REPORT 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)

6.12.2017 - (COM(2016)0767 – C8‑0500/2016 – 2016/0382(COD)) - ***I

Committee on Industry, Research and Energy
Rapporteur: José Blanco López
(Recast – Rule 104 of the Rules of Procedure)

Errata/Addenda

Amendments

Procedure : 2016/0382(COD)

Document stages in plenary

Document selected :

A8-0392/2017

Texts tabled :

A8-0392/2017

Debates :

PV 15/01/2018 - 12
CRE 15/01/2018 - 12
PV 12/11/2018 - 14
CRE 12/11/2018 - 14

Votes :

PV 17/01/2018 - 10.4
CRE 17/01/2018 - 10.4
Explanations of votes
PV 13/11/2018 - 4.5
Explanations of votes

Texts adopted :

P8_TA(2018)0009
P8_TA(2018)0444

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
EXPLANATORY STATEMENT
ANNEX: LIST OF ENTITIES OR PERSONSFROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS
ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
OPINION of the Committee on Development
OPINION of the Committee on the Environment, Public Health and Food Safety
OPINION of the Committee on Agriculture and Rural Development
OPINION of the Committee on Petitions
PROCEDURE – COMMITTEE RESPONSIBLE
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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))

(Ordinary legislative procedure – recast)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2016)0767),

– having regard to Article 294(2) and Article 194(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0500/2016),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of .26 April 2017[1],

– after consulting the Committee of the Regions,

– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts[2],

– having regard to the letter of ...2017 from the Committee on Legal Affairs to the Committee on Industry, Research and Energy in accordance with Rule 104(3) of its Rules of Procedure,

– having regard to Rules 104 and 59 of its Rules of Procedure,

– having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Development, the Committee on the Environment, Public Health and Food Safety, the Committee on Agriculture and Rural Development and the Committee on Petitions (A8-0392/2017),

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1. Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a directive

Citation 1

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 194 and 191(1) thereof,

Amendment 2

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(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, 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)

Text proposed by the Commission

Amendment

(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 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, 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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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%.

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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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

(6a) The ambition set in the Paris Agreement and the technological development, including cost reduction for investments in renewable energy, should therefore be taken in to account.

Amendment 9

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(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.

Amendment 10

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a) Member States renewable energy targets should be set taking into account the obligations under the Paris Agreement on climate change, the high potential that still exists for renewable energy and the necessary investments to realise the energy transition.

Amendment 11

Proposal for a directive

Recital 7 b (new)

Text proposed by the Commission

Amendment

(7b) The translation of the Union 35 % target into individual targets for each Member State, should be done 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

Text proposed by the Commission

Amendment

(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.

Amendment 13

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

(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 power to adopt acts in that respect should be delegated to the Commission to assess the contribution to these 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 lingo-cellulosic biomass.

Justification

Amendment is linked to the sustainability criteria in Art. 26, which is one of the crucial elements of the recast of the Renewable Energy Directive.

Amendment 14

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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.

Amendment 16

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

(16a) In its conclusions on “2030 Climate and Energy Policy Framework” of October 2014, 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)

Text proposed by the Commission

Amendment

(16b) When developing support schemes for renewable sources of energy, Member States should take into account principles of the Circular Economy and the EU waste hierarchy. Waste prevention and recycling of waste should be the priority option. Member States should avoid creating such support schemes, which would be contradictory 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 regulation will not be contradictory to objectives of the Directive 2008/98/EU.

Amendment 19

Proposal for a directive

Recital 16 c (new)

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

(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. Life-Cycle-Approach should be taken into account and promoted in this respect.

Amendment 21

Proposal for a directive

Recital 16 e (new)

Text proposed by the Commission

Amendment

(16 e) Renewable energy communities, cities and local authorities should been entitled to participate in available support schemes on an equal footing with other large participants. For this purpose, Member States should be allowed to take measures, including provision of information, technical and financial support through the single administrative contact points referred to in Article16 of this Directive, 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)

Text proposed by the Commission

Amendment

(16f) The planning of the infrastructure needed for electricity generation from renewable sources should pay due respect to policies related to the participation of those affected by the projects, including any indigenous populations, and paying due respect to their land rights.

Amendment 23

Proposal for a directive

Recital 16 g (new)

Text proposed by the Commission

Amendment

(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 regards to renewable energies and avoid technological lock-in.

Amendment 24

Proposal for a directive

Recital 16 h (new)

Text proposed by the Commission

Amendment

(16 h) When fostering the development of the market for renewable energy resources, the negative impact on other market participants must be taken into account. Support schemes should therefore reduce the risk of market distortion and distortions of competition.

Justification

Biomass, especially forest biomass, is a valuable raw material for the timber industry that boosts the economy of rural European areas. The increased demand for forest biomass should not, therefore, lead to market distortion in the sector in question.

Amendment 25

Proposal for a directive

Recital 17 a (new)

Text proposed by the Commission

Amendment

(17 a) While Member States should be required to progressively and partially open support to projects located in other Member States to a level reflective of 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 the 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 to achieve the aim of this Directive is to guarantee the proper functioning of national support schemes, as under Directive 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 at facilitating 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

Text proposed by the Commission

Amendment

(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 of the Treaty on the Functioning of the European Union, 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 in due advance any support change and adequately consult stakeholders. 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

Text proposed by the Commission

Amendment

(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. Ensuring that citizen 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 [Governance] 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 [Governance].

Amendment 28

Proposal for a directive

Recital 20 a (new)

Text proposed by the Commission

Amendment

(20a) Renewable marine energies offer the European 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 European Union must therefore strive to create economic and regulatory conditions propitious to their deployment.

Amendment 29

Proposal for a directive

Recital 24 a (new)

Text proposed by the Commission

Amendment

(24a) The Commission Communication 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 nor certified alternative for the civil aircraft industry.

Amendment 30

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(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 lifecycle 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).

Amendment 31

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission

Amendment

(25a) The European Parliament resolution 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

Text proposed by the Commission

Amendment

(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.

Amendment 33

Proposal for a directive

Recital 28 a (new)

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

(28 d) 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)

Text proposed by the Commission

Amendment

(31 a) 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 the need for a legislative proposal aiming at regulating geothermal plants emissions of all substances, including CO2, that are harmful for health and environment, both during exploration and operational phases

Amendment 38

Proposal for a directive

Recital 33

Text proposed by the Commission

Amendment

(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.

Justification

One of the goals of the Energy Union is the application of the energy first principle, which accordingly needs to be streamlined throughout the EU energy legislation and hence should also be applied with regard to renewable policies in the context of buildings. This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 39

Proposal for a directive

Recital 35

Text proposed by the Commission

Amendment

(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).

Amendment 40

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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.

Amendment 42

Proposal for a directive

Recital 45

Text proposed by the Commission

Amendment

(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.

Amendment 43

Proposal for a directive

Recital 49

Text proposed by the Commission

Amendment

(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 EU funds, such as the use of cohesion policy funding in this area.

Justification

This recital is intrinsically linked to further changes made in the text as well as reflecting the necessity to strengthen the local level in terms of technical and financial know-how, in order to ensure the implementation of the directives goal to increase the share of renewables in the member states. This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 44

Proposal for a directive

Recital 49 a (new)

Text proposed by the Commission

Amendment

(49a) Local and regional authorities often have 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, facilitate exchange of best practices and available financial support. In this 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)

Text proposed by the Commission

Amendment

(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 EU's energy and climate goals, while deploying more decentralized 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)

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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.

Justification

This amendment is intrinsically linked to other amendments tabled to provisions modified by the Commission in its proposal. This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 48

Proposal for a directive

Recital 51

Text proposed by the Commission

Amendment

(56) 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 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.

Justification

Supplying fossil fuels to the outermost regions (80 % or more in some regions) leads to additional costs which adversely affect the local economy of those regions and the purchasing power of the inhabitants. At the same time, some of the regions are rich in biomass resources and they should be able to use them.

Amendment 49

Proposal for a directive

Recital 52

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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 incentivise smarter renewables integration technologies and motivate renewables 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 a 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. This remuneration should be determined on the basis of the cost benefit analysis of distributed energy resources under Article 59 of [Recast Directive 2009/72/EC as proposed by COM(2016) 864].

Amendment 51

Proposal for a directive

Recital 53 a (new)

Text proposed by the Commission

Amendment

(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 seize on this opportunity by, inter alia, assessing the possibility for renewable energy communities to contribute towards the reduction of fuel poverty and 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)

Text proposed by the Commission

Amendment

(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 (e.g. the elderly, those in rural areas, etc.).

Amendment 53

Proposal for a directive

Recital 54

Text proposed by the Commission

Amendment

(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) Local citizen and local authorities´ 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 which results in local investment, more choice for consumers and encouragement of citizen’s participation in the energy transition, namely by encouraging the participation by households that might not otherwise be able to, 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)

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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 for the environment and public health.

Amendment 56

Proposal for a directive

Recital 59 a (new)

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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 this 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)

Text proposed by the Commission

Amendment

(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 Shift to Rail initiative benefiting clean public transport;

Amendment 59

Proposal for a directive

Recital 62


Text proposed by the Commission	Amendment
(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)

Text proposed by the Commission

Amendment

(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.

Justification

Restore idea of 2009/28/EC Recitals 28 and 29. Increased GHG emission savings require measures across the transport sector in both the production and supply chains.

Amendment 61

Proposal for a directive

Recital 63 b (new)

Text proposed by the Commission

Amendment

(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.

Justification

Increased GHG emission savings require measures across the transport sector. Fuel efficiency standards for road transport can be an effective way to boost the uptake of renewable alternatives.

Amendment 62

Proposal for a directive

Recital 64

Text proposed by the Commission

Amendment

(64) Advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non-biological origin, and renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost-effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. The incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels.

(64) Advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non-biological origin, and renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost-effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. The cascading use principle should be taken into account in order to make sure that the use of feedstock for advanced biofuel production does not compete with other uses in which the feedstock would have to be replaced with more emission intensive raw materials. The incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels.

Amendment 63

Proposal for a directive

Recital 65 a (new)

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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.

Amendment 65

Proposal for a directive

Recital 68


Text proposed by the Commission	Amendment
(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 66

Proposal for a directive

Recital 69

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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 those 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)

Text proposed by the Commission

Amendment

(72a) Union sustainability criteria for biofuel, bioliquids and biomass fuels have to ensure that the transition to a low-carbon economy supports the objectives of the Circular Economy Action Plan and is firmly guided by the Union waste hierarchy.

Justification

To ensure that the Renewables Energy Directive is in line with the Circular Economy Action Plan and the EU waste hierarchy, it is necessary to introduce a new sustainability criteria.

Amendment 69

Proposal for a directive

Recital 73


Text proposed by the Commission	Amendment
(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.

Justification

Drained peatlands do not act as a secure carbon stock. Therefore it seems unreasonable to exclude their use for the production of biofuels, bioliquids and biomass fuels.

Amendment 70

Proposal for a directive

Recital 74 a (new)

Text proposed by the Commission

Amendment

(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.

Justification

According to the Commission Impact Assessment the production of agricultural biomass can result in negative impacts on soils (e.g. loss of nutrients and soil organic matter, erosion, peatland drainage), water availability and biodiversity. The cross compliance requirements under CAP alone are not sufficient to ensure protection of soil quality and maintenance of soil organic carbon.

Amendment 71

Proposal for a directive

Recital 75


Text proposed by the Commission	Amendment
(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.

Justification

This Directive should not prohibit the exploitation of biomass in the outermost regions, for example primary forests, which are one of the main resources of these territories. The exploitation of such resources is already framed by strict sustainability criteria that ensure the environmental integrity of such an activity.

Amendment 72

Proposal for a directive

Recital 75 a (new)

Text proposed by the Commission

Amendment

(75a) In order to ensure full transparency throughout all sectors of energy production the Commission should, by 31 December 2018, set up, by means of delegated acts, production criteria for fossil fuels and fossil energies.

Justification

There is a strong need for production criteria to guarantee a level playing field between biofuels and fossil fuels.

Amendment 73

Proposal for a directive

Recital 76


Text proposed by the Commission	Amendment
(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)

Text proposed by the Commission

Amendment

(76a) If a single criterion relating to forest biomass sustainability is not met by a the national and/or sub-national law or monitoring of a Member State, 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 on Member State level.

Justification

The risk-based approach is carried out criterion by criterion. The proposed practice would safeguard the purpose of the risk-based approach while reducing the risk of using unsustainable biomass due to shortcomings on one single criterion.

Amendment 75

Proposal for a directive

Recital 76 b (new)

Text proposed by the Commission

Amendment

(76b) A 'risk-based approach' should be carried out starting at national level. If requirements of a single criterion cannot be fulfilled by national and/or subnational 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)

Text proposed by the Commission

Amendment

(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


Text proposed by the Commission	Amendment
(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


Text proposed by the Commission	Amendment
(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


Text proposed by the Commission	Amendment
(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.

Justification

Guarantees of origin should inform consumers about compliance with the sustainability criteria and savings in greenhouse gas emissions.

Amendment 80

Proposal for a directive

Recital 84


Text proposed by the Commission	Amendment
(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.

Justification

This amendment is inextricably linked to amendment to Article 25(1).

Amendment 81

Proposal for a directive

Recital 85


Text proposed by the Commission	Amendment
(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 82

Proposal for a directive

Recital 95

Text proposed by the Commission

Amendment

(95) Global demand for agricultural commodities is growing. Part of that increased demand will be met through an increase in the amount of land devoted to agriculture. The restoration of land that has been severely degraded and therefore cannot be used, in its present state, for agricultural purposes is a way of increasing the amount of land available for cultivation. The sustainability scheme should promote the use of restored degraded land because the promotion of biofuels, bioliquids and biomass fuels will contribute to the growth in demand for agricultural commodities.

Justification

The amendment is inextricably linked to amendment to Article 7(1).

Amendment 83

Proposal for a directive

Article 1 – paragraph 1


Text proposed by the Commission	Amendment
This Directive establishes a common framework for the promotion of energy from renewable sources. It sets a binding Union target for the overall share of energy from renewable sources in gross final consumption of energy in 2030. It also lays down rules on financial support to electricity produced from renewable sources, self-consumption of renewable electricity, and renewable energy use in the heating and cooling and transport sectors, regional cooperation between Member States and with third countries, guarantees of origin, administrative procedures and information and training. It establishes sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels.	This Directive establishes a common framework for the promotion of energy from renewable sources. It sets binding minimum Union targets for the overall share of energy from renewable sources in gross final consumption of energy and for the share of energy from renewable sources in transport in 2030 .These Union targets are to be collectively achieved by Member States through national targets. It also lays down rules on financial support to electricity produced from renewable sources, self-consumption of renewable electricity, and renewable energy use in the heating and cooling and transport sectors, regional cooperation between Member States and with third countries, guarantees of origin, administrative procedures and information and training. It establishes sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels.

Amendment 84

Proposal for a directive

Article 2 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(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, landfill gas, sewage treatment plant gas and biogases;

Amendment 85

Proposal for a directive

Article 2 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

(b a) 'geothermal energy' means energy stored in the form of heat beneath the surface of solid earth;

Amendment 87

Proposal for a directive

Article 2 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(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 bacteria, 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;

Amendment 88

Proposal for a directive

Article 2 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(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;

Justification

The efficiency losses in the production of heating and transport fuels can be significant and need to be captured in the gross final energy consumption. This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 89

Proposal for a directive

Article 2 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(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 a central or decentralised sources 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

Text proposed by the Commission

Amendment

(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 91

Proposal for a directive

Article 2 – paragraph 2 – point i

Text proposed by the Commission

Amendment

(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;

Justification

Some Member States indirectly subsidise the production of renewable sources of energy through research aid.

Amendment 92

Proposal for a directive

Article 2 – paragraph 2 – point n a (new)


Text proposed by the Commission	Amendment
	(na) 'residual waste' means waste resulting from a treatment or a recovery operation, including recycling, which cannot be recovered further and, as a result, has to be disposed of;

Justification

The definition needs to be included in order to define the use of waste such as advanced biofuels as being solely waste that can no longer be recycled and recovered.

Amendment 93

Proposal for a directive

Article 2 – paragraph 2 – point q


Text proposed by the Commission	Amendment
(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, alfalfa), industrial residues (including from food and feed crops after vegetal oils, sugars, starches and protein have been extracted), and material from biowaste;

Justification

Ley crops can be used for the production of biogas.

Amendment 94

Proposal for a directive

Article 2 – paragraph 2 – point u

Text proposed by the Commission

Amendment

(u) ‘low indirect land-use change-risk biofuels and bioliquids’ means biofuels and bioliquids, the feedstocks of which were produced within schemes which reduce the displacement of production for purposes other than for making biofuels and bioliquids and which were produced in accordance with the sustainability criteria for biofuels and bioliquids set out in Article 26;.

(u) ‘low indirect land-use change-risk biofuels and bioliquids’ means biofuels and bioliquids, the feedstocks of which were produced on unused, marginal land while improving its carbon capture within schemes which reduce the displacement of production for purposes other than for making biofuels and bioliquids, including for high protein feed products, and which were produced in accordance with the sustainability criteria for biofuels and bioliquids set out in Article 26;

Justification

This amendment is inextricably linked to an amendment to Article 7(1).

Amendment 95

Proposal for a directive

Article 2 – paragraph 2 – point z

Text proposed by the Commission

Amendment

(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 and/or increase efficiency;

Amendment 96

Proposal for a directive

Article 2 – paragraph 2 – point y

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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 [MDI Directive] 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)

Text proposed by the Commission

Amendment

(aa a) ´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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(cc) ‘power purchase agreement’ means a contract under which a legal person agrees to purchase renewable electricity directly from an energy generator;

(cc) ‘renewable power purchase agreement’ means a contract under which a legal or natural person agrees to purchase renewable electricity directly from an energy generator

Amendment 101

Proposal for a directive

Article 2 – paragraph 2 – point dd

Text proposed by the Commission

Amendment

(dd) ‘food and feed crops’ means starch-rich crops, sugars and oil crops produced on agricultural land as a main crop excluding residues, waste or ligno-cellulosic material;

(dd) 'food and feed crops' means starch-rich crops, sugars and oil crops and other crops grown primarily for energy purposes on agricultural land as a main crop excluding residues and waste;

Amendment 102

Proposal for a directive

Article 2 – paragraph 2 – point e e

Text proposed by the Commission

Amendment

(ee) ‘advanced biofuels’ means biofuels that are produced from feedstocks listed in part A of Annex IX;

(ee) ‘advanced biofuels’ means biofuels such as those that are produced from feedstocks listed in part A of Annex IX and biomass other than food/feed crops when they fulfil the EU sustainability regime;

Justification

Innovative use of biomass should be encouraged when the sustainability criteria is fulfilled.

Amendment 103

Proposal for a directive

Article 2 – paragraph 2 – point ff

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

(ff a) "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 lifecycle; 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 management hierarchy; 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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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 110

Proposal for a directive

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. Each Member State shall ensure that the share of energy from renewable sources in all forms of transport in 2030 is at least12 % of the final consumption of energy in transport in that Member State.

In order to count towards this target, the greenhouse gas emission savings from the use of biofuels and biogas shall be in compliance with the criteria laid down in Article26(7) when compared to fossil fuel in accordance with the methodology referred to in Article 28(1).

Amendment 111

Proposal for a directive

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

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 [Governance]. If on the basis of the assessment of the final integrated national energy and climate plans, submitted pursuant to Article 3 of Regulation [Governance], the Commission concludes that Member States’ targets are insufficient for the collective achievement of the Union’s binding overall target, those Member States with a target below that resulting from applying the formula set out in Annex Ia shall increase their target accordingly.

In cases where a Member State is not on track to meet its foreseen target due to exceptional and duly justified circumstances, it may deviate from the foreseen level of its target by a maximum of 10%. In such case the Member State shall notify it to 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[Governance], to effectively cover the gap.

Amendment 112

Proposal for a directive

Article 3 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall ensure that their national policies are designed to conform to the waste hierarchy, as set out in Article 4 of Directive 2008/98/EC. To that end, Member States shall regularly review their national policies and justify any deviations in the reports required under Article 18(c) of Regulation ... [Governance].

Justification

Member States must assess whether their policies in support of renewable energy are consistent with the legislation on waste, in particular with regard to the implementation of the waste hierarchy.

Amendment 113

Proposal for a directive

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

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.

Amendment 114

Proposal for a directive

Article 4 – title

Text proposed by the Commission

Amendment

Financial support for electricity from renewable sources

Support for energy from renewable sources

Amendment 115

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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 194 TFEU and subject to Articles 107 and 108 thereof, in order to reach or exceed the Union and national targets set out in Article 3, Member States may apply support schemes. 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)

Text proposed by the Commission

Amendment

1 a. 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;

(d) network constraints and grid stability;

(e)environmental constraints.

Amendment 117

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

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 mentionned above in this paragraph, 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)

Text proposed by the Commission

Amendment

Where support for renewable energy is granted through a tender procedure, the requirements set out in paragraph3a, shall apply. However, those requirements shall not apply to 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)

Text proposed by the Commission

Amendment

3 a. Where support for renewable energy is granted through a tender, 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;

Amendment 120

Proposal for a directive

Article 4 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3 b. 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)

Text proposed by the Commission

Amendment

3 c. 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)

Text proposed by the Commission

Amendment

3 d. 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

Text proposed by the Commission

Amendment

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.

The assessment shall take into account the effect of possible changes to the support schemes on investments. Member States shall include this 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].

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)

Text proposed by the Commission

Amendment

4 a. By ... [2021] and every three years thereafter, the Commission shall report to the European Parliament and to the Council on the performance of tenders in the Union, analysing, in particular the ability of tenders to:

(a) achieve cost-reduction;

(b) achieve technological improvement;

(d) provide non-discriminatory participation of small actors and local authorities.

Amendment 125

Proposal for a directive

Article 4 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4 b. 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.

Amendment 126

Proposal for a directive

Article 4 – paragraph 4 c (new)

Text proposed by the Commission

Amendment

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.

Justification

Support schemes for renewable energy should not promote waste which does not comply with the waste hierarchy; in particular, no support should be given to mixed waste. The only support schemes should concern residual municipal waste, i.e. municipal waste that is collected separately and that can no longer be further recycled or recovered and which is solely designed to be disposed of.

Amendment 127

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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 these 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)

Text proposed by the Commission

Amendment

2 a. Member States may request that the Commission exempt them from the obligation 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 effect on energy security or the well-functioning of the energy market of the Member State requesting the exemption.

Any exemption granted under this paragraph shall be published in the Official Journal of the European Union and should be subject to a review by the end of 2025.

Amendment 130

Proposal for a directive

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

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 harmonize the administrative framework conditions in the cooperation countries to ensure a level-playing field.

Amendment 131

Proposal for a directive

Article 5 – paragraph 4

Text proposed by the Commission

Amendment

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 this end, the Commission shall encourage 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

Text proposed by the Commission

Amendment

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)

Text proposed by the Commission

Amendment

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) and is publicly announced at least nine months before it enters into force and that such a modification 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 134

Proposal for a directive

Article 7 – paragraph 1 – subparagraph 4

Text proposed by the Commission

Amendment

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 unless such fuels meet the greenhouse gas saving threshold set out in Article 26(7), taking into account the mean estimated indirect land-use change emissions from biofuel and bioliquid feedstocks in Part A of Annex VIII or are certified low indirect land-use change-risk biofuels and bioliquids based on a methodology developed by the Commission. This limit shall be reduced to 0 % in 2030 following the trajectory set out in Part A of Annex X. The contribution from biofuels and bioliquids produced from palm oil shall be 0 % from 2021. The Commission shall develop a methodology to certify low indirect land-use change-risk biofuels and bioliquids as defined in point (u) of Article 2(2) by 31 December 2019. 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 135

Proposal for a directive

Article 7 – paragraph 1 – subparagraph 4 a (new)

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend the mean estimated indirect land-use change emissions from biofuel and bioliquid feedstocks in Part A of Annex VIII on the basis of latest scientific evidence. The Commission shall review the mean estimated indirect land-use change emissions from biofuel and bioliquid feedstocks by 31 December 2019 taking into account any greenhouse gas savings related to protein feed by-products, and shall introduce as appropriate, separate values for palm oil, soy bean oil and other oil crops.

Justification

The amendment is inextricably linked to amendments to previous subparagraphs and necessary to ensure the values in Annex VIII part A are kept up to date as regards latest scientific evidence.

Amendment 136

Proposal for a directive

Article 7 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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)

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 32 to establish 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)

Text proposed by the Commission

Amendment

(b a) For the purpose of complying with the target set out inArticle 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.

Amendment 140

Proposal for a directive

Article 7 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

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 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 lifecycle assessment of emissions, and not creating risk of negative impacts on the environment and biodiversity.

Amendment 141

Proposal for a directive

Article 7 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

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 or remove 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 or to remove them.

Amendment 142

Proposal for a directive

Article 7 – paragraph 5 – subparagraph 3 a (new)

Text proposed by the Commission

Amendment

When a feedstock is removed from the list in Annex IX, installations producing advanced biofuels from that feedstock shall be permitted to use it for five years after the entry into force of the delegated act removing the feedstock from Annex IX, provided it is an advanced biofuel in accordance with Article 2 of this Directive.

Justification

While the Commission should be permitted to propose to remove a feedstock from Annex IX, operators should have the possibility to adjust their production process within a transition period to safeguard investments to a certain extent.

Amendment 143

Proposal for a directive

Article 7 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

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 as established in Article 4 of 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.

Justification

Restoring wording from (EU) 2015/1513 Article 2

Amendment 144

Proposal for a directive

Article 9 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. The Commission shall facilitate the establishment of joint projects between Member States, notably via dedicated technical assistance and project development assistance.

Justification

This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 145

Proposal for a directive

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

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.

Justification

In order to ensure the legal certainty of operations in third countries, authorized projects should be fully compliant with the relevant dispositions of international law i.e. the right to self-determination for territories under occupation.

Amendment 146

Proposal for a directive

Article 11 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

(ca) the electricity has been produced in accordance with international law, including human rights law.

Justification

The provisions of the Directive should not inadvertently reward electricity production under conditions that contravene international law.

Amendment 147

Proposal for a directive

Article 11 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(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.

Justification

Necessary for consistency with the preceding paragraph, point c a, added through amendment 25.

Amendment 148

Proposal for a directive

Article 11 – paragraph 5 – point d

Text proposed by the Commission

Amendment

(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.

Justification

Necessary for consistency with the preceding paragraph 2, point c a, added through amendment 25.

Amendment 149

Proposal for a directive

Article 13 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The Commission shall facilitate the establishment of joint support schemes between Member States, notably via the dissemination of guidelines and best practice.

Justification

This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 150

Proposal for a directive

Article 15 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

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.

Justification

This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 151

Proposal for a directive

Article 15 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission

Amendment

(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 foreseen predictable timeframes for the issue of the necessary permits and licenses;

Amendment 152

Proposal for a directive

Article 15 – paragraph 1 – subparagraph 2 – point d

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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 are as 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

Text proposed by the Commission

Amendment

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.

Justification

This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 156

Proposal for a directive

Article 15 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

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, as defined by article 21, or through renewable based cogeneration and wasted heat and cold.

Amendment 157

Proposal for a directive

Article 15 – paragraph 6

Text proposed by the Commission

Amendment

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 the Directive [EPBD], 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

Text proposed by the Commission

Amendment

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 this 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 further ensure adequate information and advice on renewable, highly energy efficient alternatives as well as eventual financial instruments and incentives available in case of replacement, in view of promoting an increased replacement rate of old heating systems and an increased switch to renewable energy based solutions as required in the Directive [EPBD].

Amendment 159

Proposal for a directive

Article 15 – paragraph 8

Text proposed by the Commission

Amendment

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 should 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)

Text proposed by the Commission

Amendment

8 a. 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

Text proposed by the Commission

Amendment

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 renewable power purchase agreements (RPPA) to finance renewables and facilitate their uptake, ensuring that RPPA are not subject to disproportionate procedures and charges that are not cost reflective. With the conclusion of such RPPA, the equivalent amount of guarantees of origin issued in accordance with Article 19 shall be cancelled on behalf of the corporate customer. This enabling framework shall be part of the integrated national energy and climate plans in accordance with Regulation [Governance].

Amendment 162

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

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.

Amendment 163

Proposal for a directive

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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), (5) and Article 17.

Amendment 165

Proposal for a directive

Article 16 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. 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 3 additional months.

The periods referred to in paragraph 4 and 4a are 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 plants.

Amendment 166

Proposal for a directive

Article 16 – paragraph 5

Text proposed by the Commission

Amendment

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 Electricity regulation, 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 167

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

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. In this case 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 this time frame the installation may be connected.

Amendment 168

Proposal for a directive

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

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.

Justification

The Commission proposal has introduced a new category of consumers. Low-income, vulnerable consumers as well as renewable self-consumers and renewable energy communities are sensitive groups of consumers, which need to be considered in particular, as they encounter many difficulties in getting access to adequate and accessible information relating the use of energy from renewable sources and its benefits.

Amendment 169

Proposal for a directive

Article 18 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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.

Justification

This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 170

Proposal for a directive

Article 18 – paragraph 6

Text proposed by the Commission

Amendment

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.

Justification

This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 171

Proposal for a directive

Article 19 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

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 Renewable Power Purchase Agreement.

In other cases than the above, Member States shall issue the Guarantee of Origin for statistical reasons and cancel them inmediately.

Amendment 172

Proposal for a directive

Article 19 – paragraph 7 – subparagraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(a a) whether and the energy source from which the energy was produced met sustainability and 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

Text proposed by the Commission

Amendment

(ii) gas, or

(ii) gas, including hydrogen, or

Amendment 174

Proposal for a directive

Article 19 – paragraph 8

Text proposed by the Commission

Amendment

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/EC 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/EC 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

Text proposed by the Commission

Amendment

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.

Justification

This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 176

Proposal for a directive

Article 20 – paragraph 3

Text proposed by the Commission

Amendment

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.

Justification

Adds sustainable energy sources unmentioned in original text.

Amendment 177

Proposal for a directive

Article 21 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

(a a) 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)

Text proposed by the Commission

Amendment

(a b) 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

Text proposed by the Commission

Amendment

(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 (DSOs) pursuant to Articles 15 to 18;

Amendment 182

Proposal for a directive

Article 21 – paragraph 1 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

(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].

Amendment 183

Proposal for a directive

Article 21 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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)

Text proposed by the Commission

Amendment

2 a. 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 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;

(d) the removal of unjustified regulatory barriers to renewable self-consumption, including for tenants.

This 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].

Amendment 186

Proposal for a directive

Article 21 – paragraph 3

Text proposed by the Commission

Amendment

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)

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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:

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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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;

Amendment 193

Proposal for a directive

Article 22 – paragraph 1 – subparagraph 2 – point d

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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)

Text proposed by the Commission

Amendment

2 a. 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 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;

(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.

This enabling framework shall be part of the integrated national energy and climate plans in accordance with Regulation [on the Governance of the Energy Union].

Amendment 197

Proposal for a directive

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

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)

Text proposed by the Commission

Amendment

1 a. 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 January2021 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 yearly 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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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 interalia be implemented through one or more of the following options:

Amendment 201

Proposal for a directive

Article 23 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) physical incorporation of renewable energy in the energy and energy fuel supplied for heating and cooling;

(a) physical incorporation of renewable energy and/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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

(c a) 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)

Text proposed by the Commission

Amendment

3 a. 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)

Text proposed by the Commission

Amendment

(b a) the amount of waste heat or cold supplied for heating and cooling;

Amendment 206

Proposal for a directive

Article 23 – paragraph 5 – point c

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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 one within the next 5 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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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 Article2(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

Text proposed by the Commission

Amendment

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 Directive2012/27/EU.

Amendment 213

Proposal for a directive

Article 24 – paragraph 7

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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 4 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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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 only supplying 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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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.

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

Text proposed by the Commission

Amendment

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.

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)

Text proposed by the Commission

Amendment

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.

Justification

A greenhouse gas saving obligation would be more optimal from the climate perspective, but has been considered to be more administratively burdensome by the Commission. Member States should nevertheless have the option of designing their policies implementing the renewable energy incorporation obligation as a greenhouse gas saving target, taking into account also the saving potential of waste based fossil fuels, provided that the minimum renewables share is met.

Amendment 222

Proposal for a directive

Article 25 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. From 1 January 2021, Member States shall require fuel suppliers to reduce life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied by up to 20 % by 31 December 2030, compared with the fuel baseline standard referred to in Council Directive (EU) 2015/652^1a.

____________________

^1aCouncil Directive (EU) 2015/652 of 20 April 2015 laying down calculation methods and reporting requirements pursuant to Directive 98/70/EC of the European Parliament and of the Council relating to the quality of petrol and diesel fuels (OJ L 107, 25.4.2015, 26).

Justification

The ambitious target of reducing GHG intensity of fuels by up to 20 % by 2030 is justified taking into account the high GHG savings from already established crop-based biofuels as well as a stronger market penetration of advanced biofuels and alternative renewable energies in transport. The obligation to reduce GHG emissions from fuels based on fuel providers has proven to be an effective tool for greater climate efficiency.

Amendment 223

Proposal for a directive

Article 25 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

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.

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 shall be empowered to adopt delegated acts in accordance with article 32 to establish 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)

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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 an EU-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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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 [Governance]. The Commission shall publish, on an annual basis, aggregated information from the database.

Amendment 229

Proposal for a directive

Article 25 – paragraph 6

Text proposed by the Commission

Amendment

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 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 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.

Justification

The Renewable Energy Directive should ensure that the Commission has the necessary powers to promote the use of low carbon fuels, as these play an important role in reducing the amount of extracted fossil carbon in the EU energy mix in addition to indirectly promoting production of renewable electricity.

Amendment 230

Proposal for a directive

Article 25 – paragraph 7

Text proposed by the Commission

Amendment

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 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 affectively 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


Text proposed by the Commission	Amendment
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:

Justification

The proposal includes major new elements for sustainability criteria and transport fuels. It is therefore necessary to clarify the coverage of the term financial support to include fiscal incentives.

Amendment 232

Proposal for a directive

Article 26 – paragraph 1 – subparagraph 1 – point c


Text proposed by the Commission	Amendment
(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.

Justification

The recast Renewable Energy Directive makes major changes to the coverage of the provisions on bioenergy sustainability, notably by extending many of the provisions, for the first time, to biomass fuels such as wood. It also proposes significant changes to the targets relating to biofuels and bioliquids. On this basis, changes are also required to clarify the coverage of the term 'financial support', which in some Member States either does not currently address or may not in future sufficiently address the multiple ways, in addition to direct subsidies, in which the production or use of biomass fuels and other types of bioenergy are promoted or encouraged. For example mechanisms such as tax breaks for the use of biomass fuels based on their supposed carbon neutrality, or blending mandates imposed on providers of biomass or other biofuels, are either already in operation or may be applied in future, and themselves have cost impacts. The terms of the provision on eligibility for financial support should therefore be broadened to ensure it is comprehensive and in line with the spirit of the original Directive.

Amendment 233

Proposal for a directive

Article 26 – paragraph 1 – subparagraph 2


Text proposed by the Commission	Amendment
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 shall be in line with the principle of the waste hierarchy as laid down in Directive 2008/98/EC and shall avoid significant distortive effects on markets for (by)products, wastes or residues. 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.

Justification

The production of biofuels, bioliquids and biomass fuels can divert residues from existing material uses to energy, as well as it can divert waste from recycling to energy, in contradiction to the waste hierarchy and circular economy objectives. To ensure that transport decarbonisation supports objectives of the Circular Economy Action Plan and is in line with the EU waste hierarchy, it is necessary to introduce a new sustainability criteria.

Amendment 234

Proposal for a directive

Article 26 – paragraph 1 – subparagraph 2 a (new)


Text proposed by the Commission	Amendment
	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).

Justification

This amendment is inextricably linked to the new transport fuel obligation in Article 25.

Amendment 235

Proposal for a directive

Article 26 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

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)

Text proposed by the Commission

Amendment

(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;

Justification

Forests that are not primary forests can also host significant biodiversity

Amendment 237

Proposal for a directive

Article 26 – paragraph 2 – point c – introductory part

Text proposed by the Commission

Amendment

Amendment 238

Proposal for a directive

Article 26 – paragraph 2 – point c – point ii

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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:

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;

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;

iii) areas of high conservation value, including peatlands and wetlands, are identified and 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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

Member States may establish higher greenhouse gas emission savings than those provided for in this paragraph.

Amendment 250

Proposal for a directive

Article 26 – paragraph 8 – subparagraph 1

Text proposed by the Commission

Amendment

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 an installed electrical 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 installations which have been converted from solid fossil fuels fired plants. 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 [3 years after date of adoption of this Directive].

Amendment 251

Proposal for a directive

Article 26 – paragraph 8 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

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 Council^1a, provided that those installations exclusively employ biomass fuels produced from agricultural, aquaculture, fisheries and forestry residues under normal operating conditions.

____________________

^1aDirective 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).

Justification

While high conversion efficiency is a key component of bioenergy sustainability and should be ensured, there are circumstances such as climatic conditions, which lead to insufficient demand for heat for combined heat and power investments. These circumstances are already addressed in article 14 of the Energy Efficiency Directive (2012/27/EU), dealing with the promotion of efficiency in heating and cooling. However, it should be ensured that installations producing electricity only should use exclusively residues, as these are not in competition with material uses.

Amendment 252

Proposal for a directive

Article 26 – paragraph 8 a (new)

Text proposed by the Commission

Amendment

8a. The Commission shall, every two years, 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.

Justification

Reintroducing reporting provisions (Article 17(7) of the existing Directive) that have been removed in Commission proposal.

Amendment 253

Proposal for a directive

Article 26 – paragraph 8 b (new)

Text proposed by the Commission

Amendment

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 of the Treaty on the Functioning of the European Union, 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 tothe 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.

Justification

The supply of fossil energy in the outermost regions (80% or more in some regions) results in an additional cost that penalises the local economy and the inhabitants’ purchasing power. At the same time, these regions have in part considerable biomass resources that they should be able to exploit.

Amendment 254

Proposal for a directive

Article 26 – paragraph 10

Text proposed by the Commission

Amendment

10. For the purposes referred to in points (a), (b) and (c) of paragraph 1, Member States may place additional sustainability requirements for biomass fuels.

10. For the purposes referred to in points (a), (b) and (c) of paragraph 1, Member States may place additional sustainability requirements for biofuels, bioliquids and biomass fuels.

Amendment 255

Proposal for a directive

Article 27 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

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.

Justification

Guarantees of origin should inform consumers about compliance with the sustainability criteria and savings in greenhouse gas emissions.

Amendment 257

Proposal for a directive

Article 27 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(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;

Amendment 258

Proposal for a directive

Article 27 – paragraph 3

Text proposed by the Commission

Amendment

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.

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.

Justification

This amendment is linked to ensuring compliance with the limit on the contribution from biofuels and biogas produced from feedstock included in part B of Annex IX in Article 25(1)

Amendment 259

Proposal for a directive

Article 27 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

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. The information on geographic origin of biofuels, bioliquids and biomass fuels shall be made available to consumers.

Justification

Linked to the transport fuel obligation in Article 25.

Amendment 260

Proposal for a directive

Article 27 – paragraph 4

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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.

Justification

Linked to the implementation of transport fuel obligation in Article 25.

Amendment 262

Proposal for a directive

Article 27 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

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.

Justification

Linked to the implementation of transport fuel obligation in Article 25.

Amendment 263

Proposal for a directive

Article 28 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

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.

Justification

This amendment is inextricably linked to amendment to Article 7(1).

Amendment 264

Proposal for a directive

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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

Text proposed by the Commission

Amendment

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.

Justification

Linked to the transport fuel obligation in Article 25.

Amendment 267

Proposal for a directive

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

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 [Governance], 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.

Justification

A comprehensive approach that allows comparisons should be taken.

Amendment 268

Proposal for a directive

Article 32 – paragraph 2

Text proposed by the Commission

Amendment

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 1^st 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 1^st January 2021 .

Justification

This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 269

Proposal for a directive

Article 32 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The delegation of power referred to in Articles 7(5) , 7(6); 19(11), 19(14), 25(6) and 28(5)

The delegation of power referred to in Articles 7(3), 7(5) , 7(6); 19(11), 19(14), 25(6) and 28(5)

Justification

This amendment is necessary for reasons relating to the internal logic of the text and is inextricably linked to other amendments.

Amendment 270

Proposal for a directive

Annex I a (new)

Text proposed by the Commission

Amendment

Annex Ia

1. 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 of this Directive;

(b) a flat rate contribution ("C_Flat");

(d) a potential-based contribution ("C_Potential");

(e) a contribution reflecting the interconnection level of the Member State ("C_Interco").

2. C_Flat shall be the same for each Member State. All Member States' C_Flat shall together contribute 30% of the difference between the EU targets for 2030 and 2020.

3. C_GDP shall be allocated between Member States based on a GDP per capita index to the EU average, where for each Member State individually the index is capped at 150% of the EU average. All Member States' C_GDP shall together contribute 30% of the difference between the EU targets for 2030 and 2020.

4. C_Potential 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' C_Potential shall together contribute 30% 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

Text proposed by the Commission

Amendment

SAVING = (E F(t) – E B /E F(t))

SAVING = (E F(t) – E B) /E F(t)

Justification

The proposed formula is mathematically incorrect. The existing formula is mathematically correct: its result is a dimensionless proportion which, expressed in relation to 100%, yields a percentage for GHG reduction.

Amendment 272

Proposal for a directive

Annex V – Part C – paragraph 15

Text proposed by the Commission

Amendment

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 CO₂used in commercial products and services.

Justification

The current legal situation should be retained. Emission savings in sectors other than transport should also not be neglected.

Amendment 273

Proposal for a directive

Annex VII – paragraph 1 – subparagraph 2 – indent 1

Text proposed by the Commission

Amendment

- 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

Text proposed by the Commission

Amendment

(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

Justification

This increases the coherence of the targets for emissions reduction.

Amendment 275

Proposal for a directive

Annex IX – Part A – point c

Text proposed by the Commission

Amendment

(c) Bio-waste as defined in Article 3(4) of Directive 2008/98/EC from private households subject to separate collection as defined in Article 3(11) of that Directive.

(c) Bio-waste as defined in Article 3(4) of Directive 2008/98/EC subject to separate collection as defined in Article 3(11) of that Directive.

Amendment 276

Proposal for a directive

Annex IX – Part A – point d

Text proposed by the Commission

Amendment

(d) Biomass fraction of industrial waste not fit for use in the food or feed chain, including material from retail and wholesale and the agro-food and fish and aquaculture industry, and excluding feedstocks listed in part B of this Annex.

(d) Biomass residues resulting from other renewable industrial production not fit for use in the food chain, feed chain or for reprocessing into non-food material. This includes material resulting from retail and wholesale and the bio-based chemical productions, agro-food and fish and aquaculture industry, excluding feedstocks listed in part B of this Annex.

Justification

Only production residues not fit for reuse in food, feed or non-food products many be considered advanced biofuels, in line with the principles of a circular economy and the efficient use of resources.

Amendment 277

Proposal for a directive

Annex IX – Part A – point g

Text proposed by the Commission

Amendment

(g) Palm oil mill effluent and empty palm fruit bunches.

deleted

Justification

The residues generating form the production of vegetable oils with a high ILUC effect should not be counted as an appropriate feedstock for advanced biofuels.

Amendment 278

Proposal for a directive

Annex IX – Part A – point h

Text proposed by the Commission

Amendment

(h) Tall oil and tall oil pitch.

deleted

Justification

Tall oil has a wide industrial use. Without any impact assessment we can not evaluate the effect of its displacement use

Amendment 279

Proposal for a directive

Annex IX – Part A – point j

Text proposed by the Commission

Amendment

(j) Bagasse.

deleted

Justification

Feedstocks, which serve existing industrial uses and which have a limited availability should not be promoted as advanced biofuel as negative climate and economic impacts are likely to appear as they have to be replaced with other materials in their existing applications.

Amendment 280

Proposal for a directive

Annex IX – Part A – point o

Text proposed by the Commission

Amendment

(o) Biomass fraction of wastes and residues from forestry and forest-based industries, i.e. bark, branches, pre-commercial thinnings, leaves, needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre sludge, lignin .

(o) Biomass fraction of residual wastes and residues from forest-based industries that does not cause displacement of the existing material use of the residues, i.e. bark, branches, pre-commercial thinnings, leaves, needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre sludge, lignin.

Justification

This provides coherence, strengthens implementation and further enforcement of the amendment of article 26 for a hierarchy of the use of wood products.

Amendment 281

Proposal for a directive

Annex IX – Part A – point p

Text proposed by the Commission

Amendment

(p) Other non-food cellulosic material as defined in point (s) of the second paragraph of Article 2.

(p) Other non-food cellulosic material as defined in point (s) of the second paragraph of Article 2, excluding energy crops produced on productive agricultural land.

Justification

Energy crops grown on productive agricultural land must be excluded, as they cause comparable land use displacement as food and feed crop production for biofuels.

Amendment 282

Proposal for a directive

Annex IX – Part A – point q

Text proposed by the Commission

Amendment

(q) Other ligno-cellulosic material as defined in point (r) of the second paragraph of Article 2 except saw logs and veneer logs.

(q) Ligno-cellulosic biomass from short rotation coppice established on marginal agricultural land, and waste and residues from agroforestry systems on utilised agricultural area.

Justification

The definition was too broad, as everything woody from forestry as waste and residue is already covered by the point o. The amendment proposes only limited scope of letter q covering utilized agricultural area, marginal land for the main use, and residues and waste from agroforestry systems, branches, bark, leaves etc.

Amendment 283

Proposal for a directive

Annex IX – Part A – point q a (new)

Text proposed by the Commission

Amendment

(qa) Carbon capture and utilisation for transport purposes, if the energy source is renewable in accordance with point (a) of Article 2(2).

Justification

Continuation of the current rule. The existing legal provisions should be maintained. Substitution of fossil carbon and its cascade use are relevant and increasingly important contributions to climate protection.

Amendment 284

Proposal for a directive

Annex IX – Part B – point c

Text proposed by the Commission

Amendment

(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

Justification

Molasses are a by-product of sugar cane used in the agri-food industry, particularly for the production of yeast. Including them in Annex IX would lead to a shortage of raw materials, whereas the non-energy output of molasses offers a higher level of exploitation in line with the hierarchy of waste.

Amendment 285

Proposal for a directive

Annex X – Part A

Calendar year

Minimum share

2021

7.0%

2022

6.7%

2023

6.4%

2024

6.1%

2025

5.8%

2026

5.4%

2027

5.0%

2028

4.6%

2029

4.2%

2030

3.8%

Amendment

Part A: Maximum contribution from liquid biofuels produced from food or feed crops to the EU renewable energy target as referred to in Article 7 paragraph 1

Calendar year

Minimum share

2021

7.0%

2022

6.3%

2023

5.6%

2024

4.9%

2025

4.2%

2026

3.5%

2027

2.8%

2028

2.1%

2029

1.4%

2030

[1] Not yet published in the Official Journal.
[2] OJ C 77, 28.3.2002, p. 1.

EXPLANATORY STATEMENT

The challenge: decarbonising the economy by 2050

The European Parliament is committed to European citizens and their quality of life, and to economic and social development.

The time has come to build a clear, effective legal framework geared towards decarbonisation of the economy, the course charted in the historic Paris Agreement, which was signed in 2015 and has been in force since November 2016.

More than ever, we need to be ambitious in the new Renewable Energy Directive; we have to work towards safe, clean energy that will be accessible to all and help to create jobs.

Europe: a leader in renewable energy?

The substantial expansion now occurring, and likely to continue, in the global renewable energy market offers a major opportunity, both for our industry and for creating high-quality jobs within the EU. Our technological knowledge base, industrial structure, and skilled professionals have enabled us to become a trail-blazer in the worldwide development of renewable energy technologies: these are assets which should be exploited and promoted.

The use of renewable energy sources is also helping to increase the EU’s energy independence by enhancing energy security, as well as making us less vulnerable in relation to outside energy suppliers.

In recent years the investment needed to decarbonise the EU economy has been showing signs of slowing down. One example is the fall-off in renewable energy investment in Europe, contrasting with the investment records being set in other parts of the world.

In support of a new regulatory framework to promote renewable energy

Renewable energy target consistent with full decarbonisation in 2050: 35%

Although the rapporteur welcomes many of the new provisions set out in the Commission proposal, he considers the EU renewable energy target – 27% – to be disappointingly unambitious.

It should be stressed that the October 2014 European Council, which called for a renewable energy target of at least 27%, preceded the signing of the Paris Agreement.

Secondly, an overall target of 27% does not differ greatly from the baseline scenario, which suggests that the figure would stand at 24.3% in 2030 (without factoring in the probable lower costs of more mature renewable technologies).

Furthermore, in 2016 Parliament adopted a resolution calling for the renewable energy target to be at least 30% and, more generally, pointing to the desirability of aiming much higher.

At present, even Parliament’s proposed target seems modest compared with the decarbonisation needs agreed at COP21. What is at stake, therefore, is not just the possibility of attaining the Paris goals, but also the EU’s leadership in the clean energy field.

Several Member States, indeed, are setting targets well above those laid down for 2030.

IRENA (2016), for example, maintains that a global renewable energy figure of 36% for 2030 is not only possible, but also necessary in order to limit the increase in the global average temperature to 2ºC.

For all these reasons, the rapporteur proposes that a binding EU-wide target be set whereby renewables would have to account for 35% of gross final energy consumption by 2030. This minimum target should be met through a joint effort by all the Member States, which should set new binding national targets, also covering the transport sector.

National clean energy commitments

If the current directive (Directive 2009/28/EC) has successfully paved the way to more widespread use of renewables, then that is due largely to the clear-cut approach of setting binding targets at country level.

Binding targets afford certainty to investors, thus lowering ﬁnancial support requirements. In addition, they make for a clear division of responsibilities, enabling corrective measures to be taken in the event of non-compliance.

Given that the Commission has itself ascertained that setting binding national targets is the best way to achieve the 2020 renewable energy goals, it is difficult to accept that they should be abolished. A system of voluntary national contributions amounts to less than a clear signal of ambition.

A flexible, predictable, Europe-oriented financial support framework

The criteria for drawing up market-based support schemes make for greater competition and lower the cost of developing renewable energy sources (RES).

Member States should, however, be allowed to determine their technology mix according to social, environmental, geographical, and climate-related factors. Flexibility in that form also helps to reduce the cost of integrating renewables into the energy system. The rapporteur is therefore proposing to lay down some common general principles for renewable energy support schemes.

The fact of opening up support schemes to RES generators located in other Member States is a way to harmonise and reduce the costs of such schemes by enhancing competitiveness.

The mechanisms for cooperation between Member States could bring benefits in terms of cost-effectiveness to the promotion of renewables. To enable those benefits to be realised while also affording flexibility to Member States, the rapporteur is proposing an arrangement allowing the obligation of opening up support schemes to be replaced by the option of carrying out joint projects.

Regional cooperation should be commensurate with the levels of interconnection necessary to enable variable renewable energy sources to be managed properly and lower the cost of their integration into the energy system. Member States with very low levels of interconnection should not, therefore, be obliged to participate in such arrangements.

Enhancing legal certainty

Sudden changes in support policies for renewable energy sources have led to uncertainty for investors. A number of countries have taken retroactive measures, causing a loss of confidence and insecurity in the renewable energy sector and cutting off funding for new plants. This has led to a danger that the 2020 targets might not be met and weakened local cutting-edge industries in many regions. The EU has to be perceived as an attractive area for investment in renewables, not least on account of the legal certainty afforded by its regulatory framework. That is why Article 6 is being strengthened in order to remove the ambiguities and make it clear that its scope extends to both current and future investments. The system of regulation should be widened so as to encompass transitional periods for changes to the rules and the compensation necessary in order to offset external changes that might discriminate against renewables, given that these could greatly affect the economic viability of projects supported.

Breaking down administrative barriers

Another obstacle to the use of renewables in the EU is the complex administrative procedures and the long waiting times that they entail. The proposed one-stop shops have repeatedly been called for by industry players.

Although a maximum of three years for granting a permit might be a realistic option for larger plants, it seems unduly long where smaller plants are concerned. Time-frames need to be shortened for smaller scale projects that can be implemented without the wide-ranging consultation and assessment required for larger plants.

Consumer involvement in energy transition

Since the current directive was adopted, technological progress and the lower costs of some technologies have encouraged new types of energy management enabling consumers to be placed at the heart of energy policy. These new forms of participation in the energy system should be brought together and promoted. The new directive, therefore, should not only allow the development of self-consumption and renewable communities, but should actively encourage it while averting discrimination or overly cumbersome procedures or burdens. The consumption of self-generated renewable energy remaining outside the grid should not be subject to taxes or charges of any kind.

Citizens in middle or high income brackets often have better access to the start-up capital needed for investment in renewable energy self-generation systems.

However, in a Europe where there are 50 million people living in energy poverty, the use of renewables has a vital role to play in developing a new energy system paradigm that will benefit society as a whole.

Support schemes to promote self-generation should accordingly be designed to reach all consumers, especially those with fewer resources.

Importance of sector-specific targets

Specific targets have to be set for the heating and cooling and transport sectors, given the potential scale of renewable penetration and the fact that these sectors account for roughly 75%[1] of the EU’s final energy consumption. We will not achieve our decarbonisation goals unless efforts are redoubled in those sectors.

As regards heating and cooling, what is needed is not just a higher level of ambition placed on a binding footing, but also measures affording flexibility to Member States which already have high renewable energy penetration rates.

Provision should likewise be made to ensure that measures taken in this sector give special attention to vulnerable households at risk of energy poverty.

Transport accounts for about a third of final energy consumption in the EU, but oil-derived fuels are continuing to an overwhelming extent (94%) to make up the highest proportion. The current directive sets a 10% target for renewable energy in transport, to be met by 2020. In order to make progress in this sector, which causes 35% of the EU’s total CO₂ emissions, the sector-specific target should continue to apply and be updated for 2030. To that end, it is essential to encourage mobility using alternative fuels, for example electro-mobility.

The rapporteur believes that the directive needs to be made more ambitious so as to enable Europe to fulfil its climate action commitments. A lack of ambition regarding renewables not only calls our credibility into question, but, most seriously of all, jeopardises our future development.

[1] Source: Eurostat (2014).

ANNEX: LIST OF ENTITIES OR PERSONSFROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

1. Red Eléctrica Española (REE)
2. Repsol
3. Unión Fotovoltaica Española (UNEF)
4. Dupont Industrial Biosciences
5. Gas Natural Fenosa (GNF)
6. European Commission
7. Government of Denmark
8. Government of the United Kingdom
9. Government of Germany
10. Statoil
11. European Renewable Energies Federation (EREF)
12. Danish Energy Association. DONG Energy
13. Eurelectric
14. ‘Clean Energy For All Europeans Package’: (dinner debate with Orgalime, Electrolux, Bosch, Diehl, and the European Forum for Manufacturing – EFM)
15. Asociación Española de Operadores de Gases Licuados de Petróleo (AOGLP)
16. European Union of Independent Tanker Owners (UPI)
17. Falck Renewables
18. Austrian Biomass Association
19. Austrian Chamber of Agriculture
20. Endesa
21. Metsä Group
22. Arizona Chemical
23. Gas Distributors for Sustainability: GRDF, GNF, Italgas, Galp, and Athenora
24. ‘SolarPower Summit’: European Commission, Eurelectric, Greenpeace, SolarPower Europe, Energy Post, and others
25. Acciona
26. Abengoa
27. EPURE
28. European Biomass Association
29. Association of Public Enterprises and Public Services Austria
30. Government of Sweden
31. COGEN Europe
32. Siemens
33. Seminar on ‘The transition towards a new energy model in Europe’: European Commission, PSOE, UNEF, Asociación Eólica Española, REE, Asociación de Comercializadores de Energía Independiente (ACIE), Asociación General de Consumidores (ASGECO), Iberdrola, Plataforma para un Nuevo Modelo Energético
34. ANPIER
35. Fundación Renovables
36. Climate Action Network (CAN)
37. Ocean Energy Europe
38. Wind Europe
39. Greenpeace
40. North Carolina office of the Southern Environmental Law Center
41. Drax Power Station
42. IDA Group
43. APPA and APPA Biocarburantes
44. Hydrogen Europe
45. International Air Transport Association (IATA)
46. Transport & Environment
47. Birdlife Europe
48. Iberdrola
49. Euroheat & Power
50. EDF
51. European Geothermal Energy Council
52. European Solar Thermal Industry Federation
53. European Hydrogen Association
54. Greenpeace
55. European Copper Institute
56. ENGIE
57. ‘3rd EU Energy Summit’: European Commission, Government of Belgium, Iberdrola, ENEL, 50 Hertz, Wind Europe, and others
58. Government of the Canary Islands
59. Confederation of Swedish Enterprise
60. Scania AB
61. Eurochambres
62. Center for European Policy (CEP)
63. Confederation of European Paper Industries (CEPI)
64. Innogy
65. Arcelormittal
66. Shell
67. REScoop
68. Oxfam
69. EDSO
70. Tesla
71. ‘Biofuels Round Table’: European Commission, Leaders of Sustainable Biofuels (LSB), European Waste-to-Advanced Biofuels Association (EWABA), FEDIOL, ePURE, European Biodiesel Board (EBB), Transport & Environment, and others
72. European Federation of Local Energy Companies (CEDEC)
73. Austrian Federal Economic Chamber
74. ENCE
75. EDP Renovables
76. Spanish Chamber of Commerce in Belgium and Luxembourg (breakfast debate with the European Commission, Acciona, and other Spanish companies)
77. Government of Spain
78. Paikallisvoima ry
79. Rune Henriksen, member of the Norwegian Parliament
80. EREF (breakfast debate with the European Commission and academics:: Fraunhofer Institute Munich, IG Windkraft, and others)
81. True North Venture Partners
82. Eurobat
83. Nordic Council (MPs from Denmark, Iceland, Finland, Norway, and Sweden)
84. European Federation for Intelligent Energy Efficiency Services (EFIEES)
85. European Biogas Association
86. Seminar on ‘Clean Energy Transition and the Revised Renewable Energy Directive’: European Commission, PSOE, ANPIER, Fundación Renovables, and others
87. Council of European Energy Regulators (CEER) / Comisión Nacional del Mercado de la Competencia (CNMC)
88. Snam S.p.A.
89. Platform for Electro-mobility
90. Association of Austrian electricity companies
91. European Ventilation Industry Association (EVIA)
92. FERN
93. Total, ENI, and Neste
94. Council of European Municipalities and Regions
95. Airbus
96. ABB - Wind Sector Initiative
97. Government of Portugal
98. Polish Electricity Association (PKEE)
99. Government of the Netherlands
100. Seminar on ‘Energy Union – the European Parliament decides’

ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS

D(2017)45796

Jerzy Buzek

Chair, Committee on Industry, Research and Energy

PHS 08B046

Brussels

Subject: 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))

Dear Chair,

The Committee on Legal Affairs has examined the proposal referred to above, pursuant to Rule 104 on Recasting, as introduced into the Parliament's Rules of Procedure.

Paragraph 3 of that Rule reads as follows:

“If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible for the subject matter thereof.

In such a case, over and above the conditions laid down in Rules 169 and 170, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.

However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.”

Following the opinion of the Consultative Working Party of the legal services of the Parliament, the Council and the Commission, which has examined the recast proposal, and in keeping with the recommendations of the rapporteur, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such in the proposal and by the Consultative Working Party and that, as regards the codification of the unchanged provisions of the earlier acts with those changes, the proposal contains a straightforward codification of the existing texts, without any change in their substance.

In conclusion, at its meeting of 21 November 2017, the Committee on Legal Affairs, unanimously[1], recommends that the Committee on Industry, Research and Energy, as the committee responsible, can proceed to examine the above proposal in accordance with Rule 104.

Yours sincerely,

Pavel Svoboda

Encl.: Opinion of the Consultative Working Party.

[1] The following Members were present: Isabella Adinolfi, Max Andersson, Joëlle Bergeron, Marie-Christine Boutonnet, Daniel Buda, Jean-Marie Cavada, Mady Delvaux, Rosa Estaràs Ferragut, John Flack, Enrico Gasbarra, Lidia Joanna Geringer de Oedenberg, Sylvia-Yvonne Kaufmann, Gilles Lebreton, António Marinho e Pinto, Jiří Maštálka, Emma McClarkin, Emil Radev, Julia Reda, Evelyn Regner, Pavel Svoboda, József Szájer, Tiemo Wölken, Francis Zammit Dimech.

ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

GROUPE CONSULTATIF

DES SERVICES JURIDIQUES

Brussels, 28.09.2017

OPINION

FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT

THE COUNCIL

THE COMMISSION

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) 767 final/2 of 23.2.2017 - 2016/0382 (COD)

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 29 June 2017 for the purpose of examining the aforementioned proposal submitted by the Commission.

At that meeting[1], an examination of the proposal for a Directive of the European Parliament and of the Council recasting Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC resulted in the Consultative Working Party’s establishing, by common accord, as follows.

1. The following should have been marked with the grey-shaded type generally used for identifying substantive changes:

- in recital 2, the deletion of the words 'The control of European energy consumption';

- in recital 3, the deletion of the final words 'in the transport sector, in which the security of energy supply problem is most acute, and influence the fuel market for transport';

- in recital 20, the deletion of the second sentence of recital 11 of Directive 2009/28/EC, which reads 'In this context, the energy present in oceans and other water bodies in the form of waves, marine currents, tides, ocean thermal energy gradients or salinity gradients should be included';

- in recital 26, the deletion of the words 'national targets', 'flexibility measures' and 'but they remain under Member States’ control in order not to affect their ability to reach their national targets';

- in recital 27, the deletion of the words 'transparency platform';

- in recital 28, the deletion of the final word 'targets' in the first sentence as well as of the second sentence of recital 37 of Directive 2009/28/EC, which reads 'However, to avoid a net increase in greenhouse gas emissions through the diversion of existing renewable sources and their complete or partial replacement by conventional energy sources, only electricity produced by renewable energy installations that become operational after the entry into force of this Directive or by the increased capacity of an installation that was refurbished after that date should be eligible to be counted';

- in recital 34, the deletion of the words 'to provide that such levels are achieved by incorporating a factor for energy from renewable sources in meeting minimum energy performance requirements under Directive 2002/91/EC, relating to a cost-optimal reduction of carbon emissions per building';

- in recital 39, the deletion of the final words 'devices for producing energy from renewable sources';

- in recital 43, the deletion of the last sentence of recital 52 of Directive 2009/28/EC, which reads 'It is important to distinguish between green certificates used for support schemes and guarantees of origin';

- in recital 44, the deletion of the words 'minimum percentage';

- in recital 45, the deletion of the words 'in particular as regards the amount of energy from renewable sources produced by new installations, the Commission should assess the effectiveness of the measures taken by Member States';

- the deletion of the entire wording of recital 56 of Directive 2009/28/EC;

- in recital 48, the deletion of the word 'intermittent';

- in recital 52, the deletion of the words 'support the demonstration and commercialisation phase';

- in recital 70, the deletion of the final words 'and the development of second and third-generation biofuels in the Community and worldwide, and to strengthen agricultural research and knowledge creation in those areas';

- in recital 72, the deletion of the last two sentences of recital 73 of Directive 2009/28/EC, which read 'Forested areas with a canopy cover of between 10 and 30 % should also be included, unless there is evidence demonstrating that their carbon stock is sufficiently low to justify their conversion in accordance with the rules laid down in this Directive. The reference to wetlands should take into account the definition laid down in the Convention on Wetlands of International Importance, especially as Waterfowl Habitat, adopted on 2 February 1971 in Ramsar';

- in recital 81, the deletion of the words 'multilateral and bilateral agreements' and 'such agreements';

- in recital 95, the deletion of the words 'or heavily contaminated' as well as of the last six sentences of recital 85 of Directive 2009/28/EC, which read 'Even if biofuels themselves are made using raw materials from land already in arable use, the net increase in demand for crops caused by the promotion of biofuels could lead to a net increase in the cropped area. This could affect high carbon stock land, which would result in damaging carbon stock losses. To alleviate that risk, it is appropriate to introduce accompanying measures to encourage an increased rate of productivity on land already used for crops, the use of degraded land, and the adoption of sustainability requirements, comparable to those laid down in this Directive for Community biofuel consumption, in other biofuel-consuming countries. The Commission should develop a concrete methodology to minimise greenhouse gas emissions caused by indirect land-use changes. To this end, the Commission should analyse, on the basis of best available scientific evidence, in particular, the inclusion of a factor for indirect land-use changes in the calculation of greenhouse gas emissions and the need to incentivise sustainable biofuels which minimise the impacts of land-use change and improve biofuel sustainability with respect to indirect land-use change. In developing that methodology, the Commission should address, inter alia, the potential indirect land-use changes resulting from biofuels produced from non-food cellulosic material and from ligno-cellulosic material';

- in recital 100, the deletion of the current reference to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission;

- in recital 101, the deletion of the indication 'a 20%';

- in Article 1 and in point (j) of Article 2, the deletion of the word 'national';

- in point (g) of Article 2, the deletion of the words 'or gaseous';

- in Article 7(1), the replacement of the current reference to 'Article 17(2) to (6)' with a reference to 'Article 26(2) to (7)';

- the deletion of the entire wording of paragraph 2 of Article 5 of Directive 2009/28/EC;

- in Article 7(3), the deletion of the words 'Aerothermal, geothermal and hydrothermal';

- in Article 8(1), the deletion of the words 'and may make arrangements for', 'compliance by', 'with the requirements of Article 3(1), (2) and (4)' and 'compliance by another';

- in Article 8(2) and in Article 12(1), the deletion of the word 'three';

- in Article 9(2) and (3) and in Article 10(1), the deletion of the word 'target';

- in Article 9(4), the deletion of the first sentence, which reads 'The period specified under paragraph 3(d) shall not extend beyond 2020', and of the indication '2020' in the second sentence;

- in Article 10(3), the deletion of the wording 'measuring target compliance with the requirements of' and 'concerning national overall targets';

- in Article 13(1), the replacement of the current reference to 'Article 3' with a reference to 'Article 5';

- the deletion of the entire wordings of points (a) and (b) of Article 13(1) of Directive 2009/28/EC;

- in Article 19(13), the replacement of the word 'consumers' with 'customers' and the deletion of the final words 'that comes from installations or increased capacity that became operational after 25 June 2009';

- in Article 26(1), the deletion of the word 'sustainability';

- in Article 27(4), the replacement of the current reference to 'Article 17(2)' with a reference to 'Article 26(7)' and of the current reference to 'Article 17(3), (4) and (5)' with a reference to 'Article 26(2), (3), (4), (5) and (6)';

- in Article 27(6), third subparagraph, the deletion of the word 'transparency';

- in Article 27(6), fifth subparagraph, and (7), the replacement of the current reference to 'Article 17(2) to (5)' with a reference to 'Article 26(2) to (7)';

- in Article 28(1) and (4), the replacement of the current reference to 'Article 17(2)' with a reference to 'Article 26(7)';

- in Article 28(5), the deletion of the words 'particularly with regard to' and of the word 'additions';

- in Article 30(3), the replacement of the indication 'In 2018' with the indication 'In 2026';

- in Article 30(4), the replacement of the indication 'In 2021' with the indication 'In 2032';

- in Article 32(2), the replacement of the indication 'from 5 October 2015' with the indication 'from 1^st January 2021';

- in Article 32(2), (3) and (6), the replacement of the current reference to Article 3(5) with a reference to Article 7(5) and the adding of new references to Article 19(11) and (14) and to Article 25(6);

- in point A of Annex V, the deletion of the indication '52%' in correspondence with the item 'sugar beet ethanol';

- in point B of Annex V, the deletion of the indication '92%' in correspondence with the item 'farmed wood dimethylether';

- in point C(3) of Annex V, the deletion of the formula '(EF – EB)/EF' in correspondence with the item 'farmed wood dimethylether';

- the deletion of the entire wording of point C(8)(b)(ii) of Annex V of Directive 2009/28/EC;

- in point C(8), second subparagraph, of Annex V, the deletion of the number '10';

- the deletion of the entire wording of point C(9)(b) of Annex V of Directive 2009/28/EC;

- the deletion of the entire wording of the second subparagraph of point C(9) of Annex V of Directive 2009/28/EC;

- in point C(10) of Annex V, the deletion of the indication '2009';

- in point C(12) of Annex V, the deletion of the words 'and storage';

- in point C(14) of Annex V, the deletion of the word 'sequestration';

- in point C(15) of Annex V, the deletion of the final words 'to replace fossil-derived CO2 used in commercial products and services';

- in point C(18) of Annex V, the deletion of the wording 'eec + el + those fractions of ep, etd and eee';

- the deletion of the entire wording of the fourth subparagraph of point C(19) of Annex V of Directive 2009/28/EC.

2. In the second subparagraph of paragraph 5 and in the first and fifth subparagraphs of paragraph 6 of Article 27, the reference made to 'Article 31(3)' should be adjusted so as to read as a reference to Article 31(2).

In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing legal text, without any change in its substance.

F. DREXLER H. LEGAL L. ROMERO REQUENA

Jurisconsult Jurisconsult Director General

[1] The Consultative Working Party worked on the basis of the English language version of the proposal, being the master-copy language version of the text under discussion.

OPINION of the Committee on Development (24.10.2017)

for the Committee on Industry, Research and Energy

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))

Rapporteur: Florent Marcellesi

SHORT JUSTIFICATION

European climate and energy policies should be consistent with the objectives of Policy Coherence for Development, as enshrined in Article 208 of the Lisbon Treaty and the Sustainable Development Goals. The transition to renewable energy is of key importance to meet these objectives. Hence, considering that bioenergy can only play a limited role in meeting EU energy demands and while EU bioenergy policy will certainly be used as a template in international negotiations, your rapporteur believes it is of primary importance to ensure that the proposed directive responds to stringent social and environmental sustainability criteria.

To this end, the proposed directive should be strengthened in several ways:

Upgrading the climate ambition of the proposal by increasing the share of renewables to 45% in 2030 with national mandatory targets so as to meet Paris Agreement objectives;

Phasing out fully land-based biofuels by 2030 so as to minimise the negative impacts of bioenergy on land rights, the right to food, biodiversity, soil and the overall indirect land use change impacts. Henceforth, the share of land-based biofuels and bioliquid crops that can be counted towards the transport fuel target under the Directive should be progressively reduced until 2030, when this share will be equal to zero;

Phasing out all policy incentives for biofuels, bioliquids and biomass fuels produced from food and feed crops, or other crops grown on productive agricultural land;

Strenghtening the rules on Indirect Land-use Changes (ILUC), considering that non-food energy crops can contribute to ILUC if produced on land that was used for food production;

Ensuring compliance of the recast directive with the waste hierarchy and the cascading use principles.

Strengthening the safeguards for advanced biofuels, that should effectively reduce greenhouse gas emissions and respond to strong environmental sustainability criteria in case where the use of wastes and residues for energy are incentivised;

Introducing social sustainability criteria, taking into account that land conflicts resulting i.e. from large-scale agricultural investments to produce feedstock are on the rise. Consequently, the Directive should be consistent with international tenure rights standards, which are all the more important in countries where customary rights are not clearly recognised in statutory law, and where rural indigenous populations have a history of being displaced by conservation projects.

AMENDMENTS

The Committee on Development calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:

Amendment 1 Proposal for a directive Recital 8
Text proposed by the Commission	Amendment
(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 Union and national binding renewable energy targets for 2030 would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors.
Justification
The fulfilment of the objectives of the Paris Agreement implies to increase the share of renewable energy at both the EU and Member State level. Member State targets that are consistent with the EU target will help to ensure that the global EU target will be effectively met.
Amendment 2 Proposal for a directive Recital 15 a (new)
Text proposed by the Commission	Amendment
	(15a) The use of biomass for energy involves significant opportunity cost linked to the depletion or loss of ecosystems. Member States should refrain from subsidising or mandating the use of feedstocks for energy where such use would have a negative impact on land rights, food rights, biodiversity, soil or the overall greenhouse gas balance.
Justification
The 2030 Agenda is a transformative political framework to eradicate poverty and achieve sustainable development globally. Henceforth, EU Actions taken to implement the Paris Agreement on Climate Change must be consistent with the fulfilment of its 17 SDGs and address the essential interlinkages between its goals and targets.
Amendment 3 Proposal for a directive Recital 15 b (new)
Text proposed by the Commission	Amendment
	(15b) The promotion of renewable energy sources should be based on the principle of cascading use, in particular with respect to forest and agricultural biomass, and the circular economy. Support schemes promoting the use of renewable energy sources should not undermine the principles of the circular economy or the waste hierarchy, which rank waste management options according to their sustainability and give the highest priority to preventing and recycling waste.
Justification
The EU and its Member States must implement the 2030 Agenda across all internal and external policies in a comprehensive and strategic approach, integrating in a balanced and coherent manner the three dimensions of sustainable development, and addressing the interlinkages between the different SDGs as well as the broader impacts of their domestic actions at international and global level.
Amendment 4 Proposal for a directive Recital 15 c (new)
Text proposed by the Commission	Amendment
	(15c) 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 5 Proposal for a directive Recital 17
Text proposed by the Commission	Amendment
(17) The opening of support schemes to cross-border participation limits negative impacts on the internal energy market and can, under certain conditions, help Member States achieve the Union target more cost-efficiently. Cross-border participation is also the natural corollary to the development of the Union renewables policy, with a Union-level binding target replacing national binding targets. It is therefore appropriate to require Member States to progressively and partially open support to projects located in other Member States, and define several ways in which such progressive opening may be implemented, ensuring compliance with the provisions of the Treaty on the Functioning of the European Union, including Articles 30, 34 and 110.	(17) The opening of support schemes to cross-border participation limits negative impacts on the internal energy market and can, under certain conditions, help Member States achieve the Union target more cost-efficiently. Cross-border participation is also the natural corollary to the development of the Union renewables policy, with a Union-level binding target accompanying national binding targets. It is therefore appropriate to require Member States to progressively and partially open support to projects located in other Member States, and define several ways in which such progressive opening may be implemented, ensuring compliance with the provisions of the Treaty on the Functioning of the European Union, including Articles 30, 34 and 110.
Justification
The fulfilment of the objectives of the Paris Agreement implies to increase the share of renewable energy at both the EU and Member State level. Member State targets that are consistent with the EU target will help to ensure that the global EU target will be effectively met.
Amendment 6 Proposal for a directive Recital 25
Text proposed by the Commission	Amendment
(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 Council²⁵, 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 waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council²⁵, the Union sustainability criteria, the principle of cascading use, and the need to ensure that that Annex does not create additional demand for land while promoting the use of wastes and residues, the Commission, when regularly evaluating that Annex, should consider the inclusion of additional feedstocks that are able to deliver substantial greenhouse gas emission savings based on a lifecycle assessment, taking into account indirect emissions related to any displacement effects, and that do not cause significant distortive effects on markets for (by-)products, wastes or residues.
__________________	__________________
²⁵ 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).	²⁵ 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).
Justification
Few feedstock materials are truly available emissions free. If materials are diverted from their current uses to produce biofuel, the other users will be impacted. A displacement analysis identifying what materials would be used to replace the feedstock, and the emissions associated with it, is necessary for understanding the climate impact of using that material for alternative fuel. In line with EU Circular Economy and Forest Strategies, the biomass cascading use principle should be taken into account.
Amendment 7 Proposal for a directive Recital 50 a (new)
Text proposed by the Commission	Amendment
	(50a) 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 8 Proposal for a directive Recital 62
Text proposed by the Commission	Amendment
(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 non-fuel demand by intensifying current production or by bringing non-agricultural land into production elsewhere. The use of non-agricultural land for agriculture constitutes indirect land use change and can lead to significant greenhouse gas emissions when it involves the conversion of land with high carbon stock. 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, and to include an estimate for indirect land use change in the calculation of greenhouse gas emissions.
Justification
The phenomenon of indirect land use change (ILUC) should be clearly recognised and taken into account in the provisions of the Directive.
Amendment 9 Proposal for a directive Recital 64
Text proposed by the Commission	Amendment
(64) Advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non-biological origin, and renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost-effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. The incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels.	(64) Advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non-biological origin, and renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost-effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. However, non-food feedstocks can result in associated land use change emissions or other indirect emissions. In order to account for indirect emissions relating to the displacement of current uses for some of the feedstock, estimates should be included in the calculation of greenhouse gas emissions. It is possible that those estimates change as additional data become available or as the markets for those non-food feedstocks change over time. They should therefore be kept under regular review. The incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels.
Justification
A displacement analysis identifying what materials would be used to replace the feedstock, and the emissions associated with it, is necessary for understanding the climate impact of using that material for alternative fuel.
Amendment 10 Proposal for a directive Recital 69 a (new)
Text proposed by the Commission	Amendment
	(69a) The production of biofuels, and hence the goals and timetables which concern them, should not cause any changes to land use and should not, in any way, affect the food chain.
Amendment 11 Proposal for a directive Recital 69 b (new)
Text proposed by the Commission	Amendment
	(69b) Union biofuel policy could have implicit adverse impacts not only on the environment but also on the life of local communities, land rights and food security if sustainability and human rights safeguards are not put in place.
Amendment 12 Proposal for a directive Recital 73
Text proposed by the Commission	Amendment
(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 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 while the absence of such drainage cannot be easily verified.
Justification
Peatlands and wetlands represent habitats of high conservation value hosting some of the most important carbon stores in the EU and on earth. However, when degraded, they emit vast amounts of greenhouse gases.
Amendment 13 Proposal for a directive Recital 73 a (new)
Text proposed by the Commission	Amendment
	(73a) Agricultural and forestry residues for the production of biofuels, bioliquids and biomass fuels should be cultivated and harvested using practices that are consistent with the protection of soil quality and soil organic carbon.
Justification
EU agricultural policy should be consistent with EU’s commitments towards climate change and eradication of poverty. The environmental challenges traditionally faced by agriculture worldwide are being exacerbated by climate change. More than ever, farmers have to contribute to climate change mitigation through the use of sustainable farming practises.
Amendment 14 Proposal for a directive Recital 95 a (new)
Text proposed by the Commission	Amendment
	(95a) The biofuel policies of the Union and the Member States should be consistent with the UN’s Sustainable Development Goals and the principle of Policy Coherence for Development as enshrined in the Treaty of Lisbon. In particular, the Union and the Member States should ensure that their biofuel policies do not have a negative impact on developing countries and respect the tenure rights of local residents as prescribed in the Convention concerning Indigenous and Tribal Peoples in Independent Countries (No 169) of the International Labour Organization (ILO)) as well as the UN’s Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, the Principles for Responsible Investment in Agriculture and Food Systems and the OECD-FAO Guidance for Responsible Agricultural Supply Chains.
Justification
The Paris Agreement requires parties to, in the course of taking action on climate change, respect international human rights obligations and the rights of indigenous peoples. It also says climate actions must be achieved on the basis of equity and in the context of sustainable development and efforts to eradicate poverty. Considering that EU biofuel policy can pressure on land abroad, it is important to ensure these do not impinge upon local residents' existing tenure rights.
Amendment 15 Proposal for a directive Recital 99
Text proposed by the Commission	Amendment
(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 including associated estimated indirect emissions; 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.
Justification
Making clear that indirect emissions are fully taken into consideration when considering the different feedstocks.
Amendment 16 Proposal for a directive Recital 101 a (new)
Text proposed by the Commission	Amendment
	(101a) 1.4 billion people in the world lack access to electricity. About 3 billion people rely on traditional fuels such as coal and wood for cooking, and often have poor ventilation in their homes. Nearly 2 million people die each year from pneumonia and chronic lung disease from using those fuels.
Amendment 17 Proposal for a directive Recital 101 b (new)
Text proposed by the Commission	Amendment
	(101b) 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 18 Proposal for a directive Recital 101 c (new)
Text proposed by the Commission	Amendment
	(101c) 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 19 Proposal for a directive Article 1 – paragraph 1
Text proposed by the Commission	Amendment
This Directive establishes a common framework for the promotion of energy from renewable sources. It sets a binding Union target for the overall share of energy from renewable sources in gross final consumption of energy in 2030 . It also lays down rules on financial support to electricity produced from renewable sources, self-consumption of renewable electricity, and renewable energy use in the heating and cooling and transport sectors, regional cooperation between Member States and with third countries, guarantees of origin, administrative procedures and information and training. It establishes sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels.	This Directive establishes a common framework for the promotion of energy from renewable sources. It sets mandatory Union and national targets for the overall share of energy from renewable sources in gross final consumption of energy in 2030. It also lays down rules on financial support to electricity produced from renewable sources, self-consumption of renewable electricity, and renewable energy use in the heating and cooling and transport sectors, regional cooperation between Member States and with third countries, guarantees of origin, administrative procedures, and information and training. It establishes sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels.
Justification
The fulfilment of the objectives of the Paris Agreement implies to increase the share of renewable energy at both the EU and Member State level. Member State targets that are consistent with the EU target will help to ensure that the global EU target will be effectively met.
Amendment 20 Proposal for a directive Article 2 – paragraph 2 – point n a (new)
Text proposed by the Commission	Amendment
	(na) ‘energy crops’ means crops produced on agricultural land as a main crop, excluding residue and waste, which are grown primarily for the purpose of energy;
Justification
Clarification of definition.
Amendment 21 Proposal for a directive Article 3 – title
Text proposed by the Commission	Amendment
Union binding overall target for 2030	Union and national binding overall targets for 2030
Justification
Necessary for consistency with Article 1.
Amendment 22 Proposal for a directive Article 3 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. Member States shall ensure, in meeting the objectives set out in paragraph 3, that their national targets are designed to comply with the waste hierarchy established in Directive 2008/98/EC, in particular with respect to the consumption of forest and agricultural biomass for energy purposes, and to meet the principles of the circular economy and cascading use. To that end, Member States shall review their national targets regularly to ensure conformity with those principles.
Justification
The EU and its Member States must implement the 2030 Agenda across all internal and external policies, address the interlinkages between the different SDGs as well as the broader impacts of their domestic actions at international and global level. Accordingly, these principles of circular economy and cascading use should be applied where relevant, including in the present directive, with the view to act as a template for third countries.
Amendment 23 Proposal for a directive Article 11 – paragraph 2 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) the electricity has been produced in accordance with international law, including human rights law.
Justification
The provisions of the Directive should not inadvertently reward electricity production under conditions that contravene international law.
Amendment 24 Proposal for a directive Article 11 – paragraph 3 – point e
Text proposed by the Commission	Amendment
(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.
Justification
Necessary for consistency with the preceding paragraph, point c a, added through amendment 25.
Amendment 25 Proposal for a directive Article 11 – paragraph 5 – point d
Text proposed by the Commission	Amendment
(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.
Justification
Necessary for consistency with the preceding paragraph 2, point c a, added through amendment 25.
Amendment 26 Proposal for a directive Article 19 – paragraph 11
Text proposed by the Commission	Amendment
11. Member States shall not recognise guarantees of origins issued by a third country except where the Commission has signed an agreement with that third country on mutual recognition of guarantees of origin issued in the Union and compatible guarantees of origin systems established in that country, where there is direct import or export of energy. The Commission is empowered to adopt delegated acts in accordance with Article 32 to enforce these agreements.	11. Member States shall not recognise guarantees of origins issued by a third country except where the Commission has signed an agreement with that third country on mutual recognition of guarantees of origin issued in the Union and compatible guarantees of origin systems established in that country, where there is direct import or export of energy. The Commission is empowered to adopt delegated acts in accordance with Article 32 to enforce these agreements. Those agreements shall comply with international law, including human rights law, as well as with all relevant decisions of the Commission and the case-law of the Court of Justice of the European Union.
Justification
The possibility to include imported electricity from renewable sources in the calculation of the share of renewable energy should comply with international and EU law. It should not lead to any lowering of human rights standards or entail any unfair competition.
Amendment 27 Proposal for a directive Article 25 – paragraph 1 – subparagraph 4 – point b – subparagraph 1
Text proposed by the Commission	Amendment
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, and renewable electricity supplied to all transport sectors, shall be taken into account.
Justification
The 2030 Agenda and its 17 SDGs are universal and apply to all countries at all stages of development, based on national ownership and shared responsibility. It is not appropriate to include fossil fuels mandates - even waste based - to the Renewable Energy Directive, especially in a context where EU’s energy policy could be used as a template in international negotiations..
Amendment 28 Proposal for a directive Article 25 – paragraph 1 – subparagraph 4 – point c a (new)
Text proposed by the Commission	Amendment
	ca) for the calculation of both numerator and denominator, only biofuels and bioliquids that are produced from feedstock derived or produced in the Union shall be taken into account.
Justification
For the purposes of sustainability and to take into account LUC and ILUC effects, only those biofuels/bioliquids should be considered sustainable that are produced from raw materials (including waste) that originate from the EU.
Amendment 29 Proposal for a directive Article 26 – paragraph 5 – point a – point v
Text proposed by the Commission	Amendment
v) harvesting does not exceed the long-term production capacity of the forest;	v) harvesting maintains or improves the long-term productivity capacity of the forest;
Amendment 30 Proposal for a directive Article 26 – paragraph 5 – point b – point i
Text proposed by the Commission	Amendment
i) the forest biomass has been harvested according to a legal permit;	i) the forest biomass has been harvested legally;
Amendment 31 Proposal for a directive Article 26 – paragraph 5 – point b – point v
Text proposed by the Commission	Amendment
v) harvesting does not exceed the long-term production capacity of the forest.	v) harvesting maintains or improves the long-term productivity capacity of the forest.
Amendment 32 Proposal for a directive Article 26 – paragraph 6 a (new)
Text proposed by the Commission	Amendment
	6a. Biofuels, bioliquids and biomass fuels produced from agricultural and forest biomass taken into account for the purposes referred to in points (a), (b) and (c) of first subparagraph of paragraph 1 shall meet the following requirements:
	(a) raw material is obtained from lands or forests for which third parties’ rights concerning use and tenure of the land or forest are respected by obtaining free, prior and informed consent of these third parties, with the participation of representative institutions and organisations;
	(b) human and labour rights of third parties are respected; and
	(c) the availability of food and feed for third parties is not at risk.
	Against that background, the rights of tenure of local residents, in accordance with ILO Convention No 169, as well as the UN’s Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, the Principles for Responsible Investment in Agriculture and Food Systems and the OECD-FAO Guidance for Responsible Agricultural Supply Chains shall be fully respected as a matter of priority.
	For the purposes of this paragraph, the term ‘third parties’ refers to local and indigenous communities or any other persons involved in the production or harvesting of raw materials or affected by the operations to produce or extract raw material.
Justification
The cultivation and harvesting of biomass should protect third parties’ rights, respect labour laws and guard against adverse impacts on food security.
Amendment 33 Proposal for a directive Article 26 – paragraph 10
Text proposed by the Commission	Amendment
10. For the purposes referred to in points (a), (b) and (c) of paragraph 1, Member States may place additional sustainability requirements for biomass fuels.	10. For the purposes referred to in points (a), (b) and (c) of paragraph 1, Member States may place additional sustainability requirements for biofuels, bioliquids and biomass fuels.
Justification
Member States’ right to place additional sustainability requirement should not be limited to biomass fuels.
Amendment 34 Proposal for a directive Article 27 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. Member States shall take measures to establish adequate, comprehensive and human-rights based sustainability safeguards for the use of biofuels in order to tackle land rights issues and other rights-related implications of biofuel production and importation.
Amendment 35 Proposal for a directive Article 28 – paragraph 1 – point a
Text proposed by the Commission	Amendment
(a) where a default value for greenhouse gas emission saving for the production pathway is laid down in part A or B of Annex V for biofuels and bioliquids and in part A of Annex VI for biomass fuels where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V and for those biomass fuels calculated in accordance with point 7 of part B of Annex VI is equal to or less than zero, by using that default value;	(a) where a default value for greenhouse gas emission saving for the production pathway is laid down in part A or B of Annex V for biofuels and bioliquids and in part A of Annex VI for biomass fuels where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V and for those biomass fuels calculated in accordance with point 7 of part B of Annex VI is equal to or less than zero, by using that default value and deducting from it the default reduction of greenhouse gas emissions savings from indirect land use change as set out in Part A of Annex VIII or from indirect emissions as set out in Part Ba thereof;
Justification
Few feedstock materials are truly available emissions free. If materials are diverted from their current uses to produce biofuel, the other users will be impacted. Indirect carbon estimates based on a displacement analysis identifying what materials would be used to replace the feedstock, and the emissions associated with it, should be used in the calculation for GHG savings to reflect the climate impact of using that material for alternative fuel.
Amendment 36 Proposal for a directive Article 28 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V for biofuels and bioliquids and in part B of Annex VI for biomass fuels ;	(b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V for biofuels and bioliquids and in part B of Annex VI for biomass fuels and deducting from it the default reduction of greenhouse gas emissions savings from indirect land use change as set out in in Part A of Annex VIII or from indirect emissions as set out in Part Ba thereof;
Justification
Few feedstock materials are truly available emissions free. If materials are diverted from their current uses to produce biofuel, the other users will be impacted. Indirect carbon estimates based on a displacement analysis identifying what materials would be used to replace the feedstock, and the emissions associated with it, should be used in the calculation for GHG savings to reflect the climate impact of using that material for alternative fuel. This amendment is inextricably linked to the amendment on Article 25 (1).
Amendment 37 Proposal for a directive Article 28 – paragraph 1 – point c
Text proposed by the Commission	Amendment
(c) by using a value calculated as the sum of the factors of the formulas referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors; or	(c) by using a value calculated as the sum of the factors of the formulas referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors and deducting from the value calculated the default reduction of greenhouse gas emissions savings from indirect land use change as set out in Part A of Annex VIII or from indirect emissions as set out in Part Ba thereof; or
Justification
Few feedstock materials are truly available emissions free. If materials are diverted from their current uses to produce biofuel, the other users will be impacted. Indirect carbon estimates based on a displacement analysis identifying what materials would be used to replace the feedstock, and the emissions associated with it, should be used in the calculation for GHG savings to reflect the climate impact of using that material for alternative fuel.
Amendment 38 Proposal for a directive Article 28 – paragraph 1 – point d
Text proposed by the Commission	Amendment
(d) by using a value calculated as the sum of the factors of the formulas referred to in point 1 of part B of Annex VI, where disaggregated default values in part C of Annex VI may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part B of Annex VI, for all other factors.	(d) by using a value calculated as the sum of the factors of the formulas referred to in point 1 of part B of Annex VI, where disaggregated default values in part C of Annex VI may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part B of Annex VI, for all other factors and deducting from the value calculated the default reduction of greenhouse gas emissions savings from indirect land use change as set out in Part A of Annex VIII.
Justification
Few feedstock materials are truly available emissions free. If materials are diverted from their current uses to produce biofuel, the other users will be impacted. Indirect carbon estimates based on a displacement analysis identifying what materials would be used to replace the feedstock, and the emissions associated with it, should be used in the calculation for GHG savings to reflect the climate impact of using that material for alternative fuel.
Amendment 39 Proposal for a directive Article 30 – paragraph 1
Text proposed by the Commission	Amendment
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 [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.
Justification
A comprehensive approach that allows comparisons should be taken.
Amendment 40 Proposal for a directive Article 30 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. By 31 December 2023, the Commission shall assess whether the criteria set out in Article 26 effectively prevent the use of unsustainable forest and agricultural biomass, support cascading use of biomass and address its direct and indirect carbon emissions including from the forestry sector, and shall, if appropriate, put forward a legislative proposal to amend the relevant requirements.
Justification
This amendment is inextricably linked to the introduction of new sustainability criteria for forest and agricultural bioenergy and amendments to Article 26.
Amendment 41 Proposal for a directive Annex IX – part Part A – point g
Text proposed by the Commission	Amendment
(g) Palm oil mill effluent and empty palm fruit bunches.	deleted
Justification
EU’s energy policy should be consistent with the principle of Policy Coherence for Development and the fulfilment of the 2030 Agenda. These feedstocks are linked to the production of unsustainable first generation biofuels and will increase their economic value, thereby jeopardising i.e. the right to food and land rights in developing countries.
Amendment 42 Proposal for a directive Annex IX – part Part A – point i
Text proposed by the Commission	Amendment
(i) Crude glycerine.	deleted
Justification
This feedstock is linked to the production of unsustainable biodiesel.
Amendment 43 Proposal for a directive Annex IX – part Part A – point p
Text proposed by the Commission	Amendment
(p) Other non-food cellulosic material as defined in point (s) of the second paragraph of Article 2.	deleted
Justification
The promotion of land using energy crops are not compatible with the EU’s commitment to the 2030 Agenda for Sustainable Development.
Amendment 44 Proposal for a directive Annex IX – part Part A – point q
Text proposed by the Commission	Amendment
(q) Other ligno-cellulosic material as defined in point (r) of the second paragraph of Article 2 except saw logs and veneer logs.	deleted
Justification
Only the use of genuine wood waste should be incentivized to avoid deforestation or over exploitation of forests.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Promotion of the use of energy from renewable sources (recast)
References	COM(2016)0767 – C8-0500/2016 – 2016/0382(COD)
Committee responsible Date announced in plenary	ITRE 1.3.2017
Opinion by Date announced in plenary	DEVE 15.6.2017
Rapporteur Date appointed	Florent Marcellesi 6.4.2017
Discussed in committee	30.8.2017
Date adopted	10.10.2017
Result of final vote	+: –: 0:	15 11 0
Members present for the final vote	Beatriz Becerra Basterrechea, Ignazio Corrao, Nirj Deva, Doru-Claudian Frunzulică, Enrique Guerrero Salom, Maria Heubuch, György Hölvényi, Teresa Jiménez-Becerril Barrio, Arne Lietz, Norbert Neuser, Vincent Peillon, Maurice Ponga, Lola Sánchez Caldentey, Eleftherios Synadinos, Eleni Theocharous, Patrizia Toia, Paavo Väyrynen, Bogdan Brunon Wenta, Anna Záborská, Joachim Zeller, Željana Zovko
Substitutes present for the final vote	Marina Albiol Guzmán, Thierry Cornillet, Brian Hayes, Cécile Kashetu Kyenge, Florent Marcellesi

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

15	+
ALDE	Beatriz Becerra Basterrechea, Thierry Cornillet, Paavo Väyrynen
EFDD	Ignazio Corrao
GUE/NGL	Marina Albiol Guzmán, Lola Sánchez Caldentey
S&D	Doru-Claudian Frunzulică, Enrique Guerrero Salom, Cécile Kashetu Kyenge, Arne Lietz, Norbert Neuser, Vincent Peillon, Patrizia Toia
Verts/ALE	Maria Heubuch, Florent Marcellesi

11	-
ECR	Nirj Deva, Eleni Theocharous
NI	Eleftherios Synadinos
PPE	Brian Hayes, György Hölvényi, Teresa Jiménez-Becerril Barrio, Maurice Ponga, Bogdan Brunon Wenta, Joachim Zeller, Željana Zovko, Anna Záborská

0	0

Key to symbols:

+ : in favour

- : against

0 : abstention

OPINION of the Committee on the Environment, Public Health and Food Safety (13.11.2017)

for the Committee on Industry, Research and Energy

Rapporteur: Bas Eickhout

SHORT JUSTIFICATION

The Union and its Member States have ratified the Paris Agreement, with the commitment to holding the increase of global average temperature to well below 2°C while pursuing efforts to limit to 1.5°C. Fast transition to renewable energy is of key importance to meet these objectives.

The Commission proposal comes forward with an overall EU target of at least 27% renewables, representing a mere 6% increase from the expected share of renewables in 2020 over 10 years and in fact slowing down the rate of uptake of renewables from previous period. The Rapporteur proposes to increase the level of ambition to 35% RES share in 2030, with national mandatory targets, with priority access and with a system of guarantees of origin that only serves as a traceability and accounting tool.

When legislators drive the use of certain energy sources through targets and subsidies, they bear the responsibility for eventual negative consequences to the environment or the economy as a whole, hence sufficient safeguards in line with the precautionary principle must be foreseen. From the climate perspective only bioenergy produced from wastes and residues should be promoted, with appropriate safeguards regarding the protection of soil quality, soil carbon and biodiversity, and displacing other uses. A policy that risks increasing emissions or reducing the natural forest carbon sink will be counterproductive to meeting Paris Agreement objectives.

For transport, the proposal aims at slowly shifting EU support from crop-based biofuels towards better renewable transport fuels such as advanced biofuels and renewable electricity. The cap on crop-based biofuels that can be counted towards the renewable energy targets is gradually reduced from 7 to 0% in 2030. The contribution from biofuels and bioliquids produced from palm oil should be 0 from 2021. The Commission should develop a methodology to certify low indirect land-use change-risk biofuels and bioliquids.

The proposal also sets an obligation on fuel suppliers to incorporate gradually up to 9% advanced biofuels, renewable electricity and carbon capture and utilisation fuels to the transport fuels they provide by 2030. This minimum share should equal a reduction of greenhouse gas emission intensity of at least 7% compared to 2020. It is important to make sure that those biofuels represent significant greenhouse gas emission reductions. Few feedstock materials are truly available emissions free. If materials are diverted from their current uses to produce biofuel, the other users will be impacted. Indirect carbon estimates based on a displacement analysis identifying what materials would be used to replace the feedstock, and the emissions associated with it, should be used in the calculation towards the greenhouse gas savings threshold of advanced fuels.

It is not appropriate to include fossil fuels mandates - even waste based - to the Renewable Energy Directive. Waste-based fossil fuels should be promoted through other instruments in the context of Union Circular Economy Strategy.

Renewable electricity is the cleanest fuel available for the transport sector and is currently the most sustainably scalable solution. Wide-scale deployment of electric transportation, however, needs incentives at both the demand and the supply side. A sufficient recharging network is a key element in promoting the uptake of electric vehicles.

Advanced biofuels are expected in the long term, mainly to play an important role in reducing greenhouse gas emissions of aviation. The renewable energy supplied to aviation will count towards the overall transport incorporation obligation.

The draft opinion also aims at simplifying and reducing administrative burden. One of the measures proposed in this regard is the introduction of an EU wide database instead of 28 national databases in which fuel suppliers document the transfers made to fulfil their incorporation obligation.

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Industry, Research and Energy, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(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. In its resolution on the renewable energy progress report, the European Parliament went further, stressing that, in light of the Paris Agreement, a Union target significantly more ambitious was desirable.

Amendment 2

Proposal for a directive

Recital 7


Text proposed by the Commission	Amendment
(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 binding targets. 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].

Amendment 3

Proposal for a directive

Recital 8


Text proposed by the Commission	Amendment
(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 Union and national binding renewable energy targets for 2030 would continue to encourage the development of technologies which generate renewable energy and provide certainty for investors.

Amendment 4

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

Justification

Amendment is linked to the sustainability criteria in Art. 26, which is one of the crucial elements of the recast of the Renewable Energy Directive.

Amendment 5

Proposal for a directive

Recital 10


Text proposed by the Commission	Amendment
(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.	(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 35 % 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].

Amendment 6

Proposal for a directive

Recital 10 a (new)

Text proposed by the Commission

Amendment

(10a) The promotion of energy from renewable sources should be based on the principles of the circular economy and the cascading use of resources in order to increase resource efficiency for products and materials and minimise the generation of waste. This Directive should therefore be consistent with these principles and further promote the reprocessing of waste into secondary raw materials in accordance with the targets established in Directive 2008/98/EC.

Justification

The renewables directive should embrace circular economy principles and promote the secondary raw materials market.

Amendment 7

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) In order to support Member States' ambitious contributions to the Union target, a financial framework aiming to facilitate investments in renewable energy projects in those Member States should be established, also through the use of financial instruments.

(11) In order to support Member States in reaching their targets, a financial framework aiming to facilitate investments in renewable energy projects in those Member States should be established, also through the use of financial instruments.

Amendment 8

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13) The Commission should facilitate the exchange of best practices between the competent national or regional authorities or bodies, for instance through regular meetings to find a common approach to promote a higher uptake of cost-efficient renewable energy projects, encourage investments in new, flexible and clean technologies, and set out an adequate strategy to manage the retirement of technologies which do not contribute to the reduction of emissions or deliver sufficient flexibility, based on transparent criteria and reliable market price signals.

(13) The Commission should facilitate the exchange of best practices between the competent national or regional and local authorities or bodies, for instance through regular meetings to find a common approach to promote a higher uptake of cost-efficient renewable energy projects, encourage investments in new, flexible and clean technologies, and set out an adequate strategy to manage the retirement of technologies which do not contribute to the reduction of emissions or deliver sufficient flexibility, based on transparent criteria and reliable market price signals.

Amendment 9

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

Justification

With a view to phasing in a circular economy, renewable energy support schemes should not distort intersectoral competition for biomass supply.

Amendment 10

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16) Electricity generation from renewable sources, including energy storage, should be deployed with the best possible cost-efficiency 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, including the development of high-voltage, electric power transmission systems, the resulting energy mix, and the long term potential of technologies.

Amendment 11

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a) The planning of theinfrastructure needed for electricity generation from renewable sources should pay due respect to policies related to the participation of those affected by the projects, including any indigenous populations, and paying due respect to their land rights.

Amendment 12

Proposal for a directive

Recital 16 b (new)

Text proposed by the Commission

Amendment

(16b) 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 regards to renewable energies and avoid technological lock-in.

Amendment 13

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) The opening of support schemes to cross-border participation limits negative impacts on the internal energy market and can, under certain conditions, help Member States achieve the Union target more cost-efficiently. Cross-border participation is also the natural corollary to the development of the Union renewables policy, with a Union-level binding target replacing national binding targets. It is therefore appropriate to require Member States to progressively and partially open support to projects located in other Member States, and define several ways in which such progressive opening may be implemented, ensuring compliance with the provisions of the Treaty on the Functioning of the European Union, including Articles 30, 34 and 110.

(17) The opening of support schemes to cross-border participation limits negative impacts on the internal energy market and can, under certain conditions, help Member States achieve the Union target more cost-efficiently. Cross-border participation is also the natural corollary to the development of the Union renewables policy, with a Union-level binding target accompanying national binding targets. It is therefore appropriate to require Member States to progressively and partially open support to projects located in other Member States, and define several ways in which such progressive opening may be implemented, ensuring compliance with the provisions of the Treaty on the Functioning of the European Union, including Articles 30, 34 and 110.

Amendment 14

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20) It is necessary to set transparent and unambiguous rules for calculating the share of energy from renewable sources and for defining those sources.

(20) It is necessary to set transparent and unambiguous rules for calculating the share of energy from renewable sources and for defining those sources. In that context, the energy present in oceans and other bodies of water in the form of waves, marine currents, tides, ocean thermal energy gradients or salinity gradients should be included.

Justification

In the light of the potential offered by renewable marine energies, it is important to keep this reference in the current Directive.

Amendment 15

Proposal for a directive

Recital 20 a (new)

Text proposed by the Commission

Amendment

(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 shouldtherefore strive to create the regulatory and economic conditions conducive to their deployment.

Amendment 16

Proposal for a directive

Recital 24 a (new)

Text proposed by the Commission

Amendment

Amendment 17

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

__________________

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 18

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission

Amendment

Amendment 19

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26) To create opportunities for reducing the cost of meeting the Union target laid down in this Directive and to give flexibility to Member States to comply with their obligation not to go below their 2020 national targets after 2020, it is appropriate both to facilitate the consumption in Member States of energy produced from renewable sources in other Member States, and to enable Member States to count energy from renewable sources consumed in other Member States towards their own renewable energy share. For this reason, cooperation mechanisms are required to complement the obligations to open up support to projects located in other Member States. Those mechanisms include statistical transfers, joint projects between Member States or joint support schemes.

(26) To create opportunities for reducing the cost of meeting the targets laid down in this Directive and to give flexibility to Member States to comply with their obligation not to go below their 2020 national targets after 2020, it is appropriate both to facilitate the consumption in Member States of energy produced from renewable sources in other Member States, and to enable Member States to count energy from renewable sources consumed in other Member States towards their own renewable energy share. For this reason, cooperation mechanisms are required to complement the obligations to open up support to projects located in other Member States. Those mechanisms include statistical transfers, joint projects between Member States or joint support schemes.

Amendment 20

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(27) Member States should be encouraged to pursue all appropriate forms of cooperation in relation to the objectives set out in this Directive. Such cooperation can take place at all levels, bilaterally or multilaterally. Apart from the mechanisms with effect on target renewable energy share calculation and target compliance, which are exclusively provided for in this Directive, namely statistical transfers between Member States, joint projects and joint support schemes, cooperation should also take place within the framework of macro-regional partnership as established by Regulation (EU) ... [Governance] and can also take the form of, for example, exchanges of information and best practices, as provided for, in particular, in the e-platform established by Regulation [Governance], and other voluntary coordination between all types of support schemes. The Commission's Trans-European Networks for Energy (TEN-E) strategy should support the objectives of this Directive and set out additional incentives for cross-border cooperation as well as regional cooperation between Member States in the area of renewable energy.

Justification

One of the aims of the European Energy Union is to promote a better exchange and coordination between the Member States on their energy policies. This should also be reflected by this Directive in coherence with other EU tools for cross-border infrastructure projects like the TEN-E strategy.

Amendment 21

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28) It should be possible for imported electricity, produced from renewable energy sources outside the Union to count towards Member States’ targets. 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.

__________________

¹⁸ OJ L 198, 20.7.2006, p. 18.

Amendment 22

Proposal for a directive

Recital 33

Text proposed by the Commission

Amendment

Justification

Especially in view of this Directive’s objective to promote Renewable Energy Communities, the local level has and will play a crucial role in delivering on the EU’s targets for energy savings and renewable deployment.

Amendment 23

Proposal for a directive

Recital 35

Text proposed by the Commission

Amendment

(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.

__________________

Amendment 24

Proposal for a directive

Recital 45

Text proposed by the Commission

Amendment

(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 renewable energy sources injected into electricity and gas grids are 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 and injected into both electricity and gas grid. 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 renewable energy 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.

Justification

Member States must ensure that guarantees of origin are issued for all units of both electricity and gas from renewable sources.

Amendment 25

Proposal for a directive

Recital 49 a (new)

Text proposed by the Commission

Amendment

(49a) 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 26

Proposal for a directive

Recital 51

Text proposed by the Commission

Amendment

(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 and more expensive supply and dependence on fossil fuels while these regions benefit from important local renewable sources of energy, in particular biomass. The outermost regions could thus serve as examples of the application of innovative energy technologies for the Union. It is therefore necessary to adjust the renewable energy strategy in order to achieve a higher degree of energy autonomy for those regions, strengthen security of supply and recognise their specific situation in terms of renewable energy potential and public support needs. On the other hand, the outermost regions should be able to use the full potential of their resources, in accordance with the criteria of strict sustainability and in line with local conditions, in order to increase the production of renewable energies and strengthen their energy independence.

Justification

Amendment 27

Proposal for a directive

Recital 53

Text proposed by the Commission

Amendment

Justification

Collective self-consumption should be allowed for citizens living in apartments without exemptions. By removing ‘in certain cases’, consumers will be empowered and be provided with the option to choose for collective self-consumption.

Amendment 28

Proposal for a directive

Recital 53 a (new)

Text proposed by the Commission

Amendment

(53a) Since energy poverty affects around 11 % of the population and around 50 million households of the Union, renewable energy policies have an essential role to play in addressing energy poverty and consumer vulnerability.

Justification

Within an integrated EU energy policy, sectoral legislation needs to address also the social risks of the energy transition and should urge Member States to give support to those consumers affected by energy poverty.

Amendment 29

Proposal for a directive

Recital 53 b (new)

Text proposed by the Commission

Amendment

(53b) Member States should therefore actively support policies that focus especially on low-income households at risk of energy poverty or in social housing.

Justification

Amendment 30

Proposal for a directive

Recital 55

Text proposed by the Commission

Amendment

(55) The specific characteristics of local renewable energy communities in terms of size, ownership structure and the number of projects can hamper their competition on equal footing with large-scale players, namely competitors with larger projects or portfolios. Measures to offset those disadvantages include enabling energy communities to operate in the energy system and easing their market integration.

Amendment 31

Proposal for a directive

Recital 57


Text proposed by the Commission	Amendment
(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 and in order to reach the long-term decarbonisation goals for 2030 and 2050, to reinforce investor certainty and to 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.

Amendment 32

Proposal for a directive

Recital 62


Text proposed by the Commission	Amendment
(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 33

Proposal for a directive

Recital 63 a (new)

Text proposed by the Commission

Amendment

(63a) Energy efficiency and energy saving policies are some of the most effective methods by which Member States can increase the share of renewable energy in their economy. Fuel efficiency and modal shift should be prioritised in the transport sector, together with full incorporation of external costs into fuel prices. 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.

Justification

Linked to amendments to article 25.

Amendment 34

Proposal for a directive

Recital 63 b (new)

Text proposed by the Commission

Amendment

(63b) 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.

Justification

Restore idea of 2009/28/EC Recitals 28 and 29. Increased GHG emission savings require measures across the transport sector in both the production and supply chains.

Amendment 35

Proposal for a directive

Recital 63 c (new)

Text proposed by the Commission

Amendment

(63c) 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.

Justification

Increased GHG emission savings require measures across the transport sector. Fuel efficiency standards for road transport can be an effective way to boost the uptake of renewable alternatives.

Amendment 36

Proposal for a directive

Recital 64

Text proposed by the Commission

Amendment

(64) Advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non-biological origin, and renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost-effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. The cascading use principle should be taken into account in order to make sure that the use of feedstock for advanced biofuel production does not compete with other uses in which the feedstock would have to be replaced with more emission intensive raw materials. The incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels.

Amendment 37

Proposal for a directive

Recital 65

Text proposed by the Commission

Amendment

(65) The promotion of low carbon fossil fuels that are produced from fossil waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation. It is therefore appropriate to include those fuels in the incorporation obligation on fuel suppliers.

(65) The promotion of low carbon fossil fuels that are produced from gaseous waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation. It would therefore be appropriate to develop a methodology on their possible contribution towards the aims of this Directive and the Union decarbonisation policy objectives in general.

Amendment 38

Proposal for a directive

Recital 65 a (new)

Text proposed by the Commission

Amendment

Amendment 39

Proposal for a directive

Recital 66

Text proposed by the Commission

Amendment

Amendment 40

Proposal for a directive

Recital 67

Text proposed by the Commission

Amendment

(67) The costs of connecting new producers of gas from renewable energy sources to the gas grids should be based on objective, transparent and non-discriminatory criteria and due account should be taken of the benefit that embedded local producers of gas from renewable sources bring to the gas grids.

(67) The costs of connecting new producers of electricity and gas from renewable energy sources to the electricity and gas grids should be based on objective, transparent and non-discriminatory criteria and due account should be taken of the benefit that embedded producers of electricity from renewable energy sources and local producers of gas from renewable sources bring to the electricity and gas grids.

Justification

This amendment reinstates the wording of recital 62 of Directive 2009/28/EC.

Amendment 41

Proposal for a directive

Recital 68


Text proposed by the Commission	Amendment
(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 42

Proposal for a directive

Recital 68 a (new)

Text proposed by the Commission

Amendment

(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.

Justification

The renewables directive should embrace circular economy and bio-economic principles and promote the secondary raw materials market.

Amendment 43

Proposal for a directive

Recital 69


Text proposed by the Commission	Amendment
(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 44

Proposal for a directive

Recital 71


Text proposed by the Commission	Amendment
(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 those 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 45

Proposal for a directive

Recital 72 a (new)

Text proposed by the Commission

Amendment

Justification

To ensure that the Renewables Energy Directive is in line with the Circular Economy Action Plan and the EU waste hierarchy, it is necessary to introduce a new sustainability criteria.

Amendment 46

Proposal for a directive

Recital 73


Text proposed by the Commission	Amendment
(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.

Justification

Drained peatlands do not act as a secure carbon stock. Therefore it seems unreasonable to exclude their use for the production of biofuels, bioliquids and biomass fuels.

Amendment 47

Proposal for a directive

Recital 74 a (new)

Text proposed by the Commission

Amendment

Justification

Amendment 48

Proposal for a directive

Recital 75


Text proposed by the Commission	Amendment
(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.

Justification

Amendment 49

Proposal for a directive

Recital 75 a (new)

Text proposed by the Commission

Amendment

Justification

There is a strong need for production criteria to guarantee a level playing field between biofuels and fossil fuels.

Amendment 50

Proposal for a directive

Recital 76


Text proposed by the Commission	Amendment
(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 51

Proposal for a directive

Recital 76 a (new)

Text proposed by the Commission

Amendment

Justification

Amendment 52

Proposal for a directive

Recital 76 b (new)

Text proposed by the Commission

Amendment

Amendment 53

Proposal for a directive

Recital 76 c (new)

Text proposed by the Commission

Amendment

Amendment 54

Proposal for a directive

Recital 78


Text proposed by the Commission	Amendment
(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 an installed electrical 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 or produced in installations which have been converted from solid fossil fuels fired plants. 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 an installed electrical 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 or if produced in installations which have been converted from solid fossil fuels fired plants. 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 55

Proposal for a directive

Recital 80


Text proposed by the Commission	Amendment
(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 56

Proposal for a directive

Recital 82


Text proposed by the Commission	Amendment
(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.

Justification

Guarantees of origin should inform consumers about compliance with the sustainability criteria and savings in greenhouse gas emissions.

Amendment 57

Proposal for a directive

Recital 84


Text proposed by the Commission	Amendment
(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.

Justification

This amendment is inextricably linked to amendment to Article 25(1).

Amendment 58

Proposal for a directive

Recital 85


Text proposed by the Commission	Amendment
(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 59

Proposal for a directive

Recital 95


Text proposed by the Commission	Amendment
(95) Global demand for agricultural commodities is growing. Part of that increased demand will be met through an increase in the amount of land devoted to agriculture. The restoration of land that has been severely degraded and therefore cannot be used, in its present state, for agricultural purposes is a way of increasing the amount of land available for cultivation. The sustainability scheme should promote the use of restored degraded land because the promotion of biofuels, bioliquids and biomass fuels will contribute to the growth in demand for agricultural commodities.	(95) Global demand for agricultural commodities is growing. Part of that increased demand will be met through an increase in the amount of land devoted to agriculture. The restoration of land that has been severely degraded and therefore cannot be used, in its present state, for agricultural purposes is a way of increasing the amount of land available for cultivation. The sustainability scheme should promote the use of restored degraded land because the promotion of biofuels, bioliquids and biomass fuels will contribute to the growth in demand for agricultural commodities, which may result in indirect land-use change emissions.

Justification

The amendment is inextricably linked to amendment to Article 7(1).

Amendment 60

Proposal for a directive

Recital 101


Text proposed by the Commission	Amendment
(101) Since the objectives of this Directive, namely to achieve at least 27% share of energy from renewable sources in the Union's gross final consumption of energy by 2030, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.	(101) Since the objectives of this Directive, namely to achieve at least 35 % share of energy from renewable sources in the Union's gross final consumption of energy by 2030, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Amendment 61

Proposal for a directive

Article 1


Text proposed by the Commission	Amendment
This Directive establishes a common framework for the promotion of energy from renewable sources. It sets a binding Union targets for the overall share of energy from renewable sources in gross final consumption of energy in 2030. It also lays down rules on financial support to electricity produced from renewable sources, self-consumption of renewable electricity, and renewable energy use in the heating and cooling and transport sectors, regional cooperation between Member States and with third countries, guarantees of origin, administrative procedures, and information and training. It establishes sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels.	This Directive establishes a common framework for the promotion of energy from renewable sources. It sets mandatory Union and national targets for the overall share of energy from renewable sources in gross final consumption of energy in 2030. It also lays down rules on financial support to electricity produced from renewable sources, self-consumption of renewable electricity, and renewable energy use in the heating and cooling and transport sectors, regional cooperation between Member States and with third countries, guarantees of origin, administrative procedures, and information and training. It establishes sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels.

Amendment 62

Proposal for a directive

Article 2 – paragraph 2 – point a


Text proposed by the Commission	Amendment
(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 heat, tide, wave and other ocean energy, hydropower, biomass, biomethane, landfill gas, sewage treatment plant gas and biogases;

Justification

Biomethane should be added in the main definition of energy from renewable sources.

Amendment 63

Proposal for a directive

Article 2 – paragraph 2 – point c


Text proposed by the Commission	Amendment
(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;

Justification

It should be clarified that peat and other material embedded in geological formations or transformed to fossil is excluded. Bacteria are a form of renewable biomass that grow with or without photosynthesis.

Amendment 64

Proposal for a directive

Article 2 – paragraph 2 – point g


Text proposed by the Commission	Amendment
(g) ‘biofuels’ means liquid fuel for transport produced from biomass;	(g) ‘biofuels’ means liquid or gaseous fuel for transport produced from or by biomass;

Justification

The definition of biofuels should cover both liquid and gaseous biofuels. Biomass can act as the biological catalyst which produces fuel directly as a product of biomass growth.

Amendment 65

Proposal for a directive

Article 2 – paragraph 2 – point n a (new)


Text proposed by the Commission	Amendment
	(na) 'residual waste' means waste resulting from a treatment or a recovery operation, including recycling, which cannot be recovered further and, as a result, has to be disposed of;

Justification

The definition needs to be included in order to define the use of waste such as advanced biofuels as being solely waste that can no longer be recycled and recovered.

Amendment 66

Proposal for a directive

Article 2 – paragraph 2 – point q


Text proposed by the Commission	Amendment
(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, alfalfa), industrial residues (including from food and feed crops after vegetal oils, sugars, starches and protein have been extracted), and material from biowaste;

Justification

Ley crops can be used for the production of biogas.

Amendment 67

Proposal for a directive

Article 2 – paragraph 2 – point s


Text proposed by the Commission	Amendment
(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 ;

Justification

This provision should not apply to industrial carbon capture and reuse feedstocks as the carbon would not be permanent. The change made to the definition of renewable liquid and gaseous transport fuels of non-biological origin is linked to article 25 where it can be counted towards the new incorporation obligation.

Amendment 68

Proposal for a directive

Article 2 – paragraph 2 – point u


Text proposed by the Commission	Amendment
(u) ‘low indirect land-use change-risk biofuels and bioliquids’ means biofuels and bioliquids, the feedstocks of which were produced within schemes which reduce the displacement of production for purposes other than for making biofuels and bioliquids and which were produced in accordance with the sustainability criteria for biofuels and bioliquids set out in Article 26;.	(u) ‘low indirect land-use change-risk biofuels and bioliquids’ means biofuels and bioliquids, the feedstocks of which were produced on unused, marginal land while improving its carbon capture within schemes which reduce the displacement of production for purposes other than for making biofuels and bioliquids, including for high protein feed products, and which were produced in accordance with the sustainability criteria for biofuels and bioliquids set out in Article 26;

Justification

This amendment is inextricably linked to an amendment to Article 7(1).

Amendment 69

Proposal for a directive

Article 2 – paragraph 2 – point y


Text proposed by the Commission	Amendment
(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 heat or cold which is generated as by-product in industrial installations or in tertiary sector and which would be dissipated unused in air or water without access to a district or other dedicated heating or cooling recovery system;

Amendment 70

Proposal for a directive

Article 2 – paragraph 2 – point aa


Text proposed by the Commission	Amendment
(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 as defined in Directive [MDI Directive] or a group of customers, acting together, who consume 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, including through aggregators, provided that, for non-household renewable self-consumers, those activities do not constitute their primary commercial or professional activity;

Amendment 71

Proposal for a directive

Article 2 – paragraph 2 – point dd


Text proposed by the Commission	Amendment
(dd) ‘food and feed crops’ means starch-rich crops, sugars and oil crops produced on agricultural land as a main crop excluding residues, waste or ligno-cellulosic material;	(dd) 'food and feed crops' means starch-rich crops, sugars and oil crops and other crops grown primarily for energy purposes on agricultural land as a main crop excluding residues and waste;

Amendment 72

Proposal for a directive

Article 2 – paragraph 2 – point ee


Text proposed by the Commission	Amendment
(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 waste and residue feedstocks listed in Part A of Annex IX that comply with the principle of the waste hierarchy and do not have significant displacement effects or significant distortive effects on markets for products, waste or residues based on a regional analysis;

Amendment 73

Proposal for a directive

Article 2 – paragraph 2 – point ff


Text proposed by the Commission	Amendment
(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;	(ff) ‘recycled carbon fuels’ means fuels produced from unavoidable gaseous waste streams of non-renewable origin, including waste processing gases and exhaust gases, with substantial greenhouse gas savings over their entire lifecycle;

Amendment 74

Proposal for a directive

Article 2 – paragraph 2 – point jj


Text proposed by the Commission	Amendment
(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 75

Proposal for a directive

Article 2 – paragraph 2 – point mm


Text proposed by the Commission	Amendment
(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 76

Proposal for a directive

Article 2 – paragraph 2 – point nn


Text proposed by the Commission	Amendment
(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 77

Proposal for a directive

Article 2 – paragraph 2 – point uu a (new)


Text proposed by the Commission	Amendment
	(uua) ‘bacteria based fuels’ means liquid fuels produced through bacterial growth using the carbon oxides within gaseous waste and residue streams which are generated as an unavoidable and not intentional consequence of the manufacturing of products and are not credited under other emissions reduction schemes;

Justification

The amendment is inextricably linked to amendment to Annex IX

Amendment 78

Proposal for a directive

Article 2 – paragraph 2 – point uu b (new)


Text proposed by the Commission	Amendment
	(uub) ‘waste hierarchy’ means the waste hierarchy laid down in Article 4(1) of Directive 2008/98/EC.

Justification

In order to ensure consistency, this directive should use the same definition of waste hierarchy as the Directive 2008/98/EC.

Amendment 79

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

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 80

Proposal for a directive

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

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].

deleted

Amendment 81

Proposal for a directive

Article 3 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

Justification

Member States must assess whether their policies in support of renewable energy are consistent with the legislation on waste, in particular with regard to the implementation of the waste hierarchy.

Amendment 82

Proposal for a directive

Article 3 – paragraph 5

Text proposed by the Commission

Amendment

5. In case the Commission finds in the context of the assessment of the Integrated National Energy and Climate Plans in accordance with Article 25 of Regulation [Governance] that the Union trajectory is not collectively met or that the baseline referred to in paragraph 3 is not maintained, Article 27(4) of that Regulation shall apply.

deleted

Amendment 83

Proposal for a directive

Article 3 a (new)


Text proposed by the Commission	Amendment
	Article 3a
	Mandatory national overall targets
	Each Member State shall ensure that the share of energy from renewable sources, calculated in accordance with Articles 7 to 13, in gross final consumption of energy in 2030, is equal to at least its national overall target for the share of energy from renewable sources in that year, as set out in the third column of the table in Part A of Annex I. Such mandatory national overall targets shall be consistent with a target of at least a 35 % share of energy from renewable sources in the Union’s gross final consumption of energy in 2030. In order to achieve the targets laid down in this Article more easily, each Member State shall promote and encourage energy efficiency and energy saving.

Amendment 84

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. In order to reach the Union and national targets established in Articles 3 and 3a or to achieve higher targets, 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.

Amendment 85

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

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. Member States my provide for exemptions for small-scale installations, where Member States can demonstrate that the administrative cost of directly or indirectly selling produced electricity in the market would be disproportionate, as well as for demonstration projects.

Amendment 86

Proposal for a directive

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment