenic emissions by sources and removals by sinks of greenhouse gases listed in Part 2 of Annex III to this Regulation and to ensure the timeliness, transparency, accuracy, consistency, comparability and completeness of their greenhouse gas inventories.
Amendment 196
Proposal for a regulation
Article 31 – paragraph 1
1.  In 2027 and 2032, the Commission shall carry out a comprehensive review of the national inventory data submitted by Member States pursuant to Article 23(3) of this Regulation with a view to monitoring Member States’ greenhouse gas emission reductions or limitations pursuant to Articles 4, 9 and 10 of Regulation [ ] [ESR] and their reduction of emissions and enhancement of removals by sinks pursuant to Articles 4 and 12 of Regulation [ ] [LULUCF] and any other greenhouse gas emission reduction or limitation targets set out in Union legislation. Member States shall participate fully in that process.
1.  The Commission shall carry out a comprehensive review of the national inventory data submitted by Member States pursuant to Article 23(3) of this Regulation with a view to monitoring Member States’ greenhouse gas emission reductions or limitations pursuant to Articles 4, 9 and 10 of Regulation [ ] [ESR] and their reduction of emissions and enhancement of removals by sinks pursuant to Articles 4 and 12 of Regulation [ ] [LULUCF] and any other greenhouse gas emission reduction or limitation targets set out in Union legislation. Member States shall participate fully in that process.
Amendment 197
Proposal for a regulation
Article 31 – paragraph 6
6.  The data for each Member State as recorded in the registries set up pursuant to Article 11 of Regulation [ ] [ESR] one month following the compliance check date with Regulation [ ] [LULUCF] referred to in paragraph 5 of this Article, shall be used for the compliance check pursuant to Article 9 of Regulation [ ] [ESR] for the years 2021 and 2026. The compliance check pursuant to Article 9 of Regulation [ ] [ESR] for each of the years 2022 to 2025 and 2027 to 2030 shall be performed at a date falling one month following the date of the compliance check for the previous year. This check shall include changes to such data arising as a result of that Member State making use of the flexibilities pursuant to Articles 5, 6 and 7 of Regulation [ ] [ESR].
6.  The data for each Member State as recorded in the registries set up pursuant to Article 11 of Regulation [ ] [ESR] one month following the compliance check date with Regulation [ ] [LULUCF] referred to in paragraph 5 of this Article, shall be used for the compliance check pursuant to Article 9 of Regulation [ ] [ESR]. The compliance check pursuant to Article 9 of Regulation [ ] [ESR] for each of the [years consistent with the compliance cycle referred to in Article 9 of Regulation (EU) .../... [ESR] shall be performed at a date falling one month following the date of the compliance check for the previous year. This check shall include changes to such data arising as a result of that Member State making use of the flexibilities pursuant to Articles 5, 6 and 7 of Regulation [ ] [ESR].
Amendment 198
Proposal for a regulation
Article 31 – paragraph 6 a (new)